purpose involving its transformation or modification
with the authorization of the holder of the copyright.
without justification, publication may be undertaken
without his revision.
Article 48
Article 52
1. Where the assignee of the copyright in a
certain work that has already been disclosed
refuses to republish that work or to authorize
its republication, once the work is out of print,
any interested party may seek legal
authorization to republish it.
2. Authorization shall be granted on the condition
that it can be demonstrated that republication
of the work is in the public interest and that the
refusal was not based on admissible moral or
material grounds.
3. The owner of the copyright shall not be
deprived of that copyright and may undertake
or authorize future editions.
4. If the work goes out of print again, any
interested party may at any time seek legal
authorization to proceed with a new edition.
1. The author’s economic rights over all or part
of the intellectual works may be offered as
collateral against any debt or liability either of
the holder of those rights or those of a third
party. The offer of collateral provided for in
this article can only be carried out through an
authentic or authenticated written document.
2. In the case of a sale of collateral, disposal, to
be carried out under the terms of the process of
sale and award of the collateral, shall apply
specifically to the right or rights which the
debtor has pledged in respect of the work or
works indicated. Collateral established under
the terms of this article shall not attribute to
the creditor any rights concerning the existing
copies of the work with regard to which the
right was offered as collateral.
Article 53
Article 49
1. The process referred to in the previous article
shall be in conformity, in so far as possible,
with the provisions of Articles 1425 to 1427 of
the Code of Civil Procedure.
2. Appeals, which shall have suspensive effect,
against the decision, may be lodged with the
Court of Appeal, which shall issue a final
ruling..
3. If authorization is granted and the parties do
not agree on the amount which the rights
holder should receive as copyright, this
amount shall be set by the court, at the request
of either of the parties.
4. The court shall set the amount in such a way as
to compensate the winner for the legal costs
incurred.
An author’s economic rights in all or some of his
works may be the subject of seizure or attachment, any
auctions being carried out in accordance with the
provisions of Article 48 regarding the sale of
collateral.
Article 50
1. Unpublished manuscripts and unfinished
sketches, drawings, paintings or sculptures,
whether signed or not, shall be exempt from
seizure; the author may offer them as
collateral, under general terms.
2. If, however, the author should have revealed,
by unmistakable acts, his intention to disclose
and publish the works referred to in this
article, the creditor may effect seizure or
attachment over the copyright of the same.
Article 54
Article 51
Copyright may not be acquired once it has lapsed.
The seizure and attachment of copyright in a
determined work shall not deprive the author, in the
case of it being published at the instigation of the
bidder, of the right to revise the proofs and to correct
the work, nor shall they generally affect his moral
rights in relation to the work. However, if the author
should retain the proofs for longer than 30 days
SECTION VI
Moral Rights
Article 55
Independently of rights of an economic nature, and
even if those rights have been disposed of, the author
10