2. Concerning contracts through which the
author, or the successors to all or certain of his
rights, transfer only some of the rights
included in copyright or authorize third parties
to use the work by any means of use, written
proof shall be sufficient. The contract shall,
however, specify the rights to be transferred or
the form of use authorized, as well as the
conditions governing the exercise of such
rights or the use authorized, in particular with
regard to the duration and place, and if
disposal is carried out in return for payment,
the details regarding the price or remuneration.
is carried out in generic terms or with the powers
transferred being specified.
Article 40
1. Simple authorization, granted to a third party,
by the author or another holder of the
respective right, to exploit the intellectual
work in any way shall not imply total or partial
transfer of copyright.
2. This authorization may only be granted in
writing, on pain of nullity. Unless expressly
agreed otherwise, the granting shall not imply
exclusive rights and shall be deemed to be
subject to payment.
Article 45
Article 41
1. In contracts concerning the transfer of
copyright or the authorization of use of the
work in which general indication of the subject
of the contract is given, the acquirer may only
exercise the rights acquired or use the work
under the terms of and in accordance with
legislation existing at the time of the contract,
unless the contract contains a clause expressly
stating that the acquirer reserves the right to
use the work in any new form not foreseeable
at the time of the signing of the contract.
2. This provision shall be immediately applicable
to acts of disposal or authorization concluded
prior to the date of entry into force of this law.
Where the author has partially or wholly revised his
work and carried out or authorized a form of disclosure
ne varietur, his heirs may not reproduce the previous
versions.
Article 42
1. Where copyright forms part of an estate
declared by the State to be vacant, it shall be
exempt from the liquidation established under
Article 1133(2) of the Civil Code, although the
principle established under paragraph 3 of the
same Article shall remain applicable.
2. Where the State has not directly used or
authorized use of the work by third parties
upon the expiry of a period of ten years
following the date on which the inheritance
was declared vacant, the work shall fall into
the public domain.
Article 46
1. Disposal of copyright in future works may
only apply to works produced by the author
within a maximum period of ten years. Where
the contract concerns copyright in works
produced by the author over a longer period,
its effects shall be limited to works effectively
produced within a period of ten years, with the
remuneration provided for being reduced
accordingly.
2. Any contract providing for the disposal of
copyright in any future works produced by the
author shall be null and void, without any time
limit.
Article 43
In all matrimonial regimes with community property,
the economic rights of the married author over his
intellectual works shall be deemed to be his own
assets, unless otherwise stipulated in a prenuptial
agreement, with only the income from the exploitation
of the work being shared.
Article 44
Article 47
1. On pain of nullity, a public deed must be
drawn up regarding contracts for total disposal
of copyright relating to one or more
intellectual works.
Copyright may be the subject of legal or voluntary
usufruct. Unless otherwise specified, the usufructuary
may only use the work the subject of usufruct for any
9