FederalNegaritGazeta - No. 5S 19*July'2004 Page 3/ Where the work is a collective work, the person at whose initiative and under whose direction the work has been created shall be the' original owner of the rights: 4/ 5/ PART FOUR ASSIGNMENT AND LICENSING OF ECONOMIC RIGHT 23. Where the work is a work created by an author employed .or Commissioned by a person in the course of his employment or contract ,of service, unless agreed otherwise, the original'owner of the rights shall. be the employer or the person who commissioned the work. ' Where the work is an audiovisual work: 1/ Economic rights may be assigned or licensed in whole or in part. 2/ a) the producer shall be the owner of the economic rights. . However, the script writer, Director, Cameraman, lyricist, composer and other authors thereof shalt enjoy the right of authorship in the work, and have the right to receive remuneration pursuant to contract conclude~ with the producer. 6/ Notwithstanding the provisions of Sub-Article (5) of this Article, the co-authors of the audiovisual work and the authors of the pre-existing works included in, or adapted for the making of the audiovisual work shall "maintain their rights .in their contributions or pre-existing works, respectively, to the extent those contributions or pre-existing work can be subject of acts covered by their economic rights separately from the audiovisual work. 22. Presumption of Authorship and Representation the Author II Without prejudice to any proof to the contrary, the person in whose name the work was published shall be deemed to be the author thereof. 2/ The author may claim the benefit of the presumption of the preceding Sub Article notwithstanding that' he' used a pseudonym, provided that there is' no doubt as to his identity. 3/ Without prejudice to Sub-Articles (I) and (2) of this Article, the publisher whose name appears on the work shall, in the absence of proof to the contrary, be presumed to represent the author and, in this capacity, shall be entitled to exercise and enforce the moral and economic rights of the author. This presumption shall cease to apply when the author reveals his identity. Any assignment of an economic right, and any license to do an act subject to authorization by the author or other owner of copyright, shall be made in writing. 3/ Any assignment or licensing of economic rights shall not be deemed to include assignment or license of any other right not explicitly refereed therein. 24. b) the authors of the screenpiay, musical works and other works that are incofporated in an audiovisual work and can be exploited separately shall be entitled to exercise' their copyright independently. Assignment and License of rights Scope of assignment or license 1/ The scope of assignment or license shall be limited to the use or exploitation of the economic rights specified in the agreement. 2/ The right of a copyright owner or the assignment or licensing of economic rights shall not extend to the ownership of the material object that constitutes the protected work. 3/ Where an agreement for the assignment or licensing of specific economic right fails to specify the time for which the assignment or license shall operate, the assignment or license shall terminate after 10 or 5 years respectively. 4/ Where an agreement for the assignment or license of specific economic rights, under Sub Article (2) of this Article, fails to explicitly provide the ways and means of use or' exploitation of the right; the assignee or licensee shall be 'entitled to exploit the right by such ways and means as are necessary for the purpose envisaged by the parties. 25. Non-use of economic rights 11 Subject to the provision of Sub Article (2) of this Article, where a person to whom an economic right in a work has been assigned, or an exclusive licensee does not exercise his right or does so only inadequately, and authors legitimate interest are prejudiced by such failure, the author may revoke the assignment or exclusive license.