The author of the literary component of a work shall have the exclusive right to publish his own Part. He may not, however, use this component at the basis of another similar work, unless otherwise agreed in writing by the co-authors. Article 36 Co-authorship of an audio-visual work includes the following: 1. The author of the scenario or the written idea; 2. The author of the dialogue; 3. The editor of the existing literary work, adapting it to the audio-visual work; 4. The composer of the music that has been especially composed for the audio-visual work; 5. The producer, if he exercises effective control and provides positive intellectual input to the realization of the work in all its aspects. Where the audio-visual work is adapted or extracted from another previous work, the author of the previous work shall be considered as a co-author of the new work. His or her name shall be explicitly mentioned with regard to the adaptation or extraction. Article 37 Where any of the co-authors of an audio-visual work fails to complete his or her assigned role, the remaining co-authors shall not be prevented from using the Part already accomplished notwithstanding his rights as a co-author if his failure to complete the work was justifiable. Where his or her failure was of his or her own free will, without justifiable reasons, he or she shall be deprived of any rights that may accrue to him or her by virtue of the Part he or she has accomplished. Article 38 Where the authors of a literary text, scenario and dialogue, and the producer and music composer collectively create an audio-visual work, none of them shall have the right to prevent the production or display of such work, without prejudice to the moral and financial rights of the dissenting party or parties. The author of the literary or musical component of a work may publish his or her work by means other than film, theatre, radio or television, unless otherwise agreed in writing with the other Parties to the work. Article 39 The producer shall always be considered the publisher of a work. During the period of exploitation of the work the producer shall act on behalf of the coauthors and their successors with regard to the terms of the display and exploitation of the work, without prejudice to the rights of the author in their works by other means, unless otherwise agreed to the contrary. Part 8 Neighbouring Rights Chapter One Rights of Performers Article 40 1. Performers shall enjoy the following rights: a Moral rights which will consist of the following: