Gjykata e Rrethit Gjyqësor Tiranë, Vendim Nr. 3792, act Nr. 1506

Expediente y fuentes

Nombre

Gjykata e Rrethit Gjyqësor Tiranë, Vendim Nr. 3792, act Nr. 1506

Cita

Gjykata e Rrethit Gjyqësor Tiranë, Vendim Nr. 3792, act Nr. 1506

Tribunal

Tirana District Court

Instancia

tribunal nacional

Fechas

Decisión

2021-06-02

Estado

resuelto-firmeza-no-verificada

Resultado

The principal claim was dismissed; the counterclaim was allowed for the redacted unpaid euro amount plus statutory late interest from 1 May 2018 until execution, with costs charged to the commissioner. Appeal was available within 15 days; no later outcome was located in this review.

Resumen

The writer retained authorship while economic rights were allocated under the parties' contract; the court rejected the claim and granted the counterclaim for unpaid price and interest.

Antecedentes

A person commissioned a writer to create a biographical novel from his life story and later disputed completion, pseudonym and payment.

Historia procesal

The commissioner sued to terminate the agreement and recover the advance; the writer counterclaimed for the unpaid contract price and damages. The District Court heard the documentary evidence and party submissions in public session.

Cuestión jurídica

Who was the author of the commissioned novel, what economic rights the contract allocated, whether the writer performed on time, and which party breached the payment agreement.

Criterio

The writer retained authorship while economic rights were allocated under the parties' contract; the court rejected the claim and granted the counterclaim for unpaid price and interest.

Fundamento decisivo

The written agreement assigned the writing task to the defendant and expressly preserved her authorship. The parties' imprecise use of the phrase author rights was construed as allocation of economic exploitation rights. The manuscript was delivered by the contractual deadline and initially praised; later demands did not undo performance or the payment obligation.

Límites

First-instance, anonymized and non-AI. It does not decide whether a prompt, source facts, revision request or AI-assisted selection creates authorship, and the public body redacts party names and monetary amounts.

Relevancia

autoria-output

Referencias relacionadas

Peso del precedente

Limited first-instance persuasive orientation on commissioned human authorship and contractual economic rights; no binding or appellate status is claimed. Integración/votación: Single judge Altin Shkurti; no panel vote or dissent.

Fuente

Referencia

Gjykata e Rrethit Gjyqësor Tiranë, Vendim Nr. 3792, act Nr. 1506

Enlace

Consultar fuente

Autoridad

Tirana District Court

Tipo

ordinary civil first-instance contract/copyright judgment

Tipo de evidencia

complete_primary_judgment_authoritative_intergovernmental_reproduction

Localizador

act 1506; factual findings, court assessment of authorship/economic rights, and disposition

Verificación documentada

Sí