FederalNegaritGazeta - No. 5S 19*July'2004 Page
3/ Where the work is a collective work, the person
at whose initiative and under whose direction
the work has been created shall be the' original
owner of the rights:
4/
5/
PART FOUR
ASSIGNMENT AND LICENSING OF ECONOMIC
RIGHT
23.
Where the work is a work created by an author
employed .or Commissioned by a person in the
course of his employment or contract ,of service,
unless agreed otherwise, the original'owner of the
rights shall. be the employer or the person who
commissioned the work.
'
Where the work is an audiovisual work:
1/ Economic rights may be assigned or licensed
in whole or in part.
2/
a) the producer shall be the owner of the
economic rights. . However, the script writer,
Director, Cameraman, lyricist, composer and
other authors thereof shalt enjoy the right of
authorship in the work, and have the right to
receive remuneration pursuant to contract
conclude~ with the producer.
6/ Notwithstanding the provisions of Sub-Article (5) of
this Article, the co-authors of the audiovisual work
and the authors of the pre-existing works included
in, or adapted for the making of the audiovisual
work shall "maintain their rights .in their
contributions or pre-existing works, respectively, to
the extent those contributions or pre-existing work
can be subject of acts covered by their economic
rights separately from the audiovisual work.
22. Presumption of Authorship and Representation the
Author
II Without prejudice to any proof to the contrary, the
person in whose name the work was published
shall be deemed to be the author thereof.
2/ The author may claim the benefit of the
presumption of the preceding Sub Article
notwithstanding that' he' used a pseudonym,
provided that there is' no doubt as to his
identity.
3/ Without prejudice to Sub-Articles (I) and (2) of
this Article, the publisher whose name appears on
the work shall, in the absence of proof to the
contrary, be presumed to represent the author and,
in this capacity, shall be entitled to exercise and
enforce the moral and economic rights of the
author. This presumption shall cease to apply
when the author reveals his identity.
Any assignment of an economic right, and
any license to do an act subject to
authorization by the author or other owner of
copyright, shall be made in writing.
3/ Any assignment or licensing of economic
rights shall not be deemed to include
assignment or license of any other right not
explicitly refereed therein.
24.
b) the authors of the screenpiay, musical works
and other works that are incofporated in an
audiovisual work and can be exploited
separately shall be entitled to exercise' their
copyright independently.
Assignment and License of rights
Scope of assignment or license
1/ The scope of assignment or license shall be
limited to the use or exploitation of the
economic rights specified in the agreement.
2/ The right of a copyright owner or the assignment
or licensing of economic rights shall not extend to
the ownership of the material object that
constitutes the protected work.
3/ Where an agreement for the assignment or
licensing of specific economic right fails to
specify the time for which the assignment or
license shall operate, the assignment or
license shall terminate after 10 or 5 years
respectively.
4/ Where an agreement for the assignment or license
of specific economic rights, under Sub Article (2)
of this Article, fails to explicitly provide the ways
and means of use or' exploitation of the right; the
assignee or licensee shall be 'entitled to exploit the
right by such ways and means as are necessary for
the purpose envisaged by the parties.
25. Non-use of economic rights
11 Subject to the provision of Sub Article (2) of this
Article, where a person to whom an economic
right in a work has been assigned, or an exclusive
licensee does not exercise his right or does so
only inadequately, and authors legitimate interest
are prejudiced by such failure, the author may
revoke the assignment or exclusive license.