Article 38: Scope of Assignments and Licensing
(1) The assignment of economic rights and licenses to carry out acts concerned by economic
rights may be limited to certain specific rights as also with respect to the aims, duration,
territorial applicability and scope or to the means of exploitation.
(2) Failure to mention the territorial applicability for which the economic rights are assigned or
the licenses are granted to carry out acts concerned by economic rights shall be deemed to
limit the assignment or the license to the country in which the assignment has been made or
the license has been granted.
(3) Failure to mention the scope or the means of exploitation for which the economic rights
have been assigned or the license has been granted to carry out acts concerned by
economic rights shall be deemed to limit the assignment or license to the scope and means
of exploitation necessary for the aims referred to when making the assignment or granting
the license.
Article 39: Sale of Originals or Copies of Works and Assignment and Licensing
of Copyright in Such Works
(1) An author who transfers the original or a copy of his work by sale shall be deemed,
unless stipulated to the contrary in the contract, to have assigned none of his economic
rights nor to have granted a license for carrying out the acts concerned by the economic
rights.
(2) Notwithstanding paragraph (1), the legitimate acquirer of an original or of a copy of a
work, unless otherwise stipulated in the contract, shall enjoy the right of presentation of such
original or copy directly to the public.
(3) The right under paragraph (2) shall not extend to persons who have obtained possession
of originals or copies of a work by means of rental, public loan or any other means, without
having acquired ownership of them.
PART TWO: RIGHTS OF PERFORMERS, PRODUCERS OF PHONOGRAMS AND
BROADCASTING ORGANIZATIONS (RELATED RIGHTS)
Chapter I - Introductory Provisions
Article 40: Definitions
(1) The following terms and their alternatives as used in this part of the Decree shall have the
following meanings:
(i) “Performers” means the actors, singers, musicians, dancers and other persons who
perform, sing, recite, deliver, play in or otherwise perform literary or artistic works.
(ii) “Copy of a phonogram” means any material medium containing sounds reproduced
directly or indirectly from a phonogram and which incorporate all or a substantial part of the
sounds fixed on such phonogram.
(iii) “Fixation” means the incorporation of sounds, images or of sounds and images in a
material medium that is sufficiently permanent or stable to permit their perception,
reproduction or communication in any manner whatsoever during a period of time that is
more than provisional.
(iv) “Phonogram” means any exclusively sound fixation of sounds from a performance or of
other sounds.
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