COPYRIGHT - SEPTEMBER 1990
year and the fifty years following the death of the
last surviving contributor.
The economic rights of the author shall last for
fifty years as from the end of the current calendar
year in which the work was made lawfully available
to the public:
-in the case of photographic works, radio and
audiovisual works and works of applied art ;
-in the case of anonymous or pseudonymous
works; however, where the pseudonym leaves no
doubt as to identity prior to expiry of that period,
the term of exploitation shall be calculated in accordance with the first paragraph above.
In the case of a posthumous work, these rights
shall belong to the author's successors in title if the
work is disclosed within the period referred to in
,t,he first paragraph above. If the work is disclosed
after expiry of that period, the right shall belong to
···the owner of the manuscripts or originals of the
:work who effects publication or causes it to be
effected.
Posthumous works shall be .published separately,
.except where they constitute only a fragment of a
work published previously. They may be joined to
·previously published works by the same author
':Only if the author's successors in title still enjoy the
:f].ght of expl<;>itation in those works.
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tions, to collect the appropriate royalties from users
ofliterary, artistic or scientific works and to distribute the royalties among the authors or their successors in title. It shall also administer, on the territory
of the Republic, the interests of the various foreign
societies of authors within the framework of conventions or agreements to be concluded with such
societies.
Chapter VII
Procedure and Sanctions
Article 63. All disputes arising from the application of the provisions of this Law which are within
the jurisdiction of the judiciary shall be submitted
to the competent courts, without prejudice to the
right of the injured party to institute criminal proceedings under the general rules of law.
Article 64. ANPAC may institute legal proceedings to defend the interests of the authors in their
stead.
A rticle 65. Any infringement of any of the moral
or economic rights defined in this Law shall constitute an offense punishable by the articles of the
Criminal Code penalizing infringement of literary
and artistic property.
Chapter V
Public Domain
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LAWS AND TREATIES
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_ " A-rticle 61. On the expiry of the terms of protec·-tion laid down in Article 60 above, the author's
lWorks shall·fall into the public domain.
.:' · The right of exploitation of works in the public
domain shall be exercised by ANPAC. Perfor·rn:ance, public -execution and reproduction of such
·.works shall require prior authorization issued by
-that b0dy. In the· case of a profit-making utilization, authorization shall be granted against payment of a fee ·calculated in aecordance with the general tatiffs·;:m d.·s.chedules in force.
Chapter VI
· · · · ; ~ Exercise of Copyright
Article 62. The protection and exploitation of
authors;, pghts ·as . defined in this Law shall be
entrusted 'io ANPAC.
' :tThat:l!ody; _to the exclusion of any other natural
or.~egah~erson;: shal1 be entitled to grant authoriza-
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Article 66. At the request of any author of a
work protected by this Law, of his successors in
title or of ANPAC, the examining magistrate investigating an action for infringement or the presiding
judge may, in all such cases, order:
-the seizure at any place of the copies already
manufactured or in the process of manufacture of
an unlawfully reproduced work;
-the seizure of revenue from any reproduction,
performance or diffusion made unlawfully of a protected work;
- the suspension of any manufacture or public
performance, in progress or announced, that constitutes infringement or an act preparatory to infringement ;
-any other measure deemed necessary.
The above provisions shall also apply in cases of
unauthorized exploitation of works constituting expressions of folklore or that have fallen into the
public domain.
Article 6 7. The distrainee or the garnishee may
request the magistrate who has ordered seizure to
end seizure or to limit its effects. The magistrate
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