Article 193
Any person granted an authorization to use or exploit a
work who exceeds the limitations of said authorization
shall be guilty of misappropriation to the extent that
the use or exploitation exceeds the limits of the
authorization granted.
Article 194
The following shall also be deemed to fall into the
category of misappropriation:
(a) transcriptions or summaries of extracts of the
works of others which amount to violations of
the limits set out in Article 185 of this Law;
(b) compilations or collections of various poems
or various extracts of the prose of an author,
whether published by the author, or
unpublished, without the necessary
authorization.
Article 195
Failure to meet the legal requirement to present the
written authorization of the author shall mean
presumption of fraud, which in the meantime may be
rebutted by any means admissible at trial.
Article 196
The following shall not constitute counterfeiting:
1. any resemblance between duly authorized
translations of the same work, or between
photographs, drawings, engravings or other
forms of representation of the same object,
where, despite the similarities due to the
identity of the object itself, each of the works
has its own specificity;
2. any reproduction by photography or engraving
made solely for the purposes of illustrating
criticism of art.
Article 197
1. Should they not constitute a crime punishable
by a more severe penalty under the Penal Code
or any other law, the misappropriation and
counterfeiting referred to in the preceding
articles shall be public offences, punishable by
imprisonment of up to one year and a
corresponding fine, which shall be doubled in
the event of recidivism.
2. Where the unlawful economic exploitation
involves a work not intended for public
display, a counterfeit work or one which is
modified without the author’s consent in a way
that alters its nature or is liable to offend the
2. Failure to register acts subject to registration
shall not prevent those acts from having
effects between the parties or their successors
or representatives; however with third parties
those effects shall only come into force from
the date of registration.
3. The existing rules on registration which do not
contradict the provisions of this Code shall
remain in force.
TITLE V
Infringement and Protection of Copyright
CHAPTER I
Protection of economic rights
SECTION I
Penal sanctions and compensation for loss and
damages
Article 190
Any person who, without the due authorization of the
author, uses or exploits another’s work in any of the
forms provided for in this Law, shall be liable for the
penalties contained therein and shall, in addition, have
civil liability for the prejudice he may cause.
Article 191
1. The misappropriation referred to in the
preceding paragraph shall be viewed as being
on a par with counterfeiting and the
presentation by an individual, as his own
creation, of what is in fact a reproduction, in
whole or in part, of another’s disclosed or
undisclosed work shall be deemed to be
counterfeiting for the purposes of this Law..
2. Where the reproduction referred to in this
Article represents just a part or a fraction of
the work produced, only that part of the work
shall be deemed to be counterfeit.
3. For there to be counterfeiting, it is not
essential for the reproduction to have been
made by the same process as the original, in
the same size or format.
Article 192
Under the terms of Article 190 the fact that a person
abusively discloses a work not yet disclosed by its
author or by the holder of the corresponding right shall
be deemed to be misappropriation, even if he presents
it as the work of the true author, and even if no
economic advantage is sought through the disclosure.
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