TITLE V
PROCEDURES AND SACTIONS
CHAPTER I: CIVIL PROCEDURES AND SACTIONS
Article 98:
Any dispute regarding the application of the provisions of this Law which fall within the
jurisdiction of the judiciary shall be brought before the competent courts without prejudice to
the right of the injured party to bring a case before a criminal court in accordance with general
law.
The collective management organization shall be entitled to take legal action to protect the
interests for which it is responsible.
In addition to the reports of judicial police officers or agents, the statements of sworn agents
of the collective management organization may constitute concrete proof of the existence of
any infringement of the provisions of this Law.
Article 99:
At the request of any author of a work of the mind, any holder of a neighboring right, their
successors in title or the collective management organization, the police, the gendarmerie,
customs authorities or any other authorities entitled to effect seizure must:
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seize, regardless of the day and time, the copies that constitute an unlawful
reproduction of a work, phonogram, videogram or programs of a broadcasting
organization;
seize, regardless of the day and time, the income from any reproduction, performance
or broadcast by any means whatsoever of a work of the mind, phonogram, videogram
or program which violates the rights of the copyright holders and holders of
neighboring rights;
seize, regardless of the day and time, the material which was used or was intended to
be used to infringe on the rights protected under this Law;
suspend any public performances which are underway or have been announced that
infringe on the rights of copyright holders or holders of neighboring rights;
suspend any manufacturing which is underway intended for the unlawful reproduction
of a work, phonogram, videogram or programs of a broadcasting organization.
Article 100:
Where proceeds from exploitation payable to the author or performer of a work of the mind
are the subject of a seizure order, the competent civil court may order the payment of a certain
amount or of a specified proportion of the amounts seized to the author or the performer as an
allowance for maintenance.
Amounts payable, on account of exploitation for gain or following the assignment of literary
or artistic property rights, to all authors, composers or performers as well as their surviving
spouses against whom there exists no final decision of separation or under-age children in
their capacity of successors in title, shall not be liable to seizure insofar as they constitute
maintenance.