12
No license may be deemed an exclusive license unless expressly stipulated in the contract
between the author and the license holder.
ARTICLE 26 Unless otherwise provided, contracts for assignment of economic rights or
licenses to carry out the acts covered by the economic rights shall be concluded in
writing.
ARTICLE 27 The assignment of economic rights and licenses to carry out the acts
covered by the economic rights may be limited to certain specific rights or limited with
respect to aims, duration, territorial applicability, scope of means of exploitation.
Failure to mention the territorial applicability for which the economic rights are assigned
or the license is granted to carry out acts covered by the economic rights shall be deemed
to limit the assignment or the license to the country in which the assignment is made or
the license granted.
Failure to mention the scope or the means of exploitation for which the economic rights
are assigned or the license is granted to carry out acts covered by the economic rights
shall be deemed to limit the assignment or the license to the scope and means of
exploitation necessary for the aims referred to when the assignment was made or the
license granted.
ARTICLE 28 The assignment by the author of his economic rights shall include a
proportional share of the revenue from sale or exploitation for the benefit of the author.
The author's remuneration may, however, be a lump sum in cases where:
- it is impossible in practice to determine the basis for calculating a share;
- the monitoring costs would be disproportionate to the desired results;
- the use of the work is merely incidental to the subject of the exploitation.
ARTICLE 29 An author who transfers an original or a copy of his work by sale shall be
deemed, unless otherwise stipulated in the contract, to have assigned none of his
economic rights nor to have granted a license for carrying out the acts covered by the
economic rights.
Notwithstanding paragraph 1 above, the legitimate acquirer of an original or a copy of a
work, unless otherwise stipulated in the contract, shall enjoy the right of presentation of
such original or copy directly to the public.
TITLE VI
AUDIOVISUAL AND RADIO WORKS
CHAPTER I
AUDIOVISUAL WORKS
ARTICLE 30 In the case of an audiovisual work, the first holders of the moral and
economic rights shall be the joint authors of the work, such as the director, the