Chapter VII
Assignment of Rights and Licensing
Section I
General
Article 34
Assignment of Rights
(1) Economic rights shall be assignable by transfer intra vivos and by testament or by
the effect of law by reason of death.
(2) Moral rights shall not be assignable by transfer intra vivos but may be assigned by
testament or by the effect of law by reason of death.
Article 35
Licenses
(1) The author of a work may grant licenses to other persons to carry out the acts
covered by his economic rights. Such licenses may be non-exclusive or exclusive.
(2) A non-exclusive license shall entitle its holder to perform, in the manner authorized
to him, the acts that it concerns at the same time as the author and other holders of nonexclusive licenses.
(3) An exclusive license shall entitle its holder, to the exclusion of any other person,
including the author, to carry out, in the manner authorized to him, the acts that it concerns.
(4) No license may be deemed an exclusive license unless expressly stipulated in the
contract between the author and the holder of the license.
Article 36
Form of Assignment and Licensing Contracts
On pain of invalidity, contracts for the assignment of economic rights or the grant of
licenses to carry out the act concerned by the economic rights shall be concluded in writing.
Article 37
Scope of Assignments and Licensing
(1) Total assignment of future works shall be invalid.
(2) The assignment of economic rights and licenses to carry out the acts concerned by
the economic rights may be limited to certain specific rights as also with respect to the aims,
duration, territorial applicability and scope or to the means of exploitation.
(3) Failure to mention the territorial applicability for which the economic rights are
assigned or the licenses granted to carry out the acts concerned by the economic rights shall
be deemed to limit the assignment or the license to the country in which the assignment has
been made or the license has been granted.
(4) Failure to mention the scope or the means of exploitation for which the economic
rights have been assigned or the license has been granted to carry out the acts concerned by
the economic rights shall be deemed to limit the assignment or license to the scope and means
of exploitation necessary for the aims referred to when making the assignment or granting the
license.