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declared, the author and co-authors may request the rescission of the contract for
audiovisual production.
SECTION IV
Advertising contract
Article 98 – In the case of a commissioned work contract used for advertising, save
as otherwise provided the agreement between the producer and the author shall
involve the assignment to the producer of the exploitation rights in the work, provided
this contract specifies the separate remuneration payable for each form of
exploitation of the work, in particular on the basis of the geographical area, the period
of exploitation, the size of the print run and the nature of the medium.
BOOK II
RIGHTS RELATED TO COPYRIGHT
SINGLE TITLE
CHAPTER ONE
General Provisions
Article 99 – Related rights shall not interfere with authors’ rights. Consequently, no
provision in this title may be construed in such a way as to limit the exercise of
copyright by copyright-holders.
Article 100 – In the absence of a person with an interest in instituting proceedings,
the Minister for Culture and Communication may refer a case to the judicial
authorities, in particular where there is no known successor in title or in the event of
vacant succession or escheat.
CHAPTER II
Performers’ rights
Article 101 – To the exclusion of supporting performers regarded as such in
professional practice, performers shall be authors, singers, musicians, dancers and
other persons who present, sing, recite, declaim, act or in any other way perform
literary or artistic works, a puppet show or expressions of folklore.
Article 102 – A performer is entitled to respect for his name, his occupation and his
performance.
This inalienable and indefeasible right shall belong to him personally. It is
transferable to his heirs for the protection of the performance and of the memory of
the deceased.
Article 103 – Written authorization from the performer is required for the fixation,
reproduction and communication to the public of his performance, and for any
separate use of the sound and image of the performance, where they have been
fixed, and for the distribution to the public by sale or any other transfer of property or
by rental or public lending. Except with regard to a lending right, Article 38(2) and (3)