judge shall issue a ruling, at the request of any
of the interested parties, having, in all cases,
heard the other parties, if there is no need to
send letters rogatory.
3. If, through the death of one of the participants
in the work of joint authorship, his inheritance
should fall into the hands of the State, the
copyright in the work as a whole shall remain
solely the property of the remaining authors or
their heirs or representatives.
4. Where a work of joint authorship is disclosed
or published solely in the name of one or
several of the authors, in the absence of any
explicit indication by all the coauthors in any
part of the work, it shall be presumed that the
undesignated authors have assigned their
rights to the author or authors in whose
name(s) the work has been disclosed or
published.
5. Any person who has simply assisted the author
in the production of the work, revising,
amending or updating it, or overseeing or
directing its publication or its presentation
through theatre, film, photography or audio or
visual broadcast, shall not be deemed to be a
coauthor and shall not, therefore, share in the
copyright in the work.
if the body which funded the work is a private,
notforprofit organization or a legal entity
under public law; nor may he make use of it in
any way prejudicial to the authorized edition
or editions.
6. The provisions of paragraphs 3 and 4 shall not
apply if something else is otherwise expressly
agreed or arises from the terms or conditions
of the agreement.
Article 9
1. If it is expressly agreed or arises from the
terms or circumstances of the agreement that
copyright belongs to the entity which funded
or published the work, the creator may not
claim anything other than the remuneration set
or the actual fact of publication.
2. Where the name of the creator of the work is
not mentioned or is not shown in the place
chosen for that effect, it shall be deemed that
the copyright actually remains the property of
the entity referred to.
Article 10
An intellectual work that has been created by a number
of persons shall be designated a work of joint
authorship, whether it is possible or not to distinguish
their individual contributions when it has been
disclosed or published in the names of some or all of
the coauthors. Works organized on the initiative of a
single or collective undertaking and disclosed or
published in that undertaking’s name shall be
designated collective works.
Article 12
, Any of the authors of the work of joint authorship
may individually exercise his rights related to his
individual contribution on the condition that such
action does not prejudice the exploitation in common
of the work
Article 11
Article 13
1. Copyright for a work of joint authorship as a
whole shall be granted to all those who
collaborated therein. It shall fall upon all the
coauthors to exercise jointly the right
concerning the whole work. That exercise
shall be governed by the principles concerning
common ownership. Unless otherwise
stipulated, always in writing, the undivided
parts belonging to the coauthors of the work
of joint authorship shall be deemed to be of
equal value.
2. If the authors of a work of joint authorship do
not agree on the way of exercising the rights to
that work, the opinion of the majority shall
prevail. If no majority opinion is achieved, a
1. Copyright in a collective work shall belong to
the single or collective undertaking that
organized and directed its creation and in
whose name the work was disclosed or
published.
2. If, however, it is possible to distinguish the
individual contributions of some or all of the
authors to a collective work, the provisions on
individual contributions to work of joint
authorships cited above shall apply.
3. Newspapers and other similar periodicals shall
be deemed to be collective works and the
copyright therein shall belong to the respective
enterprises.
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