Federal Negarit Gazeta _ No. 55
19lh July. 2004
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2/ The rights enumerated in Sub-Article (I) of this
Article shall not be transmissible during the lifetime
of the author. The rights, however, shall be
transferred in accordance with the law to heirs or
legatees after the death ofthe author;
3/ The protection afforded by Sub-Article (l) of this
Article to the author of a work shall not be affected
by any right accruing to a sound recording producer
or broadcaster or a performer under this
Proclamation.
3/ The author or his heirs or legatees may waive any of
the moral-rights enumerated in Sub-Article (1) of
this Article in the following manner:
7. Economic Rights
II Subject to the provisions of Articles 9 to 19 of this
Proclamation the author or owner of a work shall
have the exclusive right to carry out or authorize the
following acts in relation to the work:
a)
a) reproduction of the work;
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b) translation of the work;
c) adaptation, arrangement Qf other transformation
of the work;
d) distribution of the original or a copy of the work
to the public by sale or rental;
e) importation of original or copies of the
work;
f) public display of the original or a copy of the
work;
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g) performance of the work;
h) broadcasting of the work;
i) other communication of the work to the public.
the waiver, shall be made in writhing clearly
specifying the right waived and the
circumstances in which the waiver applies,
b) the waiver specifies the nature and the extent of
modification or the action in respect of which
the right waived.
4/ Moral rights shall be enjoyed by heirs or legatees of
the author until the expiry of economic rights.
9. Reproduction for Personal Purposes
1/ Notwithstanding the provisions of Article 7 (IXa) of
this Proclamation, the owner of copyright cannot
forbid private reproduction, of a published work in a
single copy by a physical person exclusively for his
own personal purposes.
2/ The Provisions of Sub-Article (I) (d) of this Article
shall not apply to rental or public lending of computer
program except where the program is an essential
object ofthe rental or lending.
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2/ The provisions of Sub-Article (I) of this Article shall
not extend to reproduction;
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a) of a work of architecture in the form of a
building or other construction;
b) of musical work in the form of notation; or of
the original or a copy made and signed by the
author of a work of fine art.
c) of the whole or a substantial part of a database
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in digital form;
d) of a computer program except as provided in
Article 14 ofthis Proclamation; or
e) which would conflict with or unreasonable
harm the normal exploitation of the work or the
legitimate interest ofthe author.
3/ In case of original work of art or original manuscript
of a writer or a composer, the author or his heirs shall
have the inalienable right to have a share of the resell
price ofthe work subsequent to the first transfer of the
work by the author. The amount of the share as well as
the condition of entitlement shall be determined by the
regulation that may be issued under this Proclamation
8. Moral Rights
II The author of the work shall have the following
moral rights irrespective of whether or not he is
owner of economic rights;
1
a) to claim authorship of his work, except where
the work is included, incidentally or
accidentally, in reporting current events by
means of broadcasting;
b) to remain anonymous or to use a pseudonym;
and
c) to object any distortion, mutilation or other
alteration of his work, where such an act is or
would be prejudicial to his honor or reputation.
d) to publish his work.
19'"July. 2004...
10. Quotation
1/ Notwithstanding the Provisions ofArticle 7 (lXa) of
this. Proclamation, the owner of copyright cannot
forbid the reproduction or l1- 'quotation of a published
work. "
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2/ The quotation shall be compatible with fair practice
and does not exceed the extent justified by the
purpose.
3/ Where the quotation is taken from a source which
contains the name of the author, it shall indicate the
source and the name of the author.