Chapter VIII
Duration of protection
49. The protection of the patrimonial rights
lasts all the life of the author and 50 years as from the end of the year of
the death of the author.
50. For works of collaboration, protection
lasts all the life of the joint authors and 50 years as from the end of the
year of the death of the last joint author. Except contrary convention, if one
of the joint authors dies without heir, its share returns to the other joint
authors or to their heirs.
51. For collective works and audio-visual
works, protection lasts 50 years as from the end of the year of the first
authorized publication of work. If work is not published, protection lasts 50
years as from the end of the year during which work was completed.
52. The protection of the patrimonial rights
on an anonymous work or pseudonym published lasts 50 years as from the end of
the year of the first legal publication of work.
If the pseudonym used does not leave any doubt about the
identity of the author or if the name of the author is revealed before the
expiry of the 50 years above-mentioned period, the provisions of article 49 of
this law apply. For the works published in the name of a legal entity and for
posthumous works, protection lasts 50 years as from the end of the year of
publication of work.
53. The protection of the moral right of the
author or the artist interprets or carrying out is not limited in time and is
transmitted by way of testamentary or legal succession.
54. The protection of the patrimonial rights
of the artist interprets or executant lasts 50 years as from the end of the
year during which interpretation or execution took place.
55. The protection of the rights of the
producer of sound recordings lasts 50 years as from the end of the year during
which work was fixed for the first time on a material support.
56. The protection of the rights of the
station, the organization, the company or the establishment of television or
broadcasting lasts 50 years as from the end of the year during which the
program was diffused.
57. The protection of the rights of the
publisher lasts 50 years as from the end of the year during which the first
publication took place.
Chapter IX
Associations and companies
of
collective management of the rights
58. The authors and the related holders of
rights, or their successors, on a purely universal or particular basis, have
the right to request associations or to companies of private law, made up
between them, for management, integral or partial, of their rights and the
collection of remunerations which are due for them.
59. The above-mentioned mandate is exercised
under the terms of a written procuration written in front of notary, in whom
all the rights are mentioned expressly whose management is entrusted to
association or the company.
The mandate is concluded for one given duration and relates on
the totality or a part only of works, existing or future, of the author or the
holder of the related rights. In case of doubt, the mandate is considered to
relate to the whole of works.
60. Before exerting any activity, any
association or company intending to exert the collective management of rights
must deposit, near the Ministry for the culture and the higher education, the
receipt of declaration of creation of the association envisaged by the law on
associations or the receipt of inscription of the company to the relevant
register, and must provide the elements hereafter:
-- a copy of the rules of procedure of association or statutes
of the company;
-- the name and addresses of the director;
-- the number of authors and related holders of rights having
elected association or the company to exert collective management their rights
and to take care of the collection of remunerations which are due for them;
-- a copy of the mandates given by the authors, the related
holders of rights or their successors, on a purely universal or particular
basis, association or the company;
-- period of validity of the mandates;
-- conditions of distribution of the perceived amounts; and
-- the annual balance sheet of association or the company.
61. The activity of associations or the
collective trust companies of the rights is subjected to the monitoring and the
control of the Ministry for the culture and the higher education. The
aforementioned associations and companies are held to place at the disposal of
the ministry the whole of their registers and accounts books for purposes of
the exercise of the ministerial monitoring.
62. Any association or company is held to
appoint an approved countable expert charged to check the registers and to
submit an annual report to the general assembly. Moreover, association or the
company is held to obtain each year the report/ratio of another approved
countable expert.
63. Any association or company is held to hold
at least a general assembly per annum, during whom the report/ratio of the
president of association or the company, as well as the financial statement,
the assessment of the past year and the budget of the following year are
voted.
64. Any association or company is held to
appoint a lawyer registered with the one of the two bars as a legal adviser, in
accordance with the law on the exercise of the occupation of lawyer.
65. When an association or a company is made
guilty of a grave offense or repeated attacks to legal or lawful provisions,
the Minister for the culture and higher education can transmit the file to the
Attorney General, who takes adequate measurements.
66. The conditions of constitution and
operation of associations and the above-mentioned companies, the conditions of
the control exerted by the Ministry for the culture and the higher education
and the conditions of observation of the infringements are fixed by decree
taken in the Council of Ministers, on opinion of the Minister for the culture
and the higher education, within three month as from the date of publication of
this law at the Official Journal.
67. Associations and collective trust
companies of the rights are competent for
-- to conclude from the contracts with thirds for the use of
works and to fix remunerations which they are held to perceive;
-- to distribute the remunerations perceived between the holders
of rights;
-- to take all measurements administrative, legal, arbitration
and friendly for purposes of the protection of the legitimate rights of their
constituents and the collection of remunerations due; and for
-- to obtain users of works all information necessary to the
ends of calculation, collection and distribution of remunerations due.
68. Associations and companies do not have the
right to refuse, without valid reason, to conclude the contracts aimed to
article 67 from this law with the users of works.
69. Any user of a work is held to communicate
to association or the company a list of the operations carried out within the
framework of the use of work, such as reprographic reproduction, sale, hiring,
exposure, remote transmission or broadcasting, as well as the number of copies
or specimens in question, the number of public exposures or the number of
televised or radiophonic diffusions.
70. Associations and companies do not have the
right to refuse, without valid reason, to exert the management of the rights of
an author and to ensure the collection of remunerations which are due for him.
71. Any association or company is held to
submit an annual report to the authors who gave him mandate to exert the
management of their rights and to ensure the collection of remunerations which
are due for them, so that those are able to deliver their opinion with regard
to the perceived amounts, the conditions of collection and distribution of
remunerations, like any other administrative question. Association is held to
take these opinions in consideration during the development or of the
modification of the conditions of management of the rights and perception of
remunerations.
72. The authors, the related holders of rights
and their agents have the right, constantly, to take note of the accounts of
association or the company of which they form part.
73. The authors and the related holders of
rights which requested an association or to a company to manage their rights
and to perceive remunerations which are due for them are held to inform in
writing association or the company of any work which they published or which
they publish after the date on which they gave the aforementioned mandate to
the aforementioned association or company.
74. The distribution of the amounts perceived
between the holders of rights takes place once per annum at least and is
proportional to the effective use of their works.
75. The author, the holder of related rights,
association or the company can terminate the contract, with the proviso of
having a valid reason, and with the proviso of notifying the cancellation with
the other part three months before the end of the year. The cancellation takes
effect as from the end of the year during which it was notified with the other
part.
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