(2) Except as otherwise provided, the contract concluded between the producer of an
audiovisual work and the joint authors of such work, other than the authors of musical works
included therein, shall, as regards the contributions of the joint authors to the making of this
work, imply assignment to the producer of the economic rights of the joint authors in their
contributions. However, the joint authors shall maintain, unless otherwise agreed in the
contract, their economic rights in other uses of their contributions to the extent that such
contributions may be used separately from the audiovisual work.
Article 33: Presumption of Ownership: Authors
(1) In order for the author of a work to be deemed such, in the absence of proof to the
contrary, and consequently be entitled to institute proceedings, it shall suffice for his name to
appear on the work in the usual manner.
(2) In the case of an anonymous work or of a pseudonymous work, except where the
pseudonym leaves no doubt as to the identity of the author, the publisher whose name
appears on the work shall be deemed, in the absence of proof to the contrary, to represent
the author in that capacity and to be entitled to protect and ensure compliance with the rights
of the author. This paragraph shall cease to apply when the author reveals his identity and
affirms his authorship of the work.
Article 34: Presumption of Ownership: Producers of Audiovisual Works
The natural or legal person whose name is appropriately indicated on an audiovisual work as
being the producer shall be deemed, in the absence of proof to the contrary, to be the
producer of that work.
Chapter VII: Assignment of Rights and Licensing
Article 35: Assignment of Rights
(1) Economic rights shall be assignable by transfer intra vivos and by testament or by the
effect of law by reason of death.
(2) Moral rights shall not be assignable by transfer intra vivos but may be assigned by
testament or by the effect of law by reason of death.
Article 36: Licenses
(1) The author of a work may grant licenses to other persons to carry out acts covered by his
economic rights. Such licenses may be non-exclusive or exclusive.
(2) A non-exclusive license shall entitle its holder to perform, in the manner authorized to
him, the acts that it concerns at the same time as the author and other holders of nonexclusive licenses.
(3) An exclusive license shall entitle its holder, to the exclusion of any other person, including
the author, to carry out, in the manner authorized to him, the acts that it concerns.
(4) No license may be deemed an exclusive license unless expressly stipulated in the
contract between the author and the holder of the license.
Article 37: Form of Assignment and Licensing Contracts
Unless the regulations in force provide otherwise, Contracts for the assignment of economic
rights or the grant of licenses to carry out the acts concerned by the economic rights shall be
concluded in writing.
11