Article 38. Authorʼs contract
On copyright and related rights (LRU-42-son) · Date: 20.07.2006 · In force
The property rights provided for in paragraph three of Article 19 of this Law may be transferred by the rightholder to another person only by concluding an authorʼs contract except in the cases stipulated in this Law.
The author's property rights may be transferred on the basis of an authorʼs contract on the transfer of exclusive rights or on the basis of an authorʼs contract on the transfer of non-exclusive rights.
The authorʼs contract on transfer of exclusive rights shall authorize the use of the work in a certain way and within the limits established by the contract only to the person to whom these rights are transferred.
An authorʼs contract on the transfer of non-exclusive rights shall allow the user to use the work in the same way as the owner of exclusive rights who has transferred such rights, and/or other persons who have received permission to use this work in the same way.
The rights transferred under the authorʼs contract shall be considered non-exclusive, unless otherwise expressly provided in the contract.
The copyright in a work shall not be related to the ownership of the material object in which the work is expressed.
The transfer of ownership of a material object or the right of possession of a material object shall not in itself entail the transfer of any copyright in the work expressed in that object.
