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.

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