Chapter IV
Field of application
protection
provided by the present law
12. The protection provided by the provisions
of this law applies to literary and artistic works created by
-- authors Lebanese, whatever their place of residence;
-- foreign authors, provided that they amenable to a country
left to Convention Bern for protection literary and artistic works or to
universal Convention on the royalty, or that they have their residence
there;
-- authors amenable to any Member State of the League of the
Arab States which did not leave to the one above-mentioned conventions, subject
to reciprocity; or
-- producers of audio-visual works having their seat principal
or their residence in Lebanon or in a country left with Convention Bern for the
protection of literary and artistic works or with universal Convention on the
royalty.
13. The protection provided by the present law
also applies to literary and artistic works
-- published for the first time in Lebanon;
-- published for the first time in a State left with the one the
conventions aimed to the preceding article; or
-- published for the first time in a foreign country which did
not leave to the one above-mentioned conventions, provided that they are also
published in Lebanon or in a State left with the one above-mentioned
conventions within 30 day as from the date of their publication in the other
country.
Chapter V
Rights of the holder of the royalty
14. The holder of the royalty enjoys the
patrimonial rights and the moral right.
15. The holder of the royalty enjoys the
exclusive right to exploit work. This right includes/understands the exclusive
right to authorize or prohibit
-- reproduction, impression, the recording and reprographic
reproduction of work by some process that it is, including the photographic and
cinematographic reproduction, reproduction on tape and video or different
disc;
-- translation in a foreign language, the adaptation,
modification, the transformation, the reduction or the rehandling of work, like
any arrangement of musical work;
-- the sale, distribution and the hiring of work;
-- the importation of copies or specimens of work produced
abroad;
-- the interpretation or execution of work; and
-- the communication of work to the public, by wire or without
wire, by hertzian or comparable way, by coded artificial satellite or not
coded, including the retransmission with the public, by any means allowing to
transmit the sound and the image of television programmes and broadcast
ordinary or emitted starting from artificial satellites.
16. The patrimonial rights of the author are
regarded as movable property and are transmissible entirely or partially.
17. The contracts relating to the exploitation
or the transfer of the patrimonial rights must, whatever is the object, being
noted in writing between the contractors under penalty of nullity. They must
mention the rights which make the object of the contract, the place and the
date of signature of the contract and the participation of the author, in terms
of percentage, with the receipts rising from the exploitation or the transfer
of the rights. In the absence of a mention of the period of validity, these
contracts are famous being concluded for one duration 10 years as from the date
from signature.
18. The complete transfer of future works is
null and not avenue.
19. The transfer by the author of the one of
his rights is always limited to this only right and the contracts concluded
subject to payment as regards royalty are interpreted in a restrictive way.
20. Except contrary convention, the author and
the type-setter of a song enjoy equal rights on work.
21. In addition to the rights aimed to the
preceding article, and notwithstanding any possible transfer of the aforesaid
rights, the author enjoys the moral right and in particular the right
-- to reveal work and to decide mode of disclosure of work;
-- to assert the paternity of work and to require that its name
be mentioned on all the specimens of work each time work is used in public;
-- to use a pseudonym or to remain anonymous;
-- to be opposed to any deformation, mutilation, deterioration
or modification of the work which carries reached to its honor or its
reputation, or its fame or its artistic situation, literary or scientific;
and
-- to terminate contracts of transfer of its patrimonial rights
even after their publication, if this cancellation is necessary to the ends of
protection of its personality and its reputation or following a change of its
opinions or circumstances, with the proviso of compensating the thirds for the
damage resulting from this cancellation.
22. The moral right of the author is
inalienable and imperceptible but can be transmitted by way of succession,
testamentary or legal.
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