Chapter VI
Exceptions
23. Subject to the provisions of article 24 of
this law, any individual has the right to copy, record or reproduce a specimen
of a work protected under the terms of the present law, for her personal and
deprived use, without the assent or the authorization of the holder of the
royalty and without him to pay remuneration, provided that work were published
in a legal way.
Is not famous of use personal and private the use of the specimen
reproduces within a company or of any other place of work.
24. The exception aimed to the preceding
article does not apply if it involves a damage for the rights and interests of
the holder of the royalty. It is in particular illicit
-- to carry out architectural work in all or partly;
-- to copy, record or reproduce any work of which a limited
number of original specimens was published;
-- to reproduce totality or a great part of a book;
-- to record or transmit collections of information of any
nature; or
-- to record or copy a computer program, except if the holder of
the royalty authorized the use of the program and with the proviso of carrying
out one specimen of the program intended to be used in the event of loss or of
deterioration of the original specimen.
25. Is licit, for the establishments
educational and university and the public libraries with nonlucrative goal, the
realization, without the assent of the author and him to pay remuneration, of a
limited number of specimens of computer programs, intended to be put for the
provision of the schoolboys and students as free loan, provided that the
aforementioned establishments and libraries hold at least an original specimen
of the aforesaid programs and provided that are fixed by emanating decree of
the ministries for national education, the culture and the higher education and
professional teaching and technique the process of reproduction, the categories
of programs being able to be reproduced and numbers it copies authorized; in
the same way, it is licit, for the student, to carry out a single copy for its
private use.
The use of a short part of a work published in a legal way is
licit, without the authorization of the author of work, at ends of criticism,
argumentation, testimony or at teaching ends, provided that this use does not
exceed the measurement justified by the goal to reach. The use must be
accompanied by the indication of the source and the name by the author if this
name is reproduced on work.
26. The reprographic reproduction or the
realization of copies of articles published in newspapers or reviews or short
extracts of works is licit, without the assent of the author and without him to
pay remuneration, provided that the act of reproduction is carried out at
teaching ends and the measurement justified by the goal does not exceed to
reach. The name of the author or the authors, as well as editor, must be
mentioned with each use of a copy of the article or work, if these names are
reproduced on original work.
27. Any public library with nonlucrative goal
can, without the assent of the author and him to pay remuneration, to reproduce
by reprographic reproduction or to copy an additional specimen of work,
provided that it holds an original specimen of it at least, in order to
preserve the aforementioned additional specimen and to use it in the event of
loss or of deterioration of the original specimen.
28. Is licit, under the terms of a decree of
the Minister for the culture and higher education, the reprographic
reproduction, the realization of copies or the recording, without the assent of
the author and him to pay remuneration, of a specimen of a audio-visual work
equipped with a particular artistic value, for purposes of conservation in the
files of the ministry, when the holder of the royalty unduly refuses to
authorize the recording of the aforesaid the copy.
29. Is licit, without the assent of the author
and him to pay remuneration, the reprographic reproduction, the realization of
copies or the recording of a specimen of a work at ends of use in legal or
administrative procedures, the measurement justified by the goal to reach.
30. Is licit, without the assent of the author
and him to pay remuneration, the use by the bodies of information, for purposes
of the report of an event of topicality, short fragments of a work seen or
heard during this event, in the measurement justified by the goal to reach and
with the proviso of mentioning the name of the author and the source.
31. Is licit, without the assent of the author
and him to pay remuneration, the publication by the bodies of information of
copies of architectural, artistic, photographic works or of works of the
applied arts being in places open to the public.
32. Is licit, without the assent of the author
and him to pay remuneration, the exposure or interpretation or public execution
of a work with the course
-- official ceremonies, in the measurement justified by the goal
to reach;
-- activities of the educational establishments, when work is
used by the teachers or the pupils, provided that the public is only made up of
teachers, pupils, parents of pupils and people taking part directly in the
activity of the educational establishment.
33. Is licit, without the assent of the author
and him to pay remuneration, the exposure of an artistic work in a museum or an
exposure organized inside a museum, provided that the museum is owner of the
material support of work and provided that the aforementioned exposure does not
carry not reached to the legitimate interests of the author.
34. Is licit, without the assent of the author
and him to pay remuneration, the reprographic reproduction or the realization
of copies or specimens of an artistic work for purposes of its publication in
catalogs intended to facilitate the sale of work, provided that the
aforementioned reproduction or realization of copies or specimens does not
carry not reached to the legitimate interests of the author.
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