Photo Credit: USAID/Albania   Fatmir Koci, film writer and producer, displaying his film \"Tirana 2000\"

Enforcing the Copyright Law in Albania

Resurrecting the Film Industry
Enforcing the Copyright Law in Albania

May 26, 2004 | Tiranë, Albania

Only one year ago, foreign films on fifty television stations were broadcast for the Albanian public’s pleasure 24 hours a day. Hollywood, MTV, and CNN dominated the TV screen, free of charge to anyone with an antenna. Some of the foreign films had not even reached the European cinemas before they had arrived on the Albanian TV set. Every station had access to a full copied set of the 300 Albanian featured films, plus the 1,300 documentaries produced before 1991, and played each film over and over again without fear of being held in contempt of piracy.

Due to USAID/Albania’s Media Development program, the Law on Copyright is now being enforced. USAID’s implementing partner, the International Research and Exchange Board (IREX), is combating broadcast piracy head-on and ensuring that only licensed programming is allowed on the television.

“The enforcement of the Copyright Law is a strong indicator of Albania’s willingness to fight corruption and support anti-corruption activities,” says Suzie Cullufi, USAID/Albania’s democracy specialist. This initiative, combined with other activities that offer technical assistance in media legal framework, media institution development, and training to journalism students in fact-based reporting, is changing the way people view the law.

The Copyright Law was actually passed 14 years ago in Albania, yet, it was clear that the government had turned a blind eye to its abuses. With IREX’s assistance, the National Council of Radio and Television (NCRT), similar to the American Federal Communication Commission, was created in 1998 to control the licensing of TV programming. However, it was not until October 2003 that the NCRT was empowered to do so. With constant prodding by IREX, the Albanian parliament made a few amendments to the Law on Copyright, which allowed NCRT to penalize those stations in nonconformance. Now, in accordance with the law, all television stations must demonstrate distribution contracts for all programming, or risk loss of licenses.

The Forum for the Protection of Producers and Screenwriters was also created. “We needed to construct a mechanism to protect the property of the filmmakers and directors,” said Andrea Stefani, board member of the Forum and IREX deputy director. “One day a group of producers, screenwriters and I were discussing over coffee that we needed to form a group. We started with 19 now we are 140 strong.”

“They are like hunters,” says Shelly Markoff, director of IREX in Albania. “They track down the culprits and either demand payment for the use of a film or recommend to the NCRT for the removal of their license.

The Forum was officially recognized as a legally registered NGO on March 2004 by the Ministry of Culture responsible for the control of copyright issues in film. Another institution, Albautor, will be in charge of music copyrights. This endorsement by the ministry is a large step towards protecting authors’ rights and supporting the growth of business.

Fatmir Koci, a film producer was never paid for his films. “The stores here were filled with my films and the TV stations were stealing them right and left. I never made any money once the films were produced.” Last month a local Albanian TV station paid 12,000 dollars for “Tirana 2000”, one of his films that is internationally recognized. “I would never have imagined getting this sum of money three years ago.”

Since TV stations cannot afford the high-cost of international films, the Albanian films are very popular. IREX locally produces two television shows. One is called “Heroes” that highlights citizen activism and community initiated projects, and the other is called “Hapur,” open, that is an investigative news program concentrating on the struggles against corruption. “Heroes” has aired over 100 films to date. These shows, along with many others, are in demand since they do not compete with Hollywood anymore.

The film industry is being resurrected. During the communist regime that lasted almost 45 years, the State produced 10 to 12 films a year. 700 people were employed in the making of these films and today they sit in the National Archives collecting dust. The state distributing company, Albfilm, makes no money from these films while they are being copied worldwide and sold on the open market. Stores in Greece, Germany, Serbia and even in America are selling Albanian films without distributing licenses. “They are stealing our cultural heritage. Now, step by step we can get it back,” says Fatmir.

The forum hopes to sign an agreement with the government of Albania to have exclusive rights to the sales of the Albanian film archives. They hope to create a revenue-sharing plan that would support the efforts of the Forum and provide income to the state. It would be the first regional program distribution organization of its kind in Southeast Europe.

Because of the enforcement of the Copyright Law, producers and screenwriters are making a living from their creative works. Hundreds of people gain employment and rightfully benefit from their efforts. The implementation of the law is a concerted effort that is being made by NCRT, the forum, the court and the state. With their full cooperation, the law will be strong and the illegal practice of piracy will be stopped. USAID with IREX has put the spot light on those that breach the law, and has made it difficult for offenders to hide.