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responsible for the intellectual creation of such a work. The provisions of Article 29
shall also be applicable to radio or radio visual works.
Chapter 5 – Assignment of rights
Art.33. The economic rights listed in Article 10 may be transferred, for or without
payment. The author may assign the rights in his work in whole or in part.
Art.34. Conditions of assignment
(1) The assignment of the author's rights shall be subject to each of the assigned
rights being separately mentioned in the instrument of assignment and the area of
exploitation of the assigned rights being defined as to its scope and purpose, as to
place and as to duration.
(2) Where special circumstances demand, the contract may be validly concluded by
an exchange of
telegrams or faxes, on condition that the field of exploitation of the assigned rights be
defined in compliance with the first paragraph of this Article.
Art.35. Effects of assignment
(1) Total or partial assignment of any one of the rights specified in Article 13 above
shall not imply assignment of any other of the said rights.
(2) When a contract entails total assignment of one right, the effects of that
assignment shall be limited to the methods of exploitation provided for in the contract.
(3) A clause in an assignment contract that confers the right to exploit the work in a
manner that was unforeseen or unforeseeable at the time the contract was entered
into shall be explicit and shall specify a proportionate share of the profits from the
exploitation.
(4) In the event of a partial assignment, the successor in title shall replace the author
in the exercise of the rights assigned, in the conditions, within the limits and for the
period specified in the contract.
Art.36. Assignment of future works
(1) Total transfer of future works shall be void, unless it is transferred to the Office of
Copyright and Neighboring Rights.
(2) It shall be lawful, however, to conclude a contract commissioning graphic or
threedimensional works that confers temporary exclusive rights of a duration not
exceeding five years and respects the author's independence and freedom of
expression.
Art.37. Remuneration in the event of assignment
(1) Assignment for consideration must confer on the author a proportionate share in
the proceeds of sale, hire or exploitation of the work in any form whatsoever.
(2) However, the remuneration of the author may be a lump sum payment in cases
where:
((1) the basis for calculating the proportionate share cannot be practically
determined;
((2) the cost of controlling would be out of proportion with the desired results;
((3) the use of the work is only of an accessory nature in relation to the object