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CHAPTER VII
Transfer of Rights and Licenses
Transfer of Rights
Article 39
Economic rights shall be transferable between living people and by effect of the law
as a result of death.
Moral rights shall not be transferable between living people but by effect of the law as a
result of death.
The complete or partial transfer of the copyright in a work inspired by folklore, or the
exclusive license relating to such a work, shall be valid only if it has received the approval of
the Moroccan Copyright Office.
The global transfer of future works shall be null and void.
Licenses
Article 40
The author of a work may grant licenses to other persons for the purpose of acts covered by
his economic rights. These licenses may be exclusive or non-exclusive.
A non-exclusive license shall authorize its owner to carry out, in the permitted manner, the
acts to which it relates at the same time as the author and other owners of non-exclusive
licenses. An exclusive license shall authorize its owner, to the exclusion of all others
including the author, to carry out, in the permitted manner, the acts to which it relates.
Form of Transfer and License Contracts
Article 41
Unless otherwise specified, the economic rights transfer or license contracts for the
performance of the acts covered by the economic rights shall be drawn up in writing.
Extension of Transfers and Licenses
Article 42
Transfers of economic rights and licenses for the performance of acts covered by such rights
may be limited to certain specific rights, as well as in relation to the aims, duration, territorial
scope and extent or means of use.
The failure to mention the territorial scope for which economic rights are transferred or the
license granted to carry out acts covered by such rights shall be considered to limit the
transfer or license to the country in which either one or the other is granted.
The failure to mention the scope or means of use for which economic rights are transferred
or the license granted for the performance of acts covered by economic rights shall be
considered to limit the transfer or license to the scope and means of use necessary for the
aims envisaged at the time the transfer or license is granted.
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