Article 60: The protection period of the material rights for a work published after the death of
the author shall be fifty (50) years from the end of the Gregorian year during which the work has
been legally published for the first time.
In the case where the work has not been published within fifty years of its accomplishment, the
50-year protection period shall be effective from the end of the Gregorian year during which the
work has been publicly circulated.
If the work has not been publicly circulated within fifty years from its accomplishment, the 50year protection period shall be effective from the end of the Gregorian year during which the
work has been accomplished.
Chapter Five
Rights Utilization
Article 61: The author’s material rights shall be assignable among survivors with or without
financial consideration subject to the provisions herein. These rights shall be transferred due to
death subject to the provisions herein and applicable legislation.
Article 62: The author’s rights shall be assigned under a written contract.
The contract shall be concluded, when necessary, by exchanging letters or telegraphs
determining the assigned material rights in accordance with Article 65 below.
Article 63: The approval to assigning the material rights of incompetent person shall be given in
accordance with the applicable legislation.
However, the minor may express his approval if he is judicious.
His guardian shall determine the contract execution methods.
Article 64: The author’s material rights shall be wholly or partially assignable.
The assignment contract shall identify the assigned rights nature and economic conditions, the
work utilization manner, rights assignability period and the territorial extent of work utilization.
Each assignment that does not set out the willingness of contracting parties in a field mentioned
in the above paragraph, except for the assignment territorial extent, shall be nullified upon a
request from the author or his representative.
The assignment shall be considered valid within the territorial area of the assignee activity
country, unless the assignment contract provides for the utilization territory only.
Article 65: The material rights assignment for consideration shall include a reward due to the
author originally calculated in proportion to the utilization revenues with maintaining a minimum
limit.
However the author’s due reward shall be arbitrarily calculated in the following cases:
- When the circumstances of work utilization do not allow the accurate determination of
revenues relative reward.
- When the work is a support of a larger work such as encyclopedias, selections, and dictionaries.
- When the work is a secondary element for a larger work such as introductions, prefaces and
comments or remarks and illustrative charts.