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Literary And Artistic Ownership

TITLE XI, LITERARY AND ARTISTIC OWNERSHIP

Art. 1647. Attribution of the right.

(1)     The author of a work of the mind shall have on the work the crated, by the mere fact of his creation, an incorporeal right of ownership.
(2)     He shall have such right regardless of the nature, form of expression, merit or purpose of the work.
(3)    He shall have such right notwithstanding that he executed the work in pursuance of a contract of employment or a contract for the performance of a project entered into with a third party.

Art. 1648.- Works of the mind.

The following works shall be deemed to be works of the mind:
(a) literary works such as books, booklets, articles in reviews and newspapers, lectures, speeches, sermons, theatrical and other dramatic works; and
(b) musical compositions with or without text, dramatic-musical works, radio phonic or radio visual works, choreographic works or pantomimes the production of which is reduced to writing or otherwise; and
(c) the works of the figurative arts such as drawings, paintings, engravings and sculptures, as well as photographic and cinematographic works; and
(d) illustrations, maps, plans, sketches, plastic works pertaining to geography, topography, architecture or other sciences; and
(e) any other work created by the intelligence of their author and presenting an original character.

Art. 1649.- Translations and adaptations.

    Without prejudice to the rights of the author of the original work, translations, adaptations, musical arrangements and other renderings of a literary or artistic work shall be protected as original works.

Art. 1650.- Encyclopediae and anthologies.

    collections of literary or artistic words  such as encyclopediae or anthologies which by the choice or arrangement of the material constitute intellectual creations shall be protected as such without prejudice to the rights of the authors over each of the works included in such collections.

Art. 1651.- Official texts.

(1) Official texts of a legislative, administrative or judicial nature shall not be subject to the provisions of this Title.
(2) They may be freely reproduced.

Art. 1652.- Right of publication.

    (1) Only the author shall have the right to publish his work.
(2) After his death, this right shall pass to the person named by him or, in default of such person, to the heirs of the author.
(3) Where the heirs do not agree on the expediency or conditions of publication, the court shall settle the matter on the application of any of them.

Art. 1653.- Production and reproduction of the work.

    (1) Only the author shall have during his life the right to produce his work.
(2) He shall alone have during his life the right to reproduce it.

Art. 1654. Adaptations.

(1)     Only the author shall have during his life the right to authorize the adaptation of his work to the theatre, cinematography or television, or any other kind of adaptation.
(2)     A work shall be regarded as an adaptation of a third party’s work where it explicitly refers to the said work or it is obvious, from the circumstances of the case, that it closely derives its inspiration therefrom.
(3)    A parody, pastiche or caricature shall not be regarded as an adaptation of the work.

Art. 1655.-  Translations.

    (1) An     author cannot object to the translation of this work.
(2) A translation made without the authorization of the author shall expressly state this fact at the beginning of the work.
(3) Failing such a statement, it shall be deemed to be prejudicial to the author’s rights.

 Art. 1656.- Private performances free of charge.

    The author may not forbid private performances of his work given free of charge at a family gathering or in a school.

Art. 1657.- Articles and information of topical interest.

    (1)     Articles of topical interest published in newspapers and reviews may be     reproduced in the press, whether printed or broadcasted, unless such     reproduction was expressly reserved.
(2)    The source shall always be clearly stated.
(3)     Daily news articles on current events which are mere press information     may be freely reproduced.

Art. 1658.- Public speeches.

    Speeches delivered in political assemblies, at public meetings or on the occasion of official  ceremonies may be freely reproduced by the press, whether printed or broadcasted, during fifteen days from the day on which  they were made.

Art. 1659.- Collection of speeches or articles.

    Only the author shall have the right to publish his speeches and articles in book form or to issue a collection thereof.

Art. 1660.- Limitation of the exclusive right of reproduction.

    (1) The author can not forbid analyses and press reviews of his work.
(2) Copies or reproductions of the work made in a single copy shall be permitted where they are intended for private use only.

Art. 1661.- Quotations.

    The author cannot forbid short quotations from his work provided they do not exceed, in the work in which they are included, forty lines in the case of a poetical work or ten thousand letters in the case of any other work.

Art. 1662.- Photographic works.

    (1)      Photographic works shall be protected where they form part of a collection     or are published in a book.
(2)    In other cases, they shall not be protected unless they bear the name and     address of the author or his agent.

Art. 1663.- Assignment of the work.

    (1)     The incorporeal ownership of the author shall be  independent of the     ownership of the material object which constitutes the  protected work.
(2)     The rights specified in this Title shall not vest in the acquirer of the object     by the mere fact of his acquisition.
(3)    The author may not require the owner of the material object to place this     object at his disposal so as to enable him to exercises his rights.

Art. 1664.- Reference to rules governing contracts of publication.

    The conditions on which literary or artistic rights of ownership may be assigned by the author to third parties shall be as provided by the Chapter of this Code relating to “Contracts of publication” (Art. 2672-2697).

Art 1665.- Alteration of a work

    Notwithstanding any stipulation to the contrary, the author may prevent his work, if altered by a third party, from being presented as his own.


Art. 1666.- Ascertainment of the author.

    (1)      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 rights deriving from the     provisions of this Title notwithstanding that he used a pseudonym,     provided that there is no doubt as to his identity.

Art. 1667.- Anonymous works.

    As regards anonymous and pseudonymous works other than those mentioned in Art. 1666, the publisher whose name appears on the work shall without further proof be deemed to represent the author.

Art. 1668.- Works produced by several authors. 1. Rights of co-authors

    (1)    A work produced as a result of the cooperation of several authors shall be     jointly owned by them.
(2)    Author’s rights shall be exercised by common agreement between the co-    authors.
(3)    Where each of the authors contributed a different type of work, each of     them may, unless otherwise agreed, utilize separately his personal     contribution provided that such utilization is not detrimental to the use of     the common work.

Art. 1669.- 2. Protection of third parties.

    (1)      Where a work has been published under the name of a single author, third     parties shall be justified in  assuming that the said author is the sole author     of the work.
(2)    Rights of  co-authors shall not affect them.

Art. 1670.- Heirs of the author.- 1. Pecuniary rights.

    (1)     The author’s right to authorize the production, reproduction or adaptation     of his work  may, after his death, be exercised by his heirs for a period of     fifty years form the time of the publication of the work.
(2)    Where the heirs do not agree, the court shall settle the matter on the     application of any of them.

Art. 1671.- Moral prejudice.

    The right to prevent a work which has been altered by a third party from being attributed to the author may be exercised individually by the author’s spouse, ascendants, children and grandchildren during their life.

Art. 1672.- Posthumous work.

    A work published after the death of its author shall be protected fro a period of fifty years as from the date of publication.

Art. 1673.- Rights of public authorities.

    (1)     Public authorities may in the general interest, notwithstanding the author’s     opposition, authorize the presentation or  reproduction of a work or its     adaptation, after such work has been published by its author or his heirs.
(2)     The conditions and forms of such authorization shall be determined by a     special law providing in particular for fair compensation to the author.
(3)    In no circumstances may public authorities authorize the alternation of a     work.

Art. 1674.- Protection of literary or artistic rights of ownership.

    (1)      Any person whose right of literary or artistic ownership is infringed may     demand the cessation of such infringement and the destruction of the     copies or adaptation of his work made in breach of the law.
(2)    He may in addition claim damages for the moral and material prejudice     caused to him.
(3)    The conditions on which he may act shall be as specified in the Ti9tle of     this Code relating to “Extra-contractual liability and unlawful enrichment”     (Art. 2027-2178).