e24702_SN004
Translated from French
13
Article 16. Anonymous and pseudonymous works. – 1. The authors of anonymous
and pseudonymous works shall be represented in the exercise of their rights by the
original editor or publisher, until such time as they reveal their true identity and prove
their authorship.
2. The declaration of identity referred to in the previous paragraph may be made by will;
however, any rights previously acquired by third parties shall be maintained.
3. The provisions of the previous two paragraphs shall not apply if the pseudonym
adopted by the author leaves no doubt as to his true identity.
Chapter II. – Works created by an employee or an official
Section I. – Works created by an employee
Article 17. Initial ownership. – The existence of a work contract shall in no way
derogate from the enjoyment of copyright.
Article 18. Presumption of assignment. – Economic rights in a work created by an
employee in the context of his employment shall be presumed to be assigned to the
employer under the work contract, insofar as the employer's usual activities at the time of
creation of the work give grounds therefor. An employer that exploits the rights thus
assigned shall pay remuneration separate from salary. In the absence of agreement
between the parties, the amount of such remuneration shall be determined by the
competent court.
Section II. Works created by an official
Article 19. Initial ownership. – Copyright in a work created by an official shall be
granted to that official.
Article 20. Legal assignment for public service needs. – Insofar as is strictly
necessary to carry out a public service task, economic rights in a work created by an
official in the performance of his functions or pursuant to instructions received shall,
from the time of creation, be automatically assigned to the office for which the interested
party works.
Chapter III. Works created in implementation of a commission contract
Article 21. Initial ownership. – The existence of a contract for hire, called a
commission contract, pursuant to which the author undertakes to deliver a work in return
for remuneration, shall in no way derogate from the enjoyment of copyright.
Article 22. Transfer of corporeal property. – Transfer of ownership of the physical
medium of a work of the mind shall not in itself entail any assignment of the economic
rights of the author.
Chapter IV. – Works of joint authorship