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TITLE II
THE RIGHTS OF AUTHORS
CHAPTER ONE
Moral rights
Article 20 – Regardless of his proprietary rights and even after the assignment of
said rights, the author of a work is entitled:
– to claim authorship of his work, in particular the right to have his name mentioned
on the copies of his work and, insofar as this is possible and in the customary
manner, in connection with any public use of his work;
– to remain anonymous or to use a pseudonym;
– to oppose any distortion, mutilation or other alteration made to his work or any
other damage to the said work that would be prejudicial to his honour or reputation.
Article 21 – The rights referred to in Article 20 belong to the author in person. They
are perpetual, inalienable and indefeasible. Upon the author’s death they shall be
transferrable to his heirs. Exercise of these rights may be conferred on a third party
by virtue of testamentary dispositions.
Article 22 – Only the author shall be entitled to disclose his work. Subject to the
provisions of Articles 9 and 10 of the Constitution, he shall decide on the procedure
for disclosure and shall lay down the conditions for said disclosure. After his death,
the right to disclose his posthumous works shall be exercised during their lifetimes by
the executor or executors appointed by the author, in the following order: by his
descendants, by a spouse who has not been declared legally divorced or who has
not remarried, by the heirs other than the descendants who succeed to all or part of
the inheritance and by the future residuary legatees or donees of the generality of
assets. This right may be exercised even after the expiry of the exclusive exploitation
right referred to in Article 52.
Article 23 – In the event of manifest abuse or non-use of the right of disclosure on
the part of the representatives of a deceased author, referred to in Article 22, a civil
court may order any appropriate measure. The same shall apply in the event of a
conflict between the said representatives, where there is no known successor in title
or in the event of vacant succession or escheat. Cases may be brought before the
court in particular by the Minister for Culture and Communication.
Article 24 – Notwithstanding the assignment of his exploitation right, even after the
publication of his work, an author is entitled to have second thoughts or to withdraw
in relation to the assignee. He may exercise this right, however, only on condition that
he first indemnifies the assignee for the damage these second thoughts or withdrawal
may cause him. Where, after he has exercised his right to second thoughts or
withdrawal, an author decides to have his work published, he is obliged to offer his
exploitation rights first to the assignee he had originally chosen and on the conditions
originally laid down.
Article 25 – An audiovisual work is deemed to be completed when the final version
has been established by mutual agreement between, on the one hand the director or,