5
The rights afforded to the author under the preceding paragraph shall be perpetual,
inalienable and imprescriptible.
Notwithstanding assignment of his economic rights, an author shall enjoy a right of
withdrawal, even after publication of his work, with respect to the assignee. However, he
may exercise such right only on condition that he indemnify the assignee in advance for
any prejudice which the withdrawal may cause him.
Where the author decides to have his work published after having exercised his right of
withdrawal, he shall be required to offer his rights of exploitation in the first instance to
the assignee whom he originally chose.
The right to disclose posthumous works shall be exercised, during their lifetimes, by the
executor or executors appointed by the author. If there are none, or after their death, and
unless the author has willed otherwise, this right shall be exercised in the following order:
by the descendants; by a spouse in respect of whom there is no final judgment of
separation or who has not remarried; by heirs other than descendants who inherit all or
part of the estate; and by the universal legatees or donees of the totality of the future
assets.
This right may be exercised even after the exclusive right of exploitation pursuant to title
VIII of this Law has expired.
In the event of manifest abuse in the exercise or non-exercise of the right of disclosure by
the representatives of the deceased author referred to above, the civil court may order any
appropriate measure. The same shall apply where there is a dispute between said
representatives, where there are no known successors in title or in the event of abeyance
or escheat.
2.
An author shall enjoy the exclusive right to exploit his work in any form
whatsoever and to derive monetary profit therefrom.
He shall enjoy, in particular, the exclusive right to perform or authorize the performance
of any of the following acts:
- the reproduction of his work;
- the translation of his work;
- the preparation of adaptations, arrangements or other transformations of his
work;
- the rental or authorization of the rental or any other transfer of possession of the
original or copies of his work, irrespective of the ownership of the original or
copy being rented;
- the distribution or authorization of the distribution of the original or copies of
his work to the public by means of sale or any other transfer of ownership;
- the performance of his work in public;
- the import of copies of his work;
- the broadcast of his work;