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- the communication of his work to the public by cable or by any other means.
The rental right shall not apply to the rental of computer programs in those cases where
the program itself is not the essential subject of the rental.
Authors of graphic or three-dimensional works shall, notwithstanding any assignment of
the original work, have an inalienable right to a share in the profit from any sale of such
work by public auction or through a dealer.
After the death of the author, this resale royalty right shall subsist for the benefit of his
heirs.
The royalty shall consist of a percentage of the proceeds from the sale collected for the
author or his heirs.
The percentage referred to in the preceding paragraph shall be laid down in regulations.
Under the present Article, "the work" means the work both in its original form and in a
form derived from the original.
CHAPTER III
AUTHORS AND PROTECTED WORKS
SECTION 1 AUTHORS OF WORKS
ARTICLE 5 The author of a work shall be the natural person who created it.
A work shall be deemed created, irrespective of any public disclosure, by virtue of the
mere fact of its conception or realization, even if incomplete, by the author.
Authorship shall belong, unless proved otherwise, to the person or persons under whose
name(s) the work is disclosed.
Where a work is created by an author on behalf of a natural or legal person, hereinafter
referred to as "employer", under a work contract for the author's employment, unless
otherwise provided in the contract, the original holder of the moral and economic rights
shall be the author, but the economic rights in the work shall be deemed to have been
transferred to the employer to the extent justified by the habitual activities of the
employer at the time of creation of the work.
The joint authors of a work of joint authorship shall be the joint holders of the moral and
economic rights in that work. However, if a work of joint authorship may be divided into
independent parts, that is to say if the parts of such work may be reproduced, performed
or otherwise used separately, the joint authors may enjoy independent rights in those
parts, while remaining joint holders of the rights in the work of joint authorship
considered as a whole.