e24702_SN004
Translated from French
14
Article 23. Definition of a work of joint authorship. – A work that is the product of
collaboration between two or more authors shall be deemed a work of joint authorship,
irrespective of whether it constitutes an indivisible whole or consists of autonomously
created parts.
Article 24. Rights in a work of joint authorship. – 1. The economic rights and moral
rights in a work of joint authorship shall be owned jointly by all the authors.
2. The joint authors shall exercise said rights by common accord.
3. In the event of failure to agree, the courts shall decide.
4. Each of the joint authors shall be free to prosecute, on his own behalf and without the
intervention of the others, any infringement of his economic rights or moral rights and to
seek damages for himself.
Article 25. Rights in contributions. – Where a joint author's personal contribution is
identifiable, he or she may, unless otherwise agreed, exploit it separately without,
however, prejudicing the exploitation of the common work.
Article 26. Audiovisual work. – 1. An audiovisual work created by more than one
author shall be a work of joint authorship.
2. Unless proved otherwise, the following shall be presumed to be the joint authors of
such work:
(a) the author of the script;
(b) the author of the adaptation;
(c) the author of the dialogue;
(d) the author of the musical compositions, with or without words, specially composed
for the work;
(e) the director.
Title IV. – Substance of copyright
Chapter I. – Moral rights
Article 27. Nature of moral rights. – 1. Moral rights, which are the expression of the
link between the work and its author, shall attach to the person of the author.
2. However, moral rights may be transferred mortis causa in accordance with the rules
set out in part one, title VII, of the present Law.
3. Moral rights shall be inalienable and shall subsist even after the assignment of
economic rights. They may not be prematurely surrendered.
4. Moral rights shall be perpetual.
Article 28. Right of disclosure. – The author alone shall have the right to disclose his
work.