page 13 Ownership of the Rights in Audiovisual Works Article 36 In the case of an audiovisual work, the first owners of the moral and economic rights shall be the joint authors of this work (such as the director, scriptwriter and music composer). The authors of pre-existing works adapted or used for audiovisual works shall be considered to have been assimilated to the joint authors. Unless otherwise stipulated, the contract concluded between the producer of an audiovisual work and the joint authors of this work—other than the authors of the musical works included therein—as regards the contributions of the joint authors to the production of this work shall transfer to the producer the economic rights of the joint authors in the contributions. However, unless otherwise stipulated in the contract, the joint authors shall retain their economic rights in other uses of their contributions insofar as these contributions can be used separately from the audiovisual work. Remuneration for the Joint Authors of an Audiovisual Work Article 37 Remuneration for the joint authors of an audiovisual work shall be determined according to the procedures for its use at the time the production contract is concluded or when the work is used. In cases where the audiovisual work has been disclosed in a place accessible to the public or has been communicated, irrespective of the means, in return for payment of a fee, or by means of hiring with a view to private use, the joint authors shall be entitled to remuneration, in proportion to the fees paid by the user. If the disclosure of the work is free of charge, the remuneration paid in this case shall be determined on the basis of a flat rate. The Moroccan Copyright Office shall determine the percentages of the proportional flat-rate remuneration, based on the procedures for use referred to in the first and second paragraphs above. Presumption of Ownership and Existence of Copyright Article 38 In civil, administrative or criminal proceedings, the person whose name is indicated in the usual manner as being the author, performer, producer of a phonogram or publisher, shall, in the absence of proof to the contrary, be considered to be the owner of the rights and shall therefore be entitled to institute legal proceedings. In the absence of proof to the contrary, the copyright or related rights shall exist for the work, performance or phonogram. In the case of an anonymous work, or a work created using a pseudonym—apart from where the pseudonym leaves no doubt as to the author’s identity—the publisher whose name appears on the work shall, in the absence of proof to the contrary, be considered to represent the author and, in this capacity, to be entitled to protect and ensure respect for the author’s rights. This paragraph shall cease to apply when the author discloses his identity and provides evidence of his capacity. 13