Image rights: the Albanian perspective.

• Author: Selimi, Denis

Differently from other jurisdictions where established statues and case law entitle individuals to control how their image or likeness is used for commercial purposes in public the realities of Albania have not yet caused that the legislator addresses and protects image rights. This is mainly due to somewhat historical but nowadays also commercial reasons. Sportsman who would like to be recognized not only for their physical abilities but also as icons to the public would certainly like to have defended their rights to the exploit of their image as they see fit.

Nowadays, Albanian sportsmen are building up their image by mainly playing for foreign teams. Some of them have started cashing in on their image based on agreements with their sponsors. However, there is little awareness that the Albanian law does not afford them protection of their image rights. Furthermore to date there has been almost no court cases elaborating on the legal means in defending rights of sportsman in availing of their image.

In Albania, civil relationships are mainly regulated by the Civil Code (that is Law no. 7850 entered into effect as of year 1994). The Civil Code constitutes a series of provisions designed to comprehensively deal with the core rights of a private person. The Albanian Civil Code being mainly inspired by the Italian Civil Code has a remarkably resemblance and takes many of its provisions from the Italian Civil Code.

However, as at the time the Albanian Civil Code entered into effect the realities in Albania were not the same as those in western countries the drafters of the Albanian Civil Code did feel that many of the regulations provided for in the Italian Civil Code were too advanced to be included in the Albanian statute.

This becomes evident also due to the fact that while the Italian Civil Code provides on and the defends the so called personality rights including the right to name and the right to image, the Albanian Civil Code limits its protection only in regard to the name.

Furthermore, image rights are not comprehensively protected also by the relevant copyright protection legislation. Whilst the rights of a person appearing in a drawn picture are distinctly defended there is no mention regarding rights of persons appearing in other representations.

On the other hand considering the non-existing case law there is no guidance and certainty on the applicable principles and valid arguments to be put forward to a court.

As earlier...