LAW No. 94-036 of 18 SEPTEMBER 1995 on Literary and Artistic Property (J.O. 1 No. 2333 of 06.11.95, p. 3554) (English version * ) BOOK I Copyright TITLE ONE SUBJECT OF COPYRIGHT CHAPTER ONE The nature of copyright Article 1 – The author of an intellectual work shall enjoy in relation to it, by virtue of the mere fact of its creation, an exclusive incorporeal property right that is enforceable against all persons. This right embodies intellectual, moral and proprietary attributes, which are set out in Books I and III of this Code. The existence or signing of a contract for skill and labour or a service contract by the author of an intellectual work shall imply no exemption from the enjoyment of the right recognized in the first paragraph. Article 2 – The incorporeal property defined by the first article shall be independent of the ownership of the material object. None of the rights provided for in this Law shall be vested in the person acquiring this object, except in the cases referred to in the provisions of the second and third paragraphs of Article 56. These rights shall subsist in the person of the author or his successors in title who, however, cannot require the owner of the material object to make this object available for the exercise of said rights. Nonetheless, where manifest abuse by the owner prevents the exercise of the right of disclosure, a civil court may order any measure appropriate, in compliance with the provisions of Article 23. CHAPTER II The created work and protected works Article 3 – The work shall be deemed created, regardless of any public disclosure, by virtue of the mere fact that the author’s concept has been put into practice, if only incompletely. Article 4 – The provisions of this Law protect the rights of authors in all intellectual works, whatever their genre, form of expression, merit, medium or intended use. Article 5 – The following, in particular, are deemed to be intellectual works within the meaning of this Law: 1 * Translator’s Note: J.O. (Journal officiel) = Gazette. Courtesy translation provided by WIPO.

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