A tticlc 43. In the case of a work created by an
author for a natural person or legal entity, private or
public, under a contract of service in the course of his
employment or of a work commissioned from the
author by such person or entity, the copyright shall
belong originally to the author, unless otherwise
stipulated in writing in the contract. In the case of a
three-dimensional work or of a commissioned portrait in painting, photography or any other medium,
the author shall not have the right to exploit the work
or the portrait by any means whatsoever without the
express authorization of the person who has commissioned the work. In the event of evident abuse by the
owner preventing exercise of the right of disclosure,
the competent court may, at the request of the
authors or of their successors in title or of the Ministry responsible for culture, order any appropriate
measure. Where the work has been produced by
students or trainees at a school or an artistic establishment, the proceeds deriving from disclosure
of the work may be distributed in accordance with
the special rules of that school or establishment.
CHAPTER 7
Transfer of Authors' Rights
Article 44. The rights referred to in Article 28
shall be transferable in whole or in part.
Transfer, other than by operation of law, of any
right referred to in Article 28 shall be in writing.
Transfer, in whole or in part, of any right referred
to in Article 28 shall not imply the transfer of any of
the other rights.
Where a contract requires the total transfer of
one of the rights referred to in Article 28, its scope
shall be limited to the uses set out in the contract.
The transfer of ownership of the sole copy or of one
or more copies of a work shall not imply the transfer
of the copyright in the work. The total assignment of
future works shall be void, except in the case of
assignment by the author to a professional body of
authors.
A rticle 45. Transfer against payment shall comprise, to the benefit of the author, a proportional
share in the revenue of all kinds deriving from sale or
exploitation, whereby there shall be a guaranteed
munmurn. However, the author's remuneration may
be evaluated arbitrarily in the following cases:
(i) the basis for calculating the proportional share
cannot be determined in practice;
(ii) the means of verifying the application of the
share is lacking;
(iii) the nature and terms of exploitation make it
impossible to apply the rule of proportional
rem uneration.
Article 46. Except as otherwise provided in this
Law, a work may not be exploited without prior
formal authorization in writing from the author or his
successors in title.
Any full or partial performance made without the
authorization referred to in the preceding paragraph
shall be unlawful; the same is valid for the translation, arrangement, transformation or reproduction
by any art or means.
A rticlc 47. Unless otherwise provided, authorization for sound or television broadcasting shall cover
all free communications, whether sound or television,
made by the broadcasting organization using its own
technical and artistic means, under its own responsibility.
In accordance with Article 28, such authorization
shall not apply to communications made in public
places such as cafes, restaurants, hotels, night clubs,
church clubs, various shops, cultural centers or socalled private clubs, for which authorization must be
requested.
A rticlc 48. Reproduction by means of the sound
or, simply, visual recording on physical mediums of
protected works within the meaning of this Law,
intendecl for strict personal and private use in accordance with Article 33, shall entitle the author to
remuneration whose amount shall be proportional to
the revenue from the sales on the national territory of
blank mediums. The remuneration shall be calculated
as a percentage of the selling price, including all
taxation, of such blank physical mediums, and shall
be payable to the professional body of authors referred to in Article 69; their use shall be the subject of
an assignment authorizing the reproduction of protectecl works under the conditions and within the
limits set out by this Law; the amount of such
remuneration shall be deducted from the price of
such assignment.