6
7 the author of the musical compositions, with or without words, specially created for
the work;
8 the director.
Where an audiovisual work is based on a preexisting work or script that is still protected,
the authors of the original work shall be assimilated to the authors of the new work.
Article 18: The natural person or persons responsible for the intellectual creation of a
radio work shall be regarded as the author or authors of that work.
The provisions of the last paragraph of the preceding Article shall apply to radio works.
Article 19: Unless otherwise stipulated, software created by one or more employees in
the performance of their duties shall belong to the employer, in whom shall vest all the
rights afforded to the authors.
The first paragraph of the present Article shall also apply to officials of the State, of
public authorities and of public administrative institutions.
Chapter 2: Copyright
Section 1: General provisions
Article 20: The author of a work of the mind shall enjoy, by the mere fact of its creation,
an exclusive incorporeal property right in the work that shall be enforceable against all
persons. This right shall include attributes of an intellectual and economic nature, as
determined by the present Law.
Article 21: The incorporeal property right set out in the preceding Article shall be
independent of ownership of the material object.
The acquirer of such object shall not, by virtue of the acquisition, be vested with any of
the rights set out in the preceding Article. These rights shall vest in the person of the
author or his successors in title, who may not, however, require the owner of the material
object to make the object available to them for the exercise of said rights. Nonetheless,
where manifest abuse by the owner prevents the exercise of the right of disclosure, the
competent court may order any appropriate measure once the case has been referred to it.
Section 2: Moral rights
Article 22: The author shall be entitled to respect for his name, status and work.
This right shall be a strictly personal right.
It shall be perpetual, inalienable and imprescriptible.