Chapter II
Protected works
2. The protection provided by the present law
applies to all intellectual creations, which they are written or photographic
works, of sculptures, drawings or oral works, whatever are the merit, the
importance, the destination or the mode or the form of expression.
Protection applies in particular to works hereafter:
-- books, files, booklets, publications, printed and other works
literary, artistic or scientific written;
-- conferences, speech and other oral works;
-- audio-visual and photographic works;
-- musical works with or without words;
-- dramatic and dramatico-musical works;
-- gestural works, choreographies and mimes;
-- drawings, sculptures, works of decoration and weaving and
lithographies;
-- drawings and photographs intended for architecture;
-- computer programs, whatever is the language, including the
preparatory material used for the development of the programs;
-- charts, projects, plans, models geographical, topographic,
architectural and scientific;
-- works of the visual arts of some nature that it is, that they
are intended or not for the production.
3. Without damage of the rights on original
work, are also subjected to the provisions of this law and also profit from the
protection provided by the present law works derived hereafter:
-- translations, adaptations and transformations of work and
musical arrangements;
-- collections of works and information realized, in
punched-card or different form, with the assent of the holder of the royalty or
of his successors on a purely universal or particular basis, who, by the choice
or the provision of the matters, constitute intellectual creations.
4. The protection conferred by the present law
does not apply
-- with the daily bulletins of information;
-- with the legislative laws and other provisions, the decrees
and decisions emanating of the whole of the authorities and administrations of
the State, like with their official translations;
-- with the court orders of any nature and their official
translations;
-- with the speeches made in public meetings and assemblies,
subject to the exclusive right of the author of the speeches and conferences to
gather them and to publish them;
-- with the ideas, abstract data and scientific concepts;
-- with all folk works belonging to the national heritage; on
the other hand, works which take as a starting point the the folklore are
protected.
Chapter III
Holders of the royalty
and conditions
of protection
5. The person who creates a literary or
artistic work enjoys, of the only fact of the creation of work, the absolute
right of property on work and of the protection of her rights without any
formality.
6. When it is impossible to determine the
share taken by each author in the creation of a work of collaboration, the
authors are famous being the joint authors of work and to jointly hold the
rights on work. However, if it is possible to dissociate the contribution of
each joint author of those of the other joint authors, each one of them is
regarded as the single author of his contribution.
Except contrary convention, no joint author of a work of
collaboration cannot exert the royalty on work without the assent of the other
joint authors.
7. Except contrary convention, holder of the
royalty is famous on a collective work the person or entity who took the
initiative of the creation of the work and which in supervised the
realization.
8. Except contrary convention, is famous
holder of the royalty on the works created by individuals in the exercise of
their functions and their profession, within the framework of a contract of
employment concluded with a person or entity, the employer, who is entitled to
exert the laws aimed to article 15 of this law.
9. Except contrary convention, of the royalty
on a audio-visual work the producer of the aforesaid work is famous holder.
10. Author of an anonymous work or a work
pseudonym is famous the person or entity who published work. When the author
reveals his identity, it can take advantage of its rights.
11. Author of a literary or artistic work is
famous, except proof of the opposite, the person whose name is indicated on the
work in the usual way.
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