200
COPYRIGHT -
JUNE 1981
or under circumstances that might be prejudicial to
his honor or reputation.
The rights conferred on the author by the fore
going paragraphs are perpeuual, inalienab1e and im
prescriptible.
(b) Economic Rights
The author shall enjoy the exclusive right to
exploit his work in any form and to derive monetary
benefit therefrom. He shall in. particular have the
exclusive right to perform or authorize any one of
the following acts:
(i) reproduction of the work in any material form,
including cinematograph films and sound re
cordings, by all processes that allow it to be
indirectly communicated to the public;
(ii) performance or ·recitation of the work in public,
by any means or process, including sound or
visual broadcasting;
(iii) communication of the broadcast work to the
public by wire, loudspeaker or any other pro
cess or means for the transmission of sounds or
images;
(iv) translation, adaptation, arrangement or any
other transformation of the work.
For the purposes of this Article, "work" means
the work either in its original form or in any form
derived from the original.
None of these acts may be performed by a third
party without the formal written authorization of the
author. Any reproduction or performance, in whole
or in part, made without the authorization of the
author or his successors in title shall be unlawful.
The same shall apply to translation, adaptation,
arrangement and transformation.
Article 4. The author of the work is the person
who created it. The work shall be considered created,
independently of any public disclosure, by virtue of
the mere fact of the author's conception being real
ized, even incompletely.
In the absence of proof to the contrary, author
ship shall belong to the person or persons under
whose name the work is disclosed.
Subject to Article 23 below, copyright, even in a
work made under a contract to make a work or an
employment contract, shall belong in the first in
stance to the author. However,
(a) when the work is produced by officials of the
administration in the course of their duties, the
economic rights deriving from the disclosure
of the work may be distributed according to
the internal rules of the administration that
employs them;
(b) the economic rights deriving from the disclo
sure of the works of students or trainees of a
school or art establishment may be distributed
according to the internal rules of the school
or establishment.
Article 5. "Original work" means a work which,
in its characteristics and form, -or in its form alone,
allows its author to be identified.
"Work of joint authorship" means a work result
ing from joint contributions on the part of two or
more authors, iTrespective of whether the work is an
indivisible whole or made up of rpatts having the
character of independent creations.
"Composite work" means a new work in which
a pre-existing work is incorporated without the colla
boration of the author of the latter.
"Collective work" means a work created on the
initiative of a natural person or legal entity who or
which discloses it and publishes it under his or its
name, in which the personal ·contributions of the
various authors who participated in its creation merge
in the whole for which they were made, in such a
way that it is not possible to attribute to each co
author a separate right in the whole thus completed.
"Posthumous work" means a work made accessi
ble to the public after the death of its author.
Article 6. A work of joint authorship shall belong
jointly to all the co-authors. The co-authors shall
exercise their rights by common consent, failing
which the court shall decide. Where the contribution
of each of the co-authors is of a different type, each
co-author may, unless otherwise agreed, exploit his
personal contribution separately, provided however
that this does not prejudice the exploitation of the
joint work.
A composite work shall be1ong to the author
who made it, subject to the rights of the author of
the pre-existing work.
A collective work shall belong to the natural
person or legal entity who or which initiated its
creation and disclosed it.
Article 7. The authors of pseudonymous and
anonymous works shall enjoy the rights specified in
Article 3 in relation to their works.
They shall be represented in the exercice of those
rights by the original editor or publisher until such
time as they disclose their identity and prove ·their
authorship.
The declaration provided for in the preceding
paragraph may be made by will; however, any rights
that may have been previously acquired by third
parties shall be maintained.
The provisions of the second and third para
graphs above shall not be applicable where the pseud
onym adopted by the author leaves no doubt as to
his identity. _
Article 8. The authors of translations, adapta
tions, transforma1Jions or arrangements of ,intellectual
works shall enjoy the protection afforded by this Law