Ownership of Intangible Rights - Copyright

Copyright is the type of property characterized by its intangibility, which is hardly perceivable by our physical senses. This special feature determines the way copyright is managed by authors and used by others. The absence of tangibility does not mean that copyright consists of mere ideas and concepts, on the contrary, it requires the fixation of the idea in whatever form in a tangible medium of expression. Not the idea itself, but the way it is expressed must be original. That dose of originality in the way the idea was developed stems mainly from the ways selected by the authors to use their creative skills. Work is the idea transformed into an intellectual product, based on new artistic perceptions, addressing emotions and senses. But the intangible copyright is not closely related, nor does it depend on the fate of the copies of the work. The Albanian Law on Author’s Rights provides that "Copyright exists independently of any property right over the physical object in which the intellectual creation is expressed or materialized." Except for a few cases, this makes it non-consumable as long as it has not expired.

The paper will explain that copyright is a valuable asset, but it cannot be considered a classic form of property. Copyright ownership exists from the moment a work is created and comes about as the result of the creation. Intangibility determines the main difference from other material properties. The use and application of copyright as intangible are not limited to one user or fixed in a geographical location. The paper will further analyze how intangibility imposes the existence of specific legal rules on how to own and use copyright, and it will also indicate the differences in the owner’s rights and the author’s rights. It also will highlight the difficulties in protecting copyright as intangible property as not limited by physical boundaries.

Keywords: copyright, intangible rights, ownership, economic rights, medium of expression

Background

Copyright represents an intangible type of property, distinct from traditional tangible assets. Unlike physical objects, copyright does not depend on the material embodiment of a work but rather on the original expression of ideas fixed in a medium. Albanian law recognizes copyright as existing independently of any property rights over physical copies, granting authors both economic and moral rights. The evolution of society and technology has highlighted the economic and cultural importance of intellectual property, positioning copyright as a valuable but legally distinct asset with unique rules for ownership, transfer, and protection.

Methods

This review article analyzes Albanian and international legal frameworks governing copyright, comparing it with traditional property rights. It examines legal doctrines, statutes, and scholarly literature to outline how copyright is acquired, exercised, and transferred. The study also considers distinctions between moral and economic rights, the Free Formality Principle, and the limitations of copyright protection in practice, particularly in the digital environment. Case law, legal conventions, and scholarly commentary provide the basis for understanding the nuances of intangible property rights.

Results

The analysis shows that copyright ownership is automatic upon creation and grants authors exclusive control over economic exploitation while protecting moral interests perpetually. Copyright differs from traditional property in that multiple users can access the work simultaneously, the work is not bound by geographical limits, and protection extends beyond physical copies. Challenges include difficulties in enforcing rights, digital piracy, and infringement, which are exacerbated by the intangible nature of copyright. The study highlights that heirs can exercise economic rights but never acquire authorship, emphasizing the legal distinction between moral and economic rights.

Conclusions

Copyright is a unique, intangible asset with significant economic and cultural value, requiring tailored legal protection strategies distinct from those for tangible property. Effective long-term protection relies on legal enforcement, public awareness, technological measures, and accessible dissemination of works. Recognizing the separate statuses of authors, rights holders, and physical owners is critical to balancing private interests with public access. The study underscores that copyright is both a “currency” for creators and a public good, necessitating innovative approaches to address its inherent challenges in a digital, globalized context.