LAW No. 94-036 of 18 SEPTEMBER 1995
on
Literary and Artistic Property
(J.O. 1 No. 2333 of 06.11.95, p. 3554)
(English version * )
BOOK I
Copyright
TITLE ONE
SUBJECT OF COPYRIGHT
CHAPTER ONE
The nature of copyright
Article 1 – The author of an intellectual work shall enjoy in relation to it, by virtue of
the mere fact of its creation, an exclusive incorporeal property right that is
enforceable against all persons.
This right embodies intellectual, moral and proprietary attributes, which are set out in
Books I and III of this Code.
The existence or signing of a contract for skill and labour or a service contract by the
author of an intellectual work shall imply no exemption from the enjoyment of the right
recognized in the first paragraph.
Article 2 – The incorporeal property defined by the first article shall be independent
of the ownership of the material object. None of the rights provided for in this Law
shall be vested in the person acquiring this object, except in the cases referred to in
the provisions of the second and third paragraphs of Article 56. These rights shall
subsist in the person of the author or his successors in title who, however, cannot
require the owner of the material object to make this object available for the exercise
of said rights. Nonetheless, where manifest abuse by the owner prevents the
exercise of the right of disclosure, a civil court may order any measure appropriate, in
compliance with the provisions of Article 23.
CHAPTER II
The created work and protected works
Article 3 – The work shall be deemed created, regardless of any public disclosure,
by virtue of the mere fact that the author’s concept has been put into practice, if only
incompletely.
Article 4 – The provisions of this Law protect the rights of authors in all intellectual
works, whatever their genre, form of expression, merit, medium or intended use.
Article 5 – The following, in particular, are deemed to be intellectual works within the
meaning of this Law:
1
*
Translator’s Note: J.O. (Journal officiel) = Gazette.
Courtesy translation provided by WIPO.