40. A cinematographic and audiovisual work shall be deemed to have been completed when the first master copy has been established by common accord between the director and the producer. The director of a cinematographic work is the natural person who undertakes the direction and assumes the artistic responsibility for transforming the work into images and sound, for its cutting and for its final mounting. 41. If any contributor to a cinematographic work refuses to complete his contribution to the work or is unable to do so due to circumstances beyond his control, he shall not be entitled to oppose use of that part of his contribution already in existence for the purpose of completing the work. If the producer of a cinematographic and audiovisual work refuses to produce the work or is unable to produce it or to complete it due to circumstances beyond his control, the contributors to that work may request the competent court to cancel the contracts that bind them to the producer whilst maintaining their pecuniary rights under such contracts. Unless otherwise agreed, the contributors to a cinematographic or audiovisual work may dispose freely of their personal contribution for exploitation in a different field on condition that they do not prejudice exploitation of the work to which they have contributed. 42. The persons exploiting cinematographic and audiovisual works, the distributors of cinematographic films or video films by means of sale, lending or hiring, as also the owners of cinema or audiovisual projection theaters, shall conclude contracts with the authors or their successors in title for the payment of the royalties relating to the authors’ rights. Chapter VII Software 43. Unless otherwise agreed, software created by one or more employees in the course of their duties shall belong to the employer to whom all the rights afforded to authors shall also belong. The provisions of the first paragraph of this Article shall also apply to servants of the State, of public local authorities and of public establishments. Any dispute concerning application of this Article shall be submitted to the court with competence for the registered offices of the employer. 44. Unless otherwise agreed by contract, software created on a commission and the documentation having served to create it shall remain the property of the producer. 45. Unless otherwise agreed, an author may not oppose adaptation of his software by third parties within the limits of the rights he has assigned to them. 46. Unless otherwise agreed, any reproduction other than the making of a backup copy by the user or any other use of software not explicitly authorized by the author or his successors in title shall be prohibited. However, the author of software may not oppose any reproduction from an original acquired of his work that is made by scientific and cultural institutions or by teaching and research establishments and non-commercial documentation centers, limited to the needs of their activities in accordance with Article 13 of this Law. page 9/12