2. In the case of adaptation of a work not
specifically created for the cinema, the author
of the adaptation shall also be deemed to be
coauthor of the cinematographic work.
4. Cinematographic works shall not be deemed to
be collective works.
Article 14
A work incorporating a preexisting work with the
consent, but without the collaboration of its author,
shall be deemed to be a composite work. The rights
pertaining to a composite work shall belong
exclusively to its author, without prejudice to the rights
of the author of the preexisting work to that work.
Article 18
The rights of persons who collaborate in the
production of the film, in addition to those referred to
in the previous article, merely result from the service
contract, except for the protection which, in general
terms, shall cover intellectual works of their authorship
if they are useable independently of the film.
Article 15
1. The authors of text, music or artistic
compositions that are broadcast shall be
deemed to be the authors of the audio or visual
broadcast works.
2. The natural or legal persons who take part as
performers, producers and technical agents in
the broadcast of the work, or who promote the
work, shall not be able to claim any right
contained in the copyright relating to the work,
without prejudice to agreed remuneration,
namely on a percentage basis.
3. Broadcast works shall mean those works
created for the specific purposes of audio or
visual broadcasting, as well as adaptations for
audiovisual purposes of works originally
created for other uses.
4. The adaptation referred to in the previous
paragraph can only be carried out by the
author of the preexisting work, or by another
person with his authorization.
Article 19
The cinematographic subject matter, as well as its
cinematographic production and adaptation, shall be
deemed to be principal works, and dialogues, words
and music shall be considered to be accessory works.
The creation of the latter shall be dependent on the
written authorization of the authors of the former, who
shall approve the choice of authors of accessory works
and the respective productions.
SECTION III
Ways of identifying the author – Literary or
Artistic Names
Article 20
Unless proven otherwise, the natural or legal person
whose name is indicated in the intellectual work as
being the author, in accordance with general practice,
or who is declared to be the author during a
representation, recital, performance or any other use of
the work shall be deemed to be so and shall be able to
exercise all the rights inherent in this quality.
Article 16
The authors of recorded text or music shall be deemed
to be the authors of phonographic works. The
performers, technical agents or producers of a
phonographic work may not claim any copyright in
relation to the work without prejudice to agreed
remuneration, namely on a percentage basis.
Article 21
1. The author may indicate his authorship either
by using his own name in full or in part, his
initials, a pseudonym, or any other
conventional symbol; these forms of
designation of the author shall be equated to
the name, provided that they are well known
as the designation of a certain author.
2. The name or pseudonym which the author
adopts for this purpose, and which is called a
literary or artistic name, must be completely
distinct from those previously used by any
Article 17
1. The following persons shall be deemed to be
the coauthors of collaborative
cinematographic works:
(a) the author of the literary, musical or
literarymusical plot or theme;
(b) the director.
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