Law on copyright and neighboring rights since the General Council in its session of June 10, 1999, has approved the following: law on copyright and neighbouring rights preamble chapter i. Definitions Article 1. Chapter II Definitions. Author's rights Article 2. Works Article 3. American derivatives works and compilations Article 4. Subject matter not protected Article 5. Article 6 economic rights. Moral rights in Article 7. Private reproduction for personal purposes Article 8. Quote Article 9. Free reproduction for teaching Article 10. Free reprographic by libraries and archives Article 11. Informational purposes use Article 12. Free reproduction and adaptation of computer programs Article 13. Decompilation of computer programs-free Article 14. Free use of database Article 15. Distribution after the first sale Article 16. Free Article 17 display. Obligatory collective management of the exclusive right of cable retransmission Article 18. Duration of copyright Article 19. Original authorship and ownership of the economic rights Article 20. Presumption of authorship and of representation of the author Article 21. Representation of rights in an audiovisual work Article 22. Transfer of economic rights Article 23. Article 24 licenses. The form of the assignment and the exclusive license Article 25. Transfer of ownership of the original or a copy of a chapter III. Neighboring rights Article 26. Acts requiring authorization of performers Article 27. Moral rights of performers Article 28. Acts requiring authorization of producers of phonograms Article 29. Equitable remuneration for the use of phonograms Article 30. Acts requiring authorization of broadcasting organizations and of organizations that communicate your own programs by wire Article 31. Acts requiring authorization of publishers of works not previously published Article 32. Limitations to the protection of neighboring rights Article 33. Transfer of economic rights and licenses chapter IV. Collective management of copyright and neighboring rights Article 34. Establishment and incorporation of the society of collective management Article 35. Tasks of the collective management society Article 36. Operation of collective management society Article 37. Obligations of the users of works toward the collective management society Article 38. Supervision of the collective management society Chapter v. actions against injury to the rights of the owner of a copyright or neighbouring right; procedural regulations Article 39. The right to exercise an action; actions; procedural regulations Article 40. Compensation for damages Article 41. Precautionary measures and preliminary proceedings Article 42. Customer retention to customs Article 43. Article 44 jurisdiction. Abuses committed with regard to technical means chapter VI. Scope of application of the Law Article 45. Scope of application of literary and artistic works, Article 46. Other areas of application Article 47. Field of application by virtue of international agreements Article 48. The territory of Andorra repeal transitional provision first final provision second final provision preamble The artistic works, the phonographic productions, the performances, phonographic productions and broadcasts audiovisual or similar, as both have reached a level of harmonised protection in most States and in particular in all European States. The requirement of a territorial reciprocity in the protection of human rights has placed the Andorran authors in trouble to assert their rights in certain countries for failure to satisfy this reciprocity. At the same time the level of protection in Andorra of the works, performances, productions, executions, or emissions, lower than the level of protection granted to all industrialized countries, has put Andorra in a situation of competitive disadvantage for every person who provided services or make products from Andorra, that incorporate these intellectual creations. In addition to the public requires a high quality in the products and services that incorporate intellectual creations and consumers have the right to be protected against all forms of piracy or counterfeits of such products or services. The evolution and the growing economic importance of copyright and neighboring rights has been accompanied by a sophisticated protection for authors, performers, producers, broadcasting organizations and performers and the public that the current legislation on literary and artistic property of 25 June 1971 has been surpassed. The new law on copyright and neighboring rights allow a updated protection to both authors as performers, broadcast organizations, producers and the public consumer. The new law establishes a delicate balance between the interests of these groups. This text is harmonized with the main international agreements such as the Berne Convention for the protection of literary and artistic works of 1886 and the Rome Convention for the protection of performers, producers and broadcasting organizations phonograph or running in 1961-and will allow Andorra, when appropriate, can be joined to get a robust international protection for Andorra in the field of copyright and neighboring rights.

The new law on copyright and neighboring rights includes two sets of rights: the rights of copyright and neighboring rights.

In the part of copyright should be noted that in the law are defined as literary and artistic works: the computer programs, audiovisual works, photographic works, architectural works and works of applied art, provided they are original productions in the literary or artistic domain. It should also be noted that are protected the original American derivatives works as translations, adaptations, arrangements and other transformations, and the compilations of works and compilations of simple data (databases). The author of a literary or artistic work has the economic rights and moral rights on their works. These economic and moral rights are protected during the life of the author and 70 years after his death, with certain caveats, for the case of works of joint authorship, collective works; audiovisual works, works published anonymously or under a pseudonym; cases in which it is considered that the author is a legal entity; or cases of works published in volumes. The law has a series


of exceptions to the economic rights to certain cases of private reproduction for personal purposes, citations, reproductions for teaching, uses by libraries and archives, for informational purposes, adaptations of computer programs or their decompilació, uses of databases, distributions after the first sale or certain displays. The original owner of the economic rights and moral rights is the author who created the work. In the case of collective works, the natural or legal person on the initiative and under the direction of which the work has been created, it must be regarded as the author of the work. In the case of a work created by an employee in the performance of their duties, the pattern should be considered the author. In the case of an audiovisual work, the producer, the director and the composer of the music specially created for the audiovisual work should be considered as co-authors of the work.

In the part relating to neighboring rights provided that the performers have certain economic and moral rights on their performances, for a period of 50 years; phonograph producers have certain economic rights on his phonographic productions, for a period of 50 years;

broadcasting organizations have certain economic rights on its emissions, over a period of 50 years; and publishers of works not published previously have certain economic rights, for a period of 25 years. The law also provides a number of exceptions for certain purposes, personal information, or teaching cases similar to those established for artistic or literary works.

The law establishing the actions that can be undertaken against the infringement of the rights of the owner of a copyright or neighboring right, actions that meet the requirements of the agreement on the aspects of intellectual property rights relating to trade (TRIPS) of the World Trade Organization.

Chapter i. Definitions Article 1 Definitions for the purposes of this law, the following terms have the following meaning: 1) "performers" are actors, singers, musicians, dancers and other persons who act, sing, recite, declaim, represent, interpret or perform in any other way literary or artistic works, or expressions of folklore;

2) "author" is the natural person who created the work;

3) a "database" is a compilation of works and/or simple data that are arranged systematically or methodically to which can be accessed individually, and includes those materials necessary for the operation or consultation of certain databases, such as thesaurus and indexation systems, but with the exclusion of computer programs;

4) "communication to the public" is the transmission by any means, whether by wire as if it's wireless, images, or sounds, or both, of a work or object of neighboring rights in such a way that these images or sounds may be perceived by persons outside the normal circle of a family and its closest social acquaintances in a place or in a place situated at a distance from the place where the transmission has been initiated that, without the transmission, images or sounds, could not be registered on this site or sites, and regardless of whether these people can perceive the images or sounds in the same place and at the same time or at different places and/or at different times;

5) "economic rights" are the rights mentioned in article 5.1);

6) "moral rights" are the rights mentioned in article 6.1);

7) "public display" is the view of the original or a copy of the work directly (exhibition) or through a transparency, a television image or similar means on a screen, and, in the case of an audiovisual work, it is the view of static images in a single sequential not place or places where persons outside the normal circle of a family and its closest social acquaintances are or can be present regardless of whether they are or may be present in the same place and at the same time, or at different places and/or at different times, and in which the work displayed can be perceived without the need of public communication of this, according to the meaning defined in section 4) of this article;

8) a "phonogram" is the fixation of the sounds of a performance or interpretation or other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in an audiovisual work;

9) "public performance" in the case of a work other than an audiovisual work or a frame, is the recitation, representation, dance, acting or any other form of interpretation or execution of the work, either directly or by means of a device or process, in the case of an audiovisual work or any other audiovisual fixation, is the fact of displaying your images in sequence and make audible the sounds that accompany in the case of a phonogram, is to make recorded sounds audible at a place or places where persons outside the normal circle of a family and its closest social acquaintances are or can be present, irrespective of whether they are or may be present in the same place and at the same time, or at different places and/or at different times , and in which this performance can be perceived without the need of public communication, according to the meaning defined in section 4) of this article;

10) "rent" is the Act of making available for use, for a limited period of time and for direct or indirect economic or commercial advantage, the original or a copy of the work or the subject-matter of neighboring rights;

11) a "work" is all literary or artistic, according to article 2.1) or 3.1);

12) an "audiovisual work" is a work consisting of a series of related images that make the impression of movement, accompanied by sounds or not, susceptible of being made visible and, when they are accompanied by sounds, be made audible;

13) a "collective work" is a work that has been created by two or more natural persons, on the initiative and under the direction of a natural or legal person, with the understanding that it will be revealed by the latter natural or legal person under its own name and that does not indicate the identity of the individuals who contributed to the work;

14) a "work of applied art" is an artistic creation with utilitarian functions or incorporated in a utilitarian article, whether it is done by hand as if it is produced on an industrial scale;


15) a "work of joint authorship" is a work in the creation of which he contributed two or more authors, provided that the work does not qualify as a "collective work", in accordance with section 13) of this article;

16) a "photographic work" is the recording of light or other radiation on any medium on which an image is produced or from which it is possible to produce an image, regardless of the technique (chemical, electronic or other) by means of which makes this recording; a static image extracted from an audiovisual work is not considered a "photographic work" but a part of the audiovisual work in question;

17) a "computer" is an electronic device or similar, able to process information;

18) "original" means that the object in question is the author's own intellectual creation;

19) "loan" is the Act of making available for use, for a limited period of time and not for direct or indirect economic or commercial advantage, of the original or a copy of the work or subject-matter of neighboring rights when this provision is made through establishments accessible to the public;

20) the "producer" of an audiovisual work or a phonogram is the natural or legal person who takes the initiative and responsibility for making the work or phonogram;

21) a "computer program" is a set of instructions expressed in words, codes, signs or in any other form, that is capable, when incorporated in a medium that the computer can read, make a computer to run a task or obtain a specific result, as well as the material prior to the design of this set of instructions, if the nature of the previous material is such that on the basis of this material before you can set the set of instructions mentioned;

22) "published" is refers to a work or object of neighboring rights of which have been made available to the public a reasonable amount of copies for sale, loan, rent or other forms of transfer of ownership or possession of the copies, with the condition that the making available to the public has been carried out with the consent of the author or other owner of copyright or the owner of neighboring rights;

23) "broadcasting" is the wireless transmission for public reception of sounds or of images and sounds or of the representations of these; a transmission for URsatèl.lit is also a broadcasting; the transmission of coded signals is "broadcasting" where the means for decrypting are provided to the public by the broadcasting organization or with its consent;

24) "reproduction" is the Act of making one or more copies, tangible or intangible, of a work or object of neighboring rights in any form or way.

25) "cable retransmission" is the simultaneous broadcast, not modified or abridged, by a cable or microwave system for reception by the public of an initial transmission by wire or wireless means, including the made by URsatèl.lit, radiodifosos programs with the intention of being received by the public;

Chapter II. Author's rights Article 2 Works 1) literary and artistic works are original productions in the literary and artistic domain and include, in particular: to) books, articles, computer programs, both in source code and object code, and other writings;

b) parliaments, conferences, speeches and other oral works;

c) dramatic works, pantomimes, choreographic works, dramaticomusicals works and other works created for stage productions;

d) musical works, with or without accompanying words;

e) audiovisual works;

f) works of drawing, painting, sculpture, lithographs, engravings and other works of fine arts;

g) photographic works;

h) works of architecture;

I) works of applied art;

j) illustrations, maps, plans, sketches and three-dimensional works on geography, topography, architecture or science.

2) the works are protected by the mere fact of their creation and irrespective of their mode or form of expression, as well as of their content, quality and purpose. The protection is not subject to any kind of formality, such as the registry, the marking of copies or other.

Article 3 American derivatives Works and compilations 1) The following productions are also protected as works: a) originals, original adaptations, arrangements and other transformations of original works; and b) compilations of works and compilations of simple data (databases), no matter if you are in a form readable by a machine or in another form, as long as these compilations are original by reason of the selection or arrangement of their contents.

2) the protection of any work referred to in paragraph 1) of this article is effective notwithstanding the protection, if any, of a preexisting work used to make this work or that is incorporated.

Article 4 subject matter not protected 1) The protection of the rights of author extends to expressions and not to any idea, procedure, system, method of operation, concept, principle, discovery or mere data, not just in the case you are or are expressed, described, explained, illustrated or embodied in a work.

2) Any legislative, administrative or judicial nature's official text, nor any official translation your are protected by this law.

Article 5 economic 1) subject to the provisions of section 2) of this article and of articles 7 to 17, the author or any other owner of copyright in a work has the exclusive right to authorize the following acts: a) the reproduction of the work;

b) the translation of the work;

c) the adaptation, the arrangement or any other transformation of the work;

d) distribution of the original or a copy of the work to the public by means of sale, rental, loan or any other form of transfer of ownership or possession;

e) the public display of the original or a copy of the work;

f) the public performance of the work;

g) broadcasting of the work;

h.) the rebroadcasting or retransmission by wire of the works;

and) any other public communication of the work.

2) the provisions of paragraph 1) d) of this article are not applicable in relation to computer programs when the program itself is not the essential object of the Act of distribution.

Article 6 moral rights 1) the author of a work, regardless of their economic rights, and even in the case that it is not or is no longer the owner of fingers rights, has the right to: a) to claim authorship of his work, in particular, the


the right to the name, whenever feasible, indicated on the copies and in connection with any public use of his work;

b) oppose any distortion, mutilation or other modification, all other action menystenidora in relation to their work, which is harmful to the honour or his reputation.

2) none of the rights mentioned in paragraph 1) of this article is not transferable during the lifetime of the author, but the right to exercise any of these rights is transferable mortis causa.

3) the author and, after his death, the natural or legal person who is the right to exercise their moral rights, as established by section 2) of this article, you can give up any of the rights mentioned in paragraph 1) of this article, provided that the waiver is in writing and specify clearly the right or rights to which waiver and the case or cases in which the waiver is applicable.

Article 7 private Reproduction for personal purposes 1) however the provisions of article 5.1) in), and in accordance with the provisions of sections 2 to 6) of the present article) the private reproduction in a single copy of a published work, in which the reproduction is made by a natural person exclusively for his own private and personal use, including such use within the normal circle of family and its social acquaintances , is permitted without the authorization of the author or any other owner of copyright in the work.

2) the permit mentioned in paragraph 1) of this article does not extend to reproduction) of a work of architecture in the form of a building or other construction;

b) when the reproduction is a reprographic a whole book, or of a substantial part of this, or a musical work in graphic form;

c) of a computer program, except that articles 12 and 13;

d) an electronic database, except that the provisions of article 14;

e) of any work on cases in which the reproduction can conflict with the normal exploitation of the work or in some other way can damage is not reasonable the legitimate interests of the author or any other owner of copyright in the work.

3) When the reproduction referred to in paragraph 1) of this article affects an audiovisual work or a work incorporated in a phonogram, the author or any other owner of copyright — along with the performers and producers of phonograms or their successors, according to the provisions of article 32.2)-have the right to equitable remuneration.

4) must pay an equitable remuneration to) the manufacturer of equipment or supports materials used normally for the private reproduction for personal purposes of the works referred to in paragraph 3) of this article, except in the case that this material or these materials supports are exported, or b) those who care about this equipment or materials, except when the import is a private person for their personal purposes.

5) The equitable remuneration referred to in paragraph 4) of this article must be collected by a collective management society. A lack of agreement between the representatives of the manufacturers and the importers, on the one hand, and the collective management society, on the other hand, the amount of the equitable remuneration and the conditions of its payment may be fixed by the Arbitration Commission of the Copyright Office.

6) the society of collective management should distribute the remuneration mentioned in paragraph 5) of this article to the authors and other owners of copyright in those works referred to in paragraph 3) of this article, for which, given the circumstances, it can be presumed that they have been the object of private reproduction mentioned in section 1) of this article, and to the performers and producers of phonograms or their successors mentioned in article 32.2). A lack of agreement between the various groups of authors and other owners of copyright and/or performers and producers of phonograms or their successors on the proportions of the parts of the equitable remuneration to be distributed among them, these proportions may be set by the Arbitration Commission of the Copyright Office.

Article 8 Quote however the provisions of article 5.1) to), the reproduction of a short part of a published work, in the form of citation, in another work, is permitted without authorization from the author or any other owner of copyright in the work from which the quote is extracted, provided that this reproduction is in accordance with honest uses and its length does not exceed the limits in the purpose. The citation must be accompanied by an indication of its source and the name of the author if your name appears in the work of which is extracted the citation.

Article 9-free for education 1) Notwithstanding the provisions of article 5.1) to), the following are permitted without the authorization of the author or other owner of copyright in the work: a) the reproduction of a short part of a published work, as an illustration, in written or Visual or sound recordings for teaching, provided that such reproduction is compatible with honest uses and that its size does not exceed the limits which justify the purpose;

b) the reprographic of a published article or other work soon or a short extract of a letter, with or without illustrations, for face-to-face teaching in educational institutions the activities of which do not serve direct or indirect commercial profit, within the boundaries that justify the purpose, provided that the Act of reproduction is an isolated act that, if repeated , is sometimes separated and not connected among them.

2) in any copy made as provided in paragraph 1) of this article, you should indicate the source and the name of the author, provided that it is viable.

Article 10 Free reprographic by libraries and archives but the provisions of article 5.1) to), any library or archive where the activities do not have a direct or indirect profit-making purpose may, without the authorization of the author or any other owner of copyright in the work, make a single copy of the work by reprographic in the following cases : in) when the work reproduced is a published article or other work soon or a short extract of a letter, with or without illustrations, and when the purpose of the reproduction is to satisfy the demand of an individual,


as long as the library or the file has the conviction that the copy will be used solely for the purpose of private study, scholarship or research, and that the Act of reproduction is an isolated case which, if repeated, is sometimes separated and not connected with each other; or b) when this copy is made in order to preserve and, if necessary (in the case that has been lost, destroyed or have become unusable), replace a copy, or to replace, in the permanent collection of another similar library or archive, a copy of which has been lost, destroyed or have become unusable, provided that it is impossible to obtain such a copy in a reasonable and that the Act of Reprographic is an isolated case that If it is repeated, is sometimes separated and not connected among them.

Article 11 for informational purposes but Not use the provisions of article 5.1) in), d), g), h) and i), the following acts are permitted without the authorization of the author or other owner of copyright of the work, subject to the obligation to indicate, whenever feasible, the source and the name of the author: a) the reproduction in a newspaper or any other periodical and broadcasting , rebroadcasting, retransmission by cable or any other public communication, in an article published in a newspaper or periodical on current economic, political or religious topics or a radiodifosa of the same character; This permission does not apply in cases where the right to authorize the reproduction, broadcasting, rebroadcasting, retransmission by cable or any other public communication is expressly reserved by the author or other owner of copyright in the work;

b) reproduction, broadcasting, rebroadcasting, retransmission by cable or any other communication to the public, for the purpose of reporting current events, of short fragments of a work seen or heard during this event, within the boundaries that justify the purpose mentioned;

c) the reproduction in a newspaper or any other periodical, and broadcasting, rebroadcasting, retransmission by cable or any other public communication of a political Parliament, a Conference, a speech or any other work of a similar nature delivered in public, or a speech pronounced during a judicial process, within the boundaries that justify the purpose of providing current information.

Article 12 Free reproduction and adaptation of computer programs 1) Notwithstanding the provisions of article 5.1)) and c), playing a copy or adaptation of a computer program are allowed without the permission of the author or any other owner of copyright, by the legitimate acquirer of a copy of this computer program, provided that the copy or adaptation may be necessary for : a) the use of the computer program in conjunction with a computer, for the purpose and within the limits for which it has acquired computer program, including the correction of errors in the program; or b) the replacement of the copy lawfully possessed of the computer program, in the event that the legitimately acquired copy of the computer program has been lost, destroyed or have become unusable.

2) however the provisions of article 5.1) to), the lawful user of a computer program is entitled, without the authorization of the author or other owner of rights of the author, to observe, study or test the functioning of the program in order to determine the ideas and principles underlying any element of the program, if it does so while performing any of the acts of loading , display, perform, transmit, or store the program that he is entitled to do.

3) none of the copies or adaptations mentioned in paragraph 1) of this article must be used for any other purpose than those which are determined in section 1), and any of these copies or adaptations must be destroyed in the event that continued possession of the copy of the computer program ceases to be lawful.

4) the acts allowed according to paragraph 1) b) and subject to paragraph (2)) of this article may not be prevented by contract.

Decompilation of computer programs-free article 13 1) Notwithstanding the provisions of article 5.1)) and c), the authorization of the author or other owner of copyright is not required if the reproduction of the code of a computer program or the translation of its form are indispensable to obtain the information necessary to achieve compatibility of a computer program, independently created with other programs, provided that they give all of the following conditions: a) these acts are performed by the licensee or by another person who has the right to use a copy of a program, or by a person authorized to do so on behalf of them;

b) that the information necessary to achieve the compatibility has not been previously available for easy and affordable for the people authorized to reproduce or translate; and (c)) that these events are limited to the parts of the original program which are necessary to achieve compatibility.

2) the provisions of paragraph 1) of this article do not allow the information gathered to be applied: a) to be used for goals other than to achieve the compatibility of the independently created computer program;

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

c) is used for the development, production or marketing of a computer program substantially similar in its expression, or for any other Act that violates the rights of author.

3) permission according to paragraphs 1 and 2)) of this article do not extend to the reproduction of computer programs in cases in which the reproduction comes into conflict with a normal exploitation of the computer program or in some other way harm considerably the legitimate interests of the author or other owner of copyright, of the program.

4) the reproduction and translation allowed sections 1) 3) of this article may not be prevented by contract.

Article 14 use of databases 1) Notwithstanding the provisions of article 5.1), the authorization of the author or other owner of copyright in a database is not required if any of the acts listed in article 5.1) is performed by the lawful user of a database or of a copy of this, as long as these acts are


necessary for the purposes of access to the contents of the database and normal use of the contents by the lawful user of the database.

2) if the lawful user is authorized to use only part of the database, paragraph 1) of this article is applicable only to that part.

3) acts permitted in section 1) of this article may not be prevented by contract.

Article 15 Distribution after the first sale 1) the right to authorize the distribution to the stipulations of article 5.1) d), subject to the provisions of section 2) of this article, is exhausted in respect of the original or a copy of the work that has been sold or the property has been transferred in some other form, in Andorra or in any country with whom Andorra has signed an agreement on Customs Union for the type of product in which the copy of the work is incorporated by the author or other owner of copyright, or with his authorization.

2) the right of the author or any other owner of copyright, to authorize the rental of the original and the copies of the work not terminated with sale of the original or the copy in question.

Article 16, however, display the Free article 5.1) e), the public display of the original or a copy of the work is permitted without the authorization of the author or other owner of copyright: a) with respect to a live public display (exposure) of a work, if the work has been sold or the property has been transferred in some other form to a natural or legal person for which the author or any other owner of copyright I knew--or had enough reason to know that such a live exhibition (exhibition) is part of their usual activities, or if the work has been published and exhibited a copy posted;

b) in any other case in which the public display does not come into conflict with a normal exploitation of the work and do not unreasonably considerably in any other way the legitimate interest of the author or any other owner of copyright.

Article 17 compulsory collective Management of the exclusive right of retransmission by cable 1) Notwithstanding the provisions of article 5.1) h), the exclusive right to authorize the retransmission by cable may only be exercised through collective management society created in accordance with article 34.1).

2) if the author or other owner of copyright has not transferred the management of their right to authorize retransmission by cable to the collective management society created in accordance with article 34.1), it is considered that this society of collective management is responsible to manage their rights.

Article 18 duration of copyright 1) subject to the provisions of paragraphs 2) through 7) of this article, the economic and moral rights are protected during the life of the author and for 70 years after their death.

2) in the case of a work of joint authorship, the economic and moral rights shall be protected during the life of the last surviving author and for 70 years after their death.

3) in the case of a collective work, the economic and moral rights are protected for 70 years from the date on which the work was first lawfully made available to the public or, if this event does not occur within 70 years following the year in which the work was made, since this was done. In the case of a collective work is published later with the indication of the name of the persons who created the work, will apply the provisions of paragraphs 1) or 2) of this article, depending on the case.

4) in the case of an audiovisual work, the economic and moral rights are protected during the life of the following individuals and for seventy years after the death of the last survivor: the principal director, the author of the screenplay, the author of the dialogue and the composer of music specially created for the audiovisual work.

5) in the case of a work published anonymously or under a pseudonym, the economic and moral rights are protected for 70 years from the date on which the work was first lawfully made available to the public, with the proviso that, if the pseudonym adopted by the author does not offer any doubt about their identity or prior to the expiration of the period mentioned in the author's identity is revealed or is no longer present any doubt , it will apply the provisions of paragraphs 1) or 2) of this article, depending on the case.

6) the provisions of section 3) of this article shall apply mutatis mutandis in cases where, in accordance with this law, it is considered that the author is a legal entity. In this case if the natural persons who have created the work are identified as such in the versions of the work which are made available to the public, shall apply the provisions of paragraphs 1 and 2)) of this article.

7) In the case of works published in volumes, parts, brochures, delivery or episodes, in which the term of protection is calculated from the moment at which the work was first lawfully made available to the public, the duration is calculated for each copy separately.

8) all the periods set out in this article are calculated from the first day of January of the year following the event that gives rise to.

Article 19 and the original property of the economic rights 1) subject to the provisions of paragraphs 2) to 6) of this article, the original owner of the economic rights is the author who created the work.

2) with respect to a work of joint authorship, the co-authors are the original owners of the economic rights.

3) with regard to a collective work, the natural person or legal entity to the initiative and under the direction of which the work has been created should be considered as the author of the work.

4) with regard to a work created by an employee in the performance of his duties or following the instructions given by his employer, the pattern should be considered as the author of the work, unless it is established otherwise in a written contract.

5) with respect to an audiovisual work, the producer, the director and the composer of music specially created for the audiovisual work should be considered as co-authors of the work.

6) Are co-authors of an audiovisual work, as laid down in paragraph 5) of this article, they retain a right indispensable to obtain an equitable remuneration for the rental of the original and the copies of this work.

This right to obtain an equitable remuneration may be exercised only through a collecting society.

Article 20


Presumption of authorship and of representation of the author the individual whose name is indicated on a work as usual as the author, it is assumed, in absence of evidence to the contrary, that is the author of the work. This provision will be applicable even if the name is a pseudonym, in the event that the pseudonym does not offer any doubt as to the identity of the author.

Article 21 representation of rights in an audiovisual work 1) unless otherwise agreed otherwise, a production contract signed between the producer of the audiovisual work and the main controller should consider including a mandate to exercise the rights of exploitation of the audiovisual work, given by the principal conductor at the producer.

2) pre-existing works or works adapted are governed exclusively by contractual agreements between the producer and the owner of the rights.

Article 22 transfer of economic rights, economic rights, subject to the provisions of article 24, you can give. As a result of the assignment, the assignee becomes the owner of the economic rights transferred.

Article 23 1 Licenses) the author or any other owner of copyright can grant non-exclusive licenses or exclusive to others to carry out or to authorize that you make certain specific acts protected by his economic rights.

2) A non-exclusive license shall entitle the licensee to carry out the Act in question at the same time that the author or any other owner of copyright rights, and at the same time that any other possible non-exclusive licensees.

3) an exclusive license shall entitle the licensee to carry out the Act in question, with exclusion of all others, including the author or any other owner of copyright.

Article 24 the form of the assignment and the exclusive license any assignment of an economic law and granting of an exclusive license are valid only if they are the subject of a written contract.

Article 25 transmission of ownership of the original or a copy of a work if the author or other owner of copyright conveys ownership of the original or a copy of the work, is not considered, unless stated otherwise in the contract of transfer, that has given no economic law, or who has granted no license to perform any of the acts protected by these economic rights.

Chapter III. Neighboring rights Article 26 Acts requiring the authorization of the performers 1) subject to the provisions of paragraphs 2 and 3)) of this article and of article 32, a performer has the exclusive right to authorize any of the following acts: a) the broadcasting or other communication to the public of their interpretation or execution, except and) if the broadcasting or other communication is made from a fixation of the performance that is not a goal made in accordance with the provisions of the article 32,1); or ii) if the interpretation or the execution is by itself a radiodifosa performance or a performance that is communicated to the public by wire;

b) the fixation of their interpretation or their execution is not fixed;

c) the direct or indirect reproduction, in any form or way, of their interpretation or execution: i) fixed in a phonogram, or ii) posted without their permission.

d) the distribution of fixing their interpretation or their execution is fixed in a phonogram and/or copies of this to the public by means of sale, rental, loan or any other form of transfer of ownership or possession;

e) making available to the public of their interpretation or their execution is fixed in a phonogram, by wire or wireless means, in such a way that members of the public can have access from the place and at the time that individually choose.

2) the right of distribution established in section 1) d) of this article, except for the rental of the fixation or their copies, is exhausted with respect to any fixation of a performance or a copy of this that has been sold or the property has been transferred in some other way by the performer or by his successor in title, or with the authorization of the performer or his successor in Andorra or in any country with whom Andorra has signed an agreement on Customs Union for the type of product in which the fixation or copy are included. The exclusive right of the performer to authorize the rental of the fixation or copy of a phonogram continues to exist after the sale of the fixation or the copy of the phonogram.

3) the rights set out in this article are protected from the moment in which takes place the interpretation or the execution until the end of the fiftieth calendar year following the year in which the interpretation or the execution has taken place. However, if a fixation of a performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire at the end of the fiftieth calendar year following the year in which the first event of these has taken place.

Article 27 rights of performers article 6 provisions on moral rights of authors in respect of their works are applicable mutatis mutandis to performers in respect of their live acoustic performances or performances fixed in phonograms. Moral rights of performers are protected during the period established in article 26.3).

Article 28 Acts requiring the authorization of the phonogram producers 1) subject to the provisions of section 2) of this article and of article 32, the producer of a phonogram has the exclusive right to authorize any of the following acts: a) the direct or indirect reproduction of the phonogram, in any form or way.

b) the distribution of the phonogram and the copies of this to the public by means of sale, rental, loan or any other form of transfer of ownership or possession;

c) making available to the public of their phonograms, by wire or wireless means, in such a way that members of the public can gain access from the site, and in the time that they choose individually.

2) the right of distribution established in paragraph 1) b) of this article is exhausted after the first sale in the Principality of Andorra or in any country with whom Andorra has signed a Customs Union agreement that


include the type of product in which the phonogram or their copies are incorporated, on behalf of the owner of the rights or with his consent, except for rental of the phonogram and their copies.

3) the rights set out in section 1) of this article are protected from the date on which it becomes the phonogram to the end of the fiftieth calendar year following the year in which the phonogram. However, if a phonogram is lawfully published or lawfully communicated to the public within this period, the rights shall expire at the end of the fiftieth calendar year following the year in which the first event of these has taken place.

Article 29 equitable remuneration for the use of phonograms 1) If a phonogram published for commercial purposes, or a copy of such phonogram, is used for broadcasting, rebroadcasting, retransmission by cable or by any other public communication, or is interpreted or executed publicly, the natural or legal person who carries out this Act must pay the producer a single equitable remuneration for the artist or the performers and the producer of the phonogram.

2) unless otherwise agreed otherwise between the performers and the producer, half of the amount received by the producer in accordance with paragraph 1 of this article shall be paid by the producer to the artist or the performers.

3) the right to equitable remuneration laid down in this article shall subsist during the same period that the rights set out in articles 26 and 28, respectively.

4) for the purposes of this article, phonograms made available to the public by wire or wireless means, in such a way that members of the public can gain access from the site, and in the time that they choose individually, they must be considered as if they had been published for commercial purposes.

Article 30 Acts requiring authorization of broadcasting organizations and of organizations that communicate your own programs by wire 1) subject to the provisions of article 32, a broadcasting organization, or an organization that communicates your own program to the public by wire, has the exclusive right to authorize any of the following acts: a) the rebroadcasting of its broadcast , or broadcasting or rebroadcasting of its program access by wire;

b) the cable retransmission of their broadcast, or your program connected by wire;

c) the fixation of its broadcast, or your program connected by wire;

d) the reproduction of a fixation of its broadcast, or your program connected by wire;

e) the distribution to the public of its broadcast, or your program connected by wire, by means of sale, rental, loan or any other form of transfer the property or possession.

2) the right of distribution provided for in section 1) e) of this article, except for the rent fixing and copies of this, ceases to exist with regard to a fixation of a broadcast, or in a program statement by wire, and any copy of this that has been sold or the property has been transferred to some other form for the broadcasting or the organization that communicates your program by wire , or his successor in title, or with the authorization of the organization or its successor in title, in any country. The exclusive right of the broadcasting organization, or organization that communicates its own programs by wire, to authorize the rental of his issue, or his program, and copies of this, continues to exist after the sale of the fixation or of a copy of this.

3) the rights mentioned in this article are protected from the moment in which takes place the first broadcasting, or communication by wire, until the end of the fiftieth calendar year following the year in which the first event of these has taken place.

Article 31 Acts requiring the authorization of the publishers of works not previously published 1) every person who, after the expiry of the protection of the rights of author, publish or communicate to the public a previously unpublished work for the first time benefit from a protection equivalent to the economic rights of the author.

2) the rights set out in section 1) are protected from the publication or communication to the public until the end of the twenty-fifth calendar year following the year in which the first event of these has taken place.

Article 32 limitations to the protection of neighboring rights 1) subject to the provisions of paragraphs 2 and 3)) of this article, the provisions of articles 26 to 31 do not apply if the acts mentioned in these articles are related to one of the following cases: a) the use by a natural person exclusively for his own personal purposes;

b) the use of a short excerpt for the purpose of reporting current events, to the limits justified by the purpose of providing current information;

c) use for the sole purpose of classroom learning or for scientific research;

d) when, in accordance with the provisions in chapter II, a work can be used without the authorization of the author or other owner of copyright.

2) performers and producers of phonograms, and their successors, have the right to equitable remuneration for the reproduction of their performances fixed in phonograms or their executions, and phonograms, respectively, for the use mentioned in section 1)) of this article.

With respect to this right to obtain equitable remuneration, the provisions of article 7.4) to 7.6) are applicable mutatis mutandis.

3) the provisions of article 17 apply mutatis mutandis to the rights of performers, producers of phonograms, broadcasting organizations, organizations that communicate your own programs by wire and the publishers of works not previously published, with the proviso that article 17 does not apply to the rights exercised by a broadcasting organization in respect of the retransmission by cable of their own issue.

Article 33 Assignment of economic rights and licenses the provisions of articles 22 to 25 are also apply mutatis mutandis with regard to the transfer of neighboring rights and licences granted on the basis of neighboring rights.

Chapter IV. Collective management of copyright and neighboring rights Article 34 Constitution and incorporation of the collective management society


1) will be by law a single collective management society, in the form of an entity of public law, that accomplish the tasks that are mentioned in article 35.

2) The Board of Directors of the entity of public law established according to paragraph 1) of this article should include a representation of authors and other owners of copyright, as well as representatives of the owners of neighboring rights in the proportions established by the statutes of the entity of public law.

Article 35 of the collective management society of collective management, in the name and on the basis of the authorization of the authors and other owners of copyright and/or neighboring rights owners who are members or to represent any other way, in particular under agreements with foreign collective management societies, you can accomplish the following tasks : to) give permission to third parties to carry out acts protected by exclusive economic rights administered;

b) raise quotas for the permissions mentioned in the letter a) and for the equitable remuneration for those cases in which this law provides for this type of remuneration;

c) distribute the quotas and the equitable remuneration in this way between the authors and other owners of copyright and/or neighboring rights owners involved.

d) take any legal action necessary for the execution of the rights managed;

e) perform any other action authorized, in accordance with the provisions in accordance with article 36, for the authors and other owners of copyright and/or owners of neighboring rights, or by bodies representing them, which manage the exclusive economic rights or rights to equitable remuneration.

Article 36 of the collective management society, The decisions on the methods and the rules of collection and distribution of fees and the equitable remuneration and on other important aspects of the collective management organization should take on the Board of Directors of the entity of public law, provided for in article 34, in accordance with its statutes.

Article 37 Obligations of the users of works toward the collective management society, those who carry out acts authorized by the collective management organization or acts for which, even if you don't need any authorisation, has to pay an equitable remuneration to a collective management society, must: a) to facilitate the monitoring, on the part of the representatives of the society of collective management , of the events or for which you have to pay an equitable remuneration;

b) give to the collective management society, if the required, all the information we have about the acts carried out in respect of the works and/or the objects of neighbouring rights in question.

Article 38 supervision of the collective management society of collective management must provide to the Government at least one copy of each of the following documents: a) amendment to its articles of association or the methods or rules mentioned in article 36;

b) all bilateral or multilateral agreement that affects the administration of rights of foreign authors and other owners of copyright and/or foreign owners of neighboring rights;

c) all resolution of the Board of Directors;

d) annual general balance, the annual report and the auditors ' report on the performance of the collective management society.

Chapter v. actions against injury to the rights of the owner of a copyright or neighboring right; procedural regulations Article 39 right to exercise an action; actions; procedural rules 1) The violation of any of the exclusive economic rights to equitable remuneration rights, or moral rights established by this law, as well as abuses committed in relation to technical means provided for in article 44 is an injury to the rights of the owner of copyright or neighboring right. Any injury to the rights of the owner of a copyright or neighboring right creates civil liability and/or penalty of its author.

2) the owner of the copyright or neighboring right can strike up to the judicial authorities in civil and/or criminal action appropriate against any person who harms their right, in particular: to instruct the offender) to stop damage the rights of the owner of copyright or neighboring right;

b) to obtain appropriate compensation for damages;

c) because they sort of commercial channels removed or destroyed without compensation the infringing goods, as well as the materials and instruments predominantly used for the creation of the infringing goods.

3) a) unless a contract for exclusive license otherwise, any exclusive licensee may require the owner of the copyright or neighboring right that boards relevant actions before the judicial authority against third parties that any infringement of the rights of the owner of copyright or neighboring right, which should specify the compensation that claims.

b) This exclusive licensee, if he proves that the owner of the copyright or neighboring right refused or left to fulfill your request within the period laid down in the rules of execution, you can engage in such actions in its own name, after notifying its intention to the owner of the copyright or neighboring right. The owner of the copyright or neighboring right can participate in the lawsuit.

c) If before the expiry of the period referred to in subparagraph (b)), the exclusive licensee proves that immediate action is necessary to prevent a serious damage, you can immediately urge the actions provided for in the said subsection.

d) All licensee can participate in the suit instituted by the owner of the copyright or neighboring right to ensure proper compensation for any damage suffered as a result of the injury, without prejudice to the actions that the licensee may urge directly.

4) civil actions arising from the infringement of the rights of the owner of the copyright or neighboring right are urging within the period of five years from the date on which the owner or, if this is the case, the exclusive licensee has had knowledge of the infringement and of the identity of the alleged offender.

5) the judicial authority imposes on the loosing part payment of the legal costs of the winning party, including counsel fees, unless you consider the matter doubtful.

Article 40 Compensation for damages 1) of the injury to the rights of the owner of copyright or neighboring right is responsible for its author, which is


forced to repair the damages caused to the owner or, where appropriate, by the licensee, if you knew or had reasonable grounds to know that it was dedicated to an offender.

2) compensation for damages should reflect not only the emerging damages caused in fact the owner of the copyright or neighboring right or, if this is the case, the licensee, but also the profits calculated in choice of the injured part, according to one of the following criteria: a) of the benefits that the owner of the copyright or neighboring right or If this is the case, the licensee, should be obtained from the use of the copyright or neighboring right if the right would not have been injured; or b) the profits made by the author of the injury caused to the right of the owner of copyright or neighboring right as a result of the injury.

Article 41 injunctive and preliminary proceedings 1) the judicial authority may prohibit by injunction, ordering the cessation of the acts that may damage the rights of the owner of copyright or neighboring right or order the Constitution of guarantees intended to ensure, where applicable, the compensation of the said owner or exclusive licensee and ordered it to take measures to preserve relevant evidence in respect of the violation alleged in..

2) The application for an injunction or for Constitution of guarantees established in paragraph 1) of this article is only supported if the underlying stock seems well-grounded and if it has been filed within a brief period counting from the day on which the owner of the copyright or neighboring right or, if this is the case, the exclusive licensee, has obtained knowledge of the facts on which it is based. The judicial authority may subordinate the cessation in the Constitution, to whom the injunction of guarantees to ensure the eventual compensation for the prejudice suffered by the person concerned in the event that it considers that the action is lacking in Foundation.

3) the measures established in paragraph 1) of this article may be ordered ex parte by the judicial authority, without listening to the other party, in particular when any delay caused probably irreparable damage to the injured party, or when it can prove a risk of evidence being destroyed.

4) If, according to paragraph 3) of this article, has agreed to a provisional measure without listening to the part, the judicial authority shall notify without delay the agreement.

In any case, the part affected by the provisional measure may be opposed to it and the judicial authority has to decide without any other procedure, if the move is confirmed, amended or revoked. This decision, whether it's the mayor who has dictated, it appeals to appeal.

5) if the owner of the copyright or neighboring right or, if this is the case, the exclusive licensee, not exercise the main action within the period of 20 working days or 31 calendar days – which expires later-from the date on which the owner or, if applicable, the exclusive licensee received the notification of the provisional measure , or in that other period determined by the judicial authority which has agreed to the measure, the injunction is without effect, without prejudice to compensation for damages which may be claimed by the party affected by the injunction.

6) If a provisional measure is revoked or ceases to have effect, or if you discover later that there is no violation of or risk of violation of copyright or neighboring right, the judicial authority may, at the request of the party affected by the provisional measure, who has urged the provisional measure indemnitzi the part affected by the harm caused , including counsel fees.

7) subject to the conditions of any provisional measure established in this article, the owner of the copyright or neighboring right, or if this is the case, the exclusive licensee, has the right to proceed at any site, on the part of the judicial authority, assisted by experts of its choice, either the detailed description, with or without sampling , either in the actual abduction of goods that violate their rights.

Article 42 withholding at customs 1) subject to the conditions of any provisional measure established in article 41, the owner of the copyright or neighboring right, or if this is the case, the exclusive licensee, has the right to request the judicial authority to order the retention by the customs administration of the goods, even if they are in transit, that the owner or exclusive licensee believes that violate their rights.

2) the judicial authority, the person who has requested the retention according to paragraph 1) of this article and the declaring of the withheld goods shall be informed immediately by the customs administration, the withholding by the latter.

3) in the specific case of a withholding at the customs, the deadline for the article 41.5) for any provisional measure, happens to be ten working days from the date on which the person who has requested the retention according to paragraph 1) of this article received the notification according to paragraph (2)) of this article. In cases where it is relevant, the judicial authority may extend said time limit for ten working days more.

4) the person who requested the retention according to paragraph 1) of this article can be obtained from the customs administration, and by court order, the communication of the name, surname and address of the consignor, of the importer and the consignee of the goods retained, as well as their quantity.

5) the person who requested the retention according to paragraph 1) of this article and the importer are entitled to inspect the withheld goods, subject to compliance with the security measures established by the judicial authority to protect these assets retained.

6) the provisions of article 41.4) second and third sentences are applicable, mutatis mutandis, to all withholding at customs.

Article 43 Jurisdiction 1) without prejudice to the provisions in article 7.5) and 6) and in the other articles of this chapter V, civil judicial authority or, if appropriate, criminal law has jurisdiction of any litigation between individuals in relation to a copyright or neighboring right, in particular with regard to: a) all demand for precautionary measures or practice of preliminary proceedings;

b) all action for infringement of a copyright or neighboring right;

c) all action on the right to a copyright or neighboring right, over the ownership of a copyright or neighboring right, or a license contract;

2) all civil litigation that may arise in relation to this law and that are processed before the


ordinary jurisdiction, will initiate the criminal summary procedure.

3) Notwithstanding the provisions of paragraph 1) of this article, the parties may submit to arbitration, in particular, with regard to that provided for in article 7.5) and 6).

Article 44 abuses committed with regard to technical means 1) are considered abuses committed with regard to technical means the following: a) the manufacture, import, distribution or another offering to the public of any service or instrument or component thereof, the purpose or foreseeable effect of which is to prevent, eliminate or ease the fact of avoiding or eliminating any instrument or means intended to prevent or inhibit the unauthorized exercise of any of the rights set forth in this law;

b) the manufacture, importing for distribution to the public by sale or rental, and the distribution of all instrument or medium that can enable or facilitate the reception of an encrypted program, which is disseminated or communicated to the public otherwise, on the part of those who are not allowed to receive the program.

c) removing or altering any electronic rights management information without the corresponding authorization, as well as the distribution, importation for distribution, broadcasting, communication or making available to the public, without authorization, of works, performances, copies of fixed performances or phonograms knowing that electronic rights management information has been removed or altered without authorization.

2) on the application of the provisions of this law, any illegal means and instrument mentioned in paragraph (1)) of this article must be assimilated to infractores copies of works and objects of neighbouring rights.

Chapter VI. Scope of application of the Law Article 45 Ambit of application of literary and artistic works, the provisions of this law on the protection of literary and artistic works are applicable in the following cases: a) works of authors or other original owners of copyright that they are nationals of Andorra or that are organized according to the laws of Andorra or have their residence or their head office in Andorra;

b) the first publication of the work which is done in Andorra, regardless of the nationality or residence of the authors, including works published for the first time in another country but also published in Andorra within the period of thirty days;

c) audiovisual works the producer of which is the head office or residence in Andorra; and works of architecture erected in Andorra) and other artistic works incorporated in a building or other structure located in Andorra.

Article 46 Other areas of application 1) the provisions of this law on the protection of performers shall apply to the following cases: a) to performers who are nationals of or residents in Andorra b) to performers who are not nationals of or residents in Andorra but the interpretations or executions of which: i) take place in the territory of Andorra; or ii) are incorporated in phonograms that are protected by this law; or iii) have not been fixed in a phonogram but are contained in broadcasts or original programs press releases by wire that receive protection under this law.

2) the provisions of this law on the protection of phonograms shall apply to the following cases: a) Phonograms the producers of which are nationals of Andorra or are organized according to the laws of Andorra, or have their residence or their head office in Andorra;

b) Phonograms of which the first fixation of sounds was made in Andorra;

c) phonograms published for the first time in Andorra, regardless of the nationality or the residence of their producers, including phonograms published for the first time in another country but also in Andorra within the period of thirty days.

3) the provisions of this law on the protection of producers of audiovisual fixations in respect of their fixations are applicable mutatis mutandis to the cases which are mentioned in paragraph 2) of this article.

4) the provisions of this law on the protection of broadcasts and programmes communicated to the public by wire are applicable in the following cases: a) broadcasts of broadcasting organizations and programs of organizations that describe their own programs to the public by wire, the headquarters of which is located in Andorra; and b) broadcasts transmitted from transmitters situated in Andorra, and programmes reported by wire from a place in Andorra.

5) the provisions of this law on the protection of previously unpublished works, publishers are applicable to publishers who are nationals of or that are organized according to the laws of Andorra or have their residence or their head office in Andorra.

Article 47 Scope of application by virtue of international agreements by virtue of international agreements on the matter, in which the Principality of Andorra is a part, the provisions of this law are applicable to: a) works which have to be protected in Andorra under and in compliance with these agreements b) performers, and producers of phonograms, producers of audiovisual works, the broadcasting organizations , organizations that communicate your own program by wire, and publishers of works not previously published, that must be protected under or in accordance with these agreements.

Article 48 the territory of Andorra by virtue of international agreements on the matter, in which the Principality of Andorra is a part, the mentions of this law concerning the Principality of Andorra shall apply to any other territory in compliance with the international agreements on the matter, that the Principality of Andorra is part of it.

1 transitional provision) the protection established in this law is also applicable to works and other objects of neighbouring rights that existed at the time of entering into force of this law and that at the time of entering into force of this law have not been in the public domain due to expiration of the term of protection which was previously granted.

2) the protection established in this law is applicable, in addition to works and other objects of neighbouring rights that existed at the time of the accession of the Principality of Andorra effective in an international agreement that regulates the protection of copyright or neighboring rights, provided that on that date the work or the subject-matter of neighboring rights not


become public domain in their country of origin due to the expiration of the term of protection, and that at the time of the accession of the Principality of Andorra effective the work or the subject-matter of neighboring rights will not have been in the public domain due to expiration of the term of protection which was previously granted.

Repealing provision on the entry into force of this law, is repealed in all its contents the Decree on literary and artistic property of 25 June 1971.

It is equally repealed all other previous policy of equal or lower rank, in everything that is opposed to the content of this.

First final provision the Government will approve the regulation of implementation of this law and any other provision required for the establishment and the application of this law.

Second final provision this law shall enter into force the day after the date of its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, 10 June 1999 Francesc Areny Casal Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Jacques Chirac Joan Martí Alanis, President of the French Republic the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra