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required for archive purposes and in order to replace the lawfully held copy in cases
where the work appears to have been lost, destroyed or rendered unusable.
Article 24:
In derogation of the author’s rights, a broadcasting organization may, without authorization
and without payment of a separate fee, make a temporary recording, by its own means and for
its own broadcasts, of a work which it has the right to broadcast. The broadcasting
organization shall destroy this recording within six months of it being produced, unless an
agreement on a longer period has been reached with the author of the work thus recorded.
However, without such an agreement a single copy of this recording may be kept solely for
archive storage purposes.
Article 25:
In derogation of the author’s rights, reproducing, broadcasting or communicating to the public
by cable an image of a work of architecture, a work of fine art, a photographic work or a work
of applied art which is permanently located in a place open to the public shall be permitted,
except where the image of the work is the main subject of such reproduction or
communication and where it is used for commercial purposes.
CHAPTER V – OWNERSHIP OF RIGHTS
Article 26:
The author of a work shall be the original owner of the moral and economic rights in his
work.
Authorship shall belong, in the absence of proof to the contrary, to the person or persons
under whose name or names the work is disclosed.
In the case of an anonymous or pseudonymous work, except where the pseudonym leaves no
room for doubt as to the identity of the author, the publisher whose name appears on the work
shall, in the absence of proof to the contrary, be deemed to represent the author and, in this
capacity he shall be entitled to protect and enforce the author's rights. This provision shall
cease to apply when the author reveals his identity and establishes his claim to authorship of
the work.
Article 27:
The co-authors of a collaborative work shall be the original owners of the moral and
economic rights in this work. They shall exercise their rights by common agreement; in the
event of a dispute, the competent court shall pronounce a decision.
Where the contribution of the co-authors is of different kinds, each may, unless otherwise
agreed, exploit separately his own personal contribution without, however, prejudicing the
exploitation of the joint work.
Article 28:
The original owner of the moral and economic rights of a collective work shall be the natural
or legal person at whose initiative and under whose responsibility the said work was created
and the name under which it was published.