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COPYRIGHT AND RELATED RIGHTS ACT* - Uaipit.com

COPYRIGHT AND RELATED RIGHTS ACT* - Uaipit.com

COPYRIGHT AND RELATED RIGHTS ACT* - Uaipit.com

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2. it shall be deemed that economic rights and other rights of the author to a database and to<br />

a collective work, are assigned exclusively and without limitations to the employer, unless<br />

otherwise provided by contract.<br />

Chapter IV<br />

SPECIAL PROVISIONS FOR <strong>COPYRIGHT</strong> WORKS<br />

Section I<br />

Audiovisual works<br />

Article 103<br />

Definition<br />

Audiovisual works according to this Act, are cinematographic films, television films, animated<br />

films, short music-videos, advertising films, documentaries and other audiovisual works,<br />

expressed by means of sequence of related moving images, with or without incorporated<br />

sound, irrespective of the nature of the medium in which the said works are embodied.<br />

Article 104<br />

The right of audiovisual adaptation<br />

(1) The right of audiovisual adaptation is the exclusive right to transform or include a preexisting<br />

work in an audiovisual work.<br />

(2) It shall be deemed that, by making a contract of audiovisual adaptation, the author of a<br />

pre-existing work had assigned to the film producer, exclusively and without limitations, the<br />

right of transformation and inclusion of the pre-existing work in an audiovisual work, his<br />

economic rights and other rights of the author in this audiovisual work, its translations, its<br />

audiovisual transformations and to photographs made in connection with the production of the<br />

audiovisual work, unless otherwise provided by contract.<br />

(3) Regardless of the provisions of the foregoing paragraph, the author of a pre-existing work<br />

shall retain:<br />

1. the exclusive right to further transformation of the audiovisual work into another artistic<br />

form;<br />

2. the exclusive right to a new audiovisual adaptation of the pre-existing work, however, only<br />

after the expiry of ten years from the making of the contract mentioned in the above<br />

paragraph;<br />

3. the right to claim equitable remuneration from the film producer for each rental of<br />

videograms of an audiovisual work.<br />

(4) Author of a pre-existing work cannot waive the rights mentioned in the foregoing<br />

paragraph.

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