CHAPTER III: Copyright Holders, and Related Rights Holders (Law no. 50/2005/qh11 on intellectual property)

CHAPTER III
Copyright Holders and Related Rights Holders

Article 36 Copyright holders

Copyright holder means an organization or individual who holds one, several or all of the economic rights stipulated in article 20 of this Law.

Article 37 Copyright holders being authors

Authors who use their own time, finance and material or technical facilities to create works shall have the moral rights stipulated in article 19 and the economic rights stipulated in article 20 of this Law.

Article 38 Copyright holders being co-authors

1. Co-authors who use their time, finance and material or technical facilities to jointly create works shall share the rights to such works stipulated in articles 19 and 20 of this Law.

2. A co-author as defined in clause 1 of this article who has jointly created a work, a separate part of which is detachable for independent use without prejudice to the parts of the work of the other co-authors, shall have the rights to such separate part stipulated in articles 19 and 20 of this Law.

Article 39 Copyright holders being organizations and individuals who assign tasks to authors or who enter into contracts with authors

1. Any organization which assigns the task of creating a work to an author who belongs to such organization shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law, unless otherwise agreed.

2. Any organization or individual who enters into a contract with an author for the creation of a work shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law, unless otherwise agreed.

Article 40 Copyright holders being heirs

Any organization or individual who inherits copyright in accordance with the law on inheritance shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law.

Article 41 Copyright holders being assignees of rights

Any organization or individual who is contractually assigned one, several or all of the rights stipulated in articles 19.3 and 20 of this Law shall be the copyright holder.

Article 42 Copyright holders being the State

1. The State shall be the holder of copyright in the following works:

(a) Anonymous works;

(b) Works for which the term of protection has not expired but the copyright holder died without leaving an heir or the heir renounced the inheritance or was deprived of the right to inherit;

(c) Works for which the ownership right was assigned to the State by the copyright holder.

2. The Government shall issue detailed regulations governing the use of works under State ownership.

Article 43 Works belonging to the public

1. Any work whose term of protection has expired pursuant to article 27 of this Law shall belong to the public.

2. All organizations and individuals shall be entitled to use the works stipulated in clause 1 of this article but must respect the moral rights of authors stipulated in article 19 of this Law.

3. The Government shall issue detailed regulations governing the use of works belonging to the public.

Article 44 Related right holders

1. Organizations and individuals who use their time and make a financial investment in or use their material and technical facilities to give a performance shall be the owners of such performance unless otherwise agreed with the parties concerned.

2. Organizations and individuals who use their time and make a financial investment in or use their material and technical facilities to produce audio and visual fixation shall be the owners of such audio and visual fixation unless otherwise agreed with the parties concerned.

3. Broadcasting organizations shall be the owners of their broadcasts unless otherwise agreed with the parties concerned.

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