200 COPYRIGHT - JUNE 1981 or under circumstances that might be prejudicial to his honor or reputation. The rights conferred on the author by the fore­ going paragraphs are perpeuual, inalienab1e and im­ prescriptible. (b) Economic Rights The author shall enjoy the exclusive right to exploit his work in any form and to derive monetary benefit therefrom. He shall in. particular have the exclusive right to perform or authorize any one of the following acts: (i) reproduction of the work in any material form, including cinematograph films and sound re­ cordings, by all processes that allow it to be indirectly communicated to the public; (ii) performance or ·recitation of the work in public, by any means or process, including sound or visual broadcasting; (iii) communication of the broadcast work to the public by wire, loudspeaker or any other pro­ cess or means for the transmission of sounds or images; (iv) translation, adaptation, arrangement or any other transformation of the work. For the purposes of this Article, "work" means the work either in its original form or in any form derived from the original. None of these acts may be performed by a third party without the formal written authorization of the author. Any reproduction or performance, in whole or in part, made without the authorization of the author or his successors in title shall be unlawful. The same shall apply to translation, adaptation, arrangement and transformation. Article 4. The author of the work is the person who created it. The work shall be considered created, independently of any public disclosure, by virtue of the mere fact of the author's conception being real­ ized, even incompletely. In the absence of proof to the contrary, author­ ship shall belong to the person or persons under whose name the work is disclosed. Subject to Article 23 below, copyright, even in a work made under a contract to make a work or an employment contract, shall belong in the first in­ stance to the author. However, (a) when the work is produced by officials of the administration in the course of their duties, the economic rights deriving from the disclosure of the work may be distributed according to the internal rules of the administration that employs them; (b) the economic rights deriving from the disclo­ sure of the works of students or trainees of a school or art establishment may be distributed according to the internal rules of the school or establishment. Article 5. "Original work" means a work which, in its characteristics and form, -or in its form alone, allows its author to be identified. "Work of joint authorship" means a work result­ ing from joint contributions on the part of two or more authors, iTrespective of whether the work is an indivisible whole or made up of rpatts having the character of independent creations. "Composite work" means a new work in which a pre-existing work is incorporated without the colla­ boration of the author of the latter. "Collective work" means a work created on the initiative of a natural person or legal entity who or which discloses it and publishes it under his or its name, in which the personal ·contributions of the various authors who participated in its creation merge in the whole for which they were made, in such a way that it is not possible to attribute to each co­ author a separate right in the whole thus completed. "Posthumous work" means a work made accessi­ ble to the public after the death of its author. Article 6. A work of joint authorship shall belong jointly to all the co-authors. The co-authors shall exercise their rights by common consent, failing which the court shall decide. Where the contribution of each of the co-authors is of a different type, each co-author may, unless otherwise agreed, exploit his personal contribution separately, provided however that this does not prejudice the exploitation of the joint work. A composite work shall be1ong to the author who made it, subject to the rights of the author of the pre-existing work. A collective work shall belong to the natural person or legal entity who or which initiated its creation and disclosed it. Article 7. The authors of pseudonymous and anonymous works shall enjoy the rights specified in Article 3 in relation to their works. They shall be represented in the exercice of those rights by the original editor or publisher until such time as they disclose their identity and prove ·their authorship. The declaration provided for in the preceding paragraph may be made by will; however, any rights that may have been previously acquired by third parties shall be maintained. The provisions of the second and third para­ graphs above shall not be applicable where the pseud­ onym adopted by the author leaves no doubt as to his identity. _ Article 8. The authors of translations, adapta­ tions, transforma1Jions or arrangements of ,intellectual works shall enjoy the protection afforded by this Law

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