Article 124
1. Unless otherwise agreed, the authorization
given by the author or authors of a work
concerning its cinematographic production,
whether it has been specially created for this
form of expression or has been adapted, shall
not imply the granting of exclusive rights to
the body in receipt of authorization.
2. Where no specific clause exists to the contrary,
the exclusive rights granted for
cinematographic production shall lapse seven
years after conclusion of the corresponding
contract, without prejudice, however, to the
right of the party to whom the economic
exploitation of the film has been granted to
continue to screen it.
Article 125
Where the author or authors has/have specifically or
implicitly authorized the screening of the film, the
exercise of the economic exploitation rights for the
cinematographic work shall belong to the producer.
The producer shall be deemed to be the person or body
undertaking and organizing the production of the work,
taking technical and financial responsibility for the
complex task of the making of the film. The producer
shall be identified as such in the film.
Article 126
During the period of exploitation provided for in the
contract, unless the author or authors has/have
otherwise provided for the defense of his/their rights in
the cinematographic work, the producer shall be
deemed to be their representative for this purpose and
he shall be answerable to the author/authors
concerning the way in which he carries out his
mandate.
Article 127
1. The producer shall be free to have inserted into
the works used in the cinematographic creation
the modifications required by the demands of
the technique, in so far as they do not change
the essence of the work.
2. Where agreement is not reached between one
or some of the authors referred to in Article 17
and the producer on the need for modifications
or on specific modifications proposed by the
latter, the issue shall be definitively resolved
by three experts. One expert shall be
nominated by the author or authors of whom
the modification is requested, another by the
producer and the third by the judge responsible
damages from said body, without prejudice to
any potential criminal liability.
2. The organizers shall not be liable in instances
where performers respond to insistent requests
by the audience for the performance or recital
of works other than those referred to in the
program. In the event of the performance or
recital of works in the circumstances referred
to, payment of the corresponding copyright
may not be demanded from the organizing
body.
3. Regarding the verification referred to in
Article 109(6), interested parties may request
the intervention of any authority, and in
particular of the Inspectorate of
Entertainments.
CHAPTER IV
Use of Cinematographic Works
Article 122
1. The cinematographic production, with or
without sound, of any intellectual work created
for the cinema shall always depend on the
special authorization granted by the author or
authors or the successors to all or certain of
their rights. This authorization must be given
in writing and entitles the body which obtains
it to produce the negative for editing, and the
corresponding positives or copies under the
agreed conditions.
2. For a work which was not created for this form
of expression, its adaptation to film shall also
depend on the written authorization of the
author of the original work.
3. Unless otherwise provided for, authorization
for cinematographic production shall imply
authorization for the presentation of the film
by means of projection apparatus, as well as
for its economic exploitation by this means.
4. The beneficiary of authorization to screen the
film may distribute it, if he is authorized to do
so by the author or authors of the work.
Article 123
The text of the authorizations requested must include
in particular all the conditions under which the right to
produce, distribute or screen the cinematographic film
is granted. The contract for authorization of
cinematographic production shall be subject to the
provisions relating to publishing contracts, compliance
with which shall not be prejudiced by the particular
nature of this form of use of the work or by the special
precepts set out in this chapter.
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