1. An author who has disposed of an original
work of art or an original manuscript or the
copyright in an intellectual work shall have the
right to a share in the increase in their value,
provided that they have been sold on and the
vendor has benefitted from a substantial
increase in the price. This right may not be
renounced and shall be inalienable.
2. The share shall consist of a percentage of the
increase in price obtained, which shall be of 10
per cent on sales of up to 10,000$ and 20 per
cent for sales above that figure.
3. The provisions of this Article shall not apply if
the increase in price provided for therein is
merely the result of currency devaluation.
of the intellectual work shall throughout his lifetime
enjoy the right to claim authorship of his work and to
ensure its integrity by opposing the distortion,
mutilation or other modification thereof and, in
general, opposing any act which denatures the work
and is liable to be prejudicial to his honor and
reputation.
Article 56
Where a work is executed according to a design drawn
up by an architect, approved by the proprietor of the
work, should the proprietor, either during the
execution of the work or following its completion,
introduce any alterations without the consent of the
project’s author, the latter may repudiate authorship of
the modified work and the proprietor shall be
prohibited from invoking, for his own benefit, the
name of the author of the initial project.
Article 60
1. Where an author, who has disposed of the
right to exploit a given intellectual work in
return for payment suffers significant
prejudice due to insufficient forecast of the
probable profits of that exploitation, the
proceeds he receives being clearly
disproportionate to the profits earned by the
acquirer of those rights, he may claim
additional compensation. This compensation
shall be set by a judge, following expert
evaluation of the results of the exploitation.
2. This compensation may only be demanded if
disposal was carried out for a fixed sum, paid
in one single installment or in periodic
installments, or, in the event that the author's
remuneration is in the form of a share in the
profits from the exploitation if this share was
not established in accordance with the
customary methods for transactions of this
nature.
3. When assessing the damages claimed by the
author, the normal results of exploitation of the
whole of the author’s works shall be taken into
account. The judge may order any measures
he sees fit in the interests of a fair decision.
Article 57
1. The right referred to in Article 55 shall be
inalienable and imprescriptible, but following
the death of the author the right to exercise it,
if it has not fallen into the public domain, it
shall pass to his heirs and representatives.
2. The defense of the integrity and authenticity of
a work which has fallen into the public domain
shall fall to the State, which shall exercise it
through suitable cultural institutions.
SECTION VII
Right of withdrawal and resale right
Article 58
1. The author of an intellectual work that has
already been disclosed in any form may, at any
time, withdraw it from circulation and have its
exploitation halted, recalling all copies of the
edition, suspending authorization for its
representation or performance or preventing its
use in any other way, provided he compensates
the interested parties for the prejudice caused.
2. In the absence of agreement on the existence
of prejudice or on the amount due as a result of
prejudice, the matter shall be decided by the
competent judge, the amount of damages to be
paid being set through arbitration.
TITLE II
Use of Intellectual Works
CHAPTER I
General Provisions
Article 59
Article 61
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