BOOK THREE COPYRIGHT AND RELATED RIGHTS
Article 138
For the purposes of this Law, the following terms shall have the meaning
given below:
(1) Work: Any created literary, artistic or scientific product,
whatever its type, mode of expression, significance or purpose of its
creation.
(2) Creation: The creative nature that confers originality on the work.
(3) Author: The person who creates the work. Is considered author of
the work the person whose name is indicated on, or attributed to, the
published work as being its author, unless proven otherwise.
The author may publish his work anonymously or under a pseudonym,
provided that the identity of the author can be established without
any doubt. In case of doubt, the publisher or producer of the work,
whether a natural person or legal entity, shall be the representative
of the author in the exercise of his rights until the identity of the
latter is disclosed.
(4) Collective work: A work made by a group of authors under the
instruction of a natural person who, or a legal entity which, undertakes
to publish the work under his or its name and direction, provided that
the contributions of the participants in such work are integrated in
the general objective set by that person or legal entity, in such a
manner that it is impossible to distinguish the individual contribution
of each.
(5) Work of joint authorship: A work which is not considered as a
collective work, in the making of which more than one person participate,
whether or not it is possible to distinguish the individual contribution
of each in the work.
(6) Derivative work: A work which is derived from an existing one, such
as translations, musical re-arrangements, compilations of works,
including readable databases, from the computer or otherwise, and
collections of expressions of folklore, which, by reason of the
arrangement and selection of their contents, are considered as created
works.
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