Copyright

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II. COMPUTER PROGRAMS

1. Definition

Article 121.

121.1. Computer programs, within the meaning of this Law, are programs expressed in any form, including preparatory design materials for their creation.

121.2. Ideas and principles, which underlie any element of a computer program, including those which underlie its interfaces, are not protected.

2. Copyright on a computer program created in employmentor as a work made for hire

Article 122.

Where a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, or where it is created by an author under a contract for a work made for hire, it shall be deemed that the economic rights and other rights of the author to such program are assigned to the employer or person ordering the work, exclusively and without limitations, unless otherwise provided by contract.

3. Rights of the author

Article 123.

123.1. The author of a computer program shall have the exclusive right to prohibit or authorize, in particular:

a). to make permanent or temporary reproductions of a computer program by any means and in any form, in part or in whole. Insofar as loading, displaying, running, transmission or storage of the computer program necessitate its reproduction, the author's permission shall be necessary for such acts;

b). to make translations, adaptations, arrangements and any other alterations of a computer program and the reproduction of the results thereof, without prejudice to the rights of the person who alters the program;

c). to distribute the original of the computer program or copies thereof in any form, including its rental.

123.2. The author may assign the rights mentioned in the preceding paragraph to third persons also with a license agreement.

4. Limitations of author's rights

Article 124.

124.1. Unless otherwise provided by contract, the acts referred to under items (a) and (b) of Paragraph 1, Article 123, including error corrections, may be done by the lawful acquirer of the program without the authorization of the author, if they are necessary for the use of the computer program in accordance with its intended purpose.

124.2. A person having the right to use a computer program may, without the authorization by the author, make a maximum of two back-up copies of it, if that is necessary for its use.

124.3. A person having the right to use a copy of a computer program shall be entitled, without the authorization by the author, to observe, study or test the functioning of a program in order to determine the ideas and principles that underlie any element of the program, if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do.

124.4. Provisions of this Law, relating to the right of withdrawal (Article 20), the right to special remuneration (Article 39) and to the private and other internal reproduction (Article 45), do not apply to computer programs.

124.5. Contractual stipulations contrary to the provisions of paragraphs (2) and (3) of this Article, shall be null and void.

5. Decompilation

Article 125.

125.1. Reproduction of the code and translation of its form, within the meaning of items (a) and (b) of Paragraph 1, Article 123 of this Law, shall not require the authorization of the author, where such reproduction or translation is indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, or with hardware, provided that the following conditions are met:

a). that these acts are performed by the licensee or by another authorized user, or on their behalf, by a person authorized to do so;

b). that the information necessary to achieve interoperability has not been previously readily available to the persons referred to in preceding item (a);

c). that these acts are confined only to those parts of the pre-existing program which are necessary to achieve interoperability.

125.2. The information obtained through the application of the preceding paragraph (1) may not be:

a). used for goals other than to achieve the interoperability of the independently created computer program;

b). given to others, except when necessary for the interoperability of the independently created computer program;

c). used for the development, production or marketing of another computer program substantially similar in its expression, or for any other act that infringes Copyright.

125.3. The provisions of Paragraph 1 of this Article may not be interpreted in such way as to allow its application to be used in a manner that unreasonably prejudices legitimate interests of the author or conflicts with a normal use of the computer program.

125.4. Contractual stipulations contrary to the provision of this Article shall be null and void.

6. Special measures of protection

Article 126.

As infringements of Copyright in a computer program shall be deemed also:

a). any distribution, including the offering for use, of one or several copies of a computer program, knowing or having reason to believe, that it is an infringing copy; or

b). the possession, for commercial purposes, of a copy of a computer program, knowing or having reason to believe, that it is an infringing copy.

7. Application of other legal provisions

Article 127.

The provisions of this Law on computer programs shall be without prejudice to other legal provisions on computer programs, such as those concerning patents, trademarks, protection of semi-conductor products, unfair competition, trade secrets, or the law of contract.

III. COPYRIGHT WORKS IN EMPLOYMENT RELATIONS

Article 128.

128.1. When Copyright work is created by an employee in the execution of his duties or following the instructions given by his employer, it shall be deemed that the economic rights and other rights of the author to such work are exclusively and without limitations assigned to the employer for the period of ten years after the completion of the work, unless otherwise provided by the employment contract or other written act with the employer.

128.2. Regardless of the provisions of the preceding paragraph (1), the rights revert to the employee before the expiration of the mentioned term, in cases of the death of the employer or liquidation of an employer who is a legal person.

128.3. If the employer does not use the work or uses it in a negligible extent, the employed author has the right to demand the employer to assign him these rights, including the refund of his expenses.

128.4. If not otherwise concluded by contract, the employed author has the right to a respective additional remuneration from the employer, if his salary is in apparent disproportion with the profits earned or with the savings obtained by the use of his work .

Article 129

Irrespective of the provisions of the preceding Article 128 the employed author retains the exclusive right to include his work into a collection of his works or into a collection of all his works.

Article 130.

It shall be deemed that economic rights and other rights of the employed author to a database and to a collective work, created in the course of employment, are assigned exclusively and without limitations to the employer, unless otherwise provided by contract. Paragraph 4 of Article 107 of this law applies.

IV. WORKS CREATED IN SCHOOLS

Article 131.

Educational institutions have the right to include a Copyright work or its part, created by their scholars or students in collections of school works of their scholars and students and to reproduce and distribute such collections.