3
or expressions of folklore, and databases in compliance with the provisions of Article
7.
Article 7 – Databases are compilations of data or other information, or extracts from
works, or whole works, in electronic or another form. The protection of these
compilations extends only to the choice and arrangement of the contents. In the case
of a compilation of works, the compilation and the works constituting the compilation
shall be protected independently. In the case of a compilation of information, only the
compilation shall be protected.
Article 8 – Provided it is original, the title of an intellectual work is protected as the
work itself. Even where the work is no longer protected pursuant to Articles 52 to 54,
no one may use this title to identify a work in the same genre, in conditions liable to
cause confusion.
CHAPTER III
Copyright holders
Article 9 – The “author” is the natural person who has created the work. In the
absence of proof to the contrary, authorship belongs to the person or persons under
whose name the work is disclosed.
Article 10 – The general rule whereby the creator is the author applies also to works
created in the context of work or a commission contract.
Article 11 – A work to whose creation two or more natural persons have contributed
is known as a collaborative work. A new work into which a pre-existing work is
incorporated without the collaboration of the author of the latter shall be known as a
composite work. A work created on the initiative of a natural person or legal entity
who edits, publishes and discloses it under his own direction and in his own name
and in which the personal contributions of various authors who take part in the writing
of it merge into the whole for which they have been designed, so that it is impossible
to attribute to each of them a distinct right over the whole that is created, shall be
known as a collective work.
Article 12 – A work of collaboration is the joint property of the co-authors. The coauthors must exercise their rights by mutual agreement. In the event of
disagreement, the civil courts shall decide. Where the participation of each of the coauthors is of a different kind, each one may, save as otherwise agreed, exploit his
own personal contribution separately, without prejudice, however, to the exploitation
of the joint work.
Article 13 – A composite work shall be the property of the author who has created it,
subject to the rights of the author of the pre-existing work.
Article 14 – In the absence of proof to the contrary, a collective work is the property
of the natural person or legal entity in whose name it is disclosed. This person shall
hold the copyright.