LAW 25 January 1991 8 (published February 4, 1991)
protection of copyright
We the Captains Regent of the Most Serene Republic of San Marino
promulgate and publish the following law approved by the Council Great and General
the meeting of 25 January 1991.
TITLE I provisions on the purchase and ownership of copyright
Chapter I: copyright
5 | Art.1 ||
the author of a work protected buys the copyright for the mere fact of creation of the work.
The copyright is a property right intell ttuale that involves the moral protection and the right to
equity, with the economic utilization faculties deriving from it, provided for by this Act
.
The copyright is granted for all protected works, regardless of their kind, form of expression
, destination, about, and by their value int inseco, aesthetic and artistic. 5
Art.2 The work protection begins from the moment of creation.
The work is considered created, independently of any publication or disclosure, by the mere fact of
realization, also unfinished, the author's conception.
The unfinished works are protected to the extent of their implementation. 5
Art.3 The author acquires the rights conferred by the present law even when the work is created by him on
commission or under other contractual relationship. 5
Art.4 The copyright is independent of the material properties of the object.
The material of the object owner is not invested, by the mere fact of such ownership,
of any of the rights under this law.
The copyright does not interfere with the right to the material properties of the object and with the faculties to
related thereto; that property right does not prevent the exercise of actions in defense of copyright
as envisioned by this legg.
Chapter II: Works 5
Art.5 the following original works are protected:
a) works of literary, dramatic, musical or rtistico;
B) sound recordings and audiovisual works;
C) models and drawings. 5
Art.6 The works in the literary character are protected regardless of whether written or oral
expression and include, inter alia:
a) the words and texts intended to be sung or recited in the context of musical works or
accompanying them;
B) works expressed by means of conventional signs or numerical formulas;
C) computer programs. 5
Art.7 The works in theatrical nature also include the oper choreographic or pantomime, although
meant to be represented or performed in conjunction with a piece of music or accompaniment to
it. 5
Art.8 The works include musical character to the music of any kind and intended for
performed by any means. 5
Art.9 are in artistic works graphic works, photographs, sculptures and any combination of the previous
, as well as the works of architecture and drawings, plans, models or other representations of the same
.
The graphic works include the works of painting, the art of drawing, engraving and similar figurative arts
, including stage sets and theater sketches, even if done with the help of
mechanical or electronic means.
The sculptures include the casts, models and sketches.
It intend for photographs all forms of impression of visible light or other radiation to
half of which is reproduced or can be reproduced by any method or device
an image, and that do not constitute part of an audiovisual work.
The architecture works include the real estate, even if intended to be dismantled or
removed after a short time and their parts and ornaments. 5 Art.10
Are for sound recordings and reproductions of sound recordings, including reproduction
or total or partial recording of a work in carttere literary, dramatic or musical, that they are
reproducible in sound shape regardless of the media on which is carried out
recording or playback method. 5
Art.11 shall mean audiovisual recordings and reproductions, made by any
methodology and with the use of any support, of moving images accompanied or not
by sounds. 5
Art.12 shall mean models and drawings configurations of products industry and that
give to both the form for a particular combination of lines, or colors, a special
ornament or utility their products.
The models and drawings include topographies of semiconductor products. 5 Art.13
Are for topographies of semiconductor products a series of images related to each other,
regardless of the nature of their representation and support on which are fixed, which represent
the three-dimensional configuration of the layers that make up a product
semiconductor and each of which reproduces the design of, or part thereof, of a product to a semiconductor
any stage of development or manufacture.
Shall mean any semiconductor product product composed of a substrate and from one
surface layer of semiconductor material and constituted by one or more 'layers of insulating material,
semiconductor material or conductive material, arranged in accordance with a
predetermined three dimensional configuration and primarily intended to perform an electronic function.
Chapter III: Derivative Works 5
Art.14 The works derived from existing work are protected in chief to the author, regardless
and without prejudice to the copyright on works or iginarie.
The provisions of the preceding paragraph shall affect the rights conferred on the author of the original
by this law and, in particular, the following Article 28 c). 5
Art.15 Derivative works also include the translation, adaptation, processing and
processing of existing works, as well as the works resulting from the meeting or by the contribution of other
works or parts of them, or by modifications or additions to the original work. 5 Art.16
They are also protected, to the extent that they have original character, the title and the presentation of works
.
It 'unlawful use of titles and work presentations, although the expiry of the terms of protection
, to locate a work of the same kind in conditions likely to generate
confusion.
Chapter IV: Authors 5
Art.17 E 'regarded author, unless proved otherwise, the person who is identified as such in the customary manner in the work
disclosure.
The author considers also indicated when the work v nga disclosed under a pseudonym, initials or customary sign
known to identify the 'identity of the person. 5 Art.18
The authors of anonymous or pseudonymous works are recognized all the rights conferred by this
law.
With the exception of the case provided for in the second paragraph of 'Article earlier, these authors, up to
moment you are not disclosed, are represented in the exercise of the right to economic exploitation
attributed by law d' author from the one who made the original disclosure of the work
.
They are in any case safeguarded the rights of third parties acquired before the revelation. 5 Art.19
The anonymous or pseudonymous author of the work has the right to be at all times, even in the form
testamentary.
The revelation it can also be made by his heirs or assigns. 5 Art.20
The copyright on the work collective, created with the contribution of more 'people, belongs in common to all co-authors
.
It 'also considered author, when the realization of a collective work is the result of
activity organized and directed by contract, the one who organizes and directs the creative activity. 5
Art.21 For the purposes of the exercise of right to economic exploitation attributed to copyright, the work collective
you consider shared ownership of all the co-authors.
Unless otherwise agreed in writing under test, the parts are considered of equal value.
Each of the coauthors may exercise their individual moral rights; yet he can not
without cause oppose disclosure, modificaz one or transformation of the work that has been
accepted by the other co-authors representing the majority of the work ownership shares.
If individual contributions are separable each author also has the exclusive right
on the work resulting from their contribution.
In the exercise of that exclusive right the author must not affect collective work. 5 Art.22
The original author of the work is not considered aut King opera derived
if you did not participate in its creation. Cape
V: Authors of audiovisual works and sound recordings 5
Art.23 Without prejudice to the provisions of Article 20 of this Law, are considered co-authors of the audiovisual work
, unless proved otherwise, to the authors of the subject, the script, the
dialogues, original music, as well as the director.
Notwithstanding the preceding Article 22, whenever the audiovisual work is derived
From existing work which, at the time of the audiovisual work cr action
is still protected by copyright, the authors pre-existing work are assimilated to the authors of the work derived
. 5
Art.24 Notwithstanding the provisions of the second paragraph of Article 20, the audiovisual work producer
he is not considered the author of.
Shall mean the natural person or manufacturer juridico es that takes the initiative and responsibility for
its development. 5
Art.25 The provisions of Article 24 shall apply by analogy to sound recordings and to
performances of dramatic and musical works of literature. 5 Art.26
Notwithstanding the fourth paragraph of article 21, the authors of the subject, the script and the
soundtrack of an audiovisual work can not use their contributions in a '
other work of the same kind without the consent of the producer. TITLE II
Content copyright
Chapter I: Moral Law 5
Art.27 The copyright moral right consists of the author's right to respect for its quality and integrity of the work
.
This right is personal, perpetual, inalienable and imprescriptible, and is transmitted by inheritance
to the heirs or legatees of the author and their successors.
If the heirs, legatees and their successors are not known or have not accepted
the inheritance or the legacy, the moral rights is attributed collectively to Sammarinese people and is exercised by the Secretary
Affairs of the Inter State. 5 Art.28
The moral law includes among other things the author's right to:
a) not to disclose the work;
B) to claim authorship of the work and act against all usurpation of the same by third parties;
C) to object to any distortion, transformation and processing of the work not authorized by him;
D) oppose all uses and acts on the offensive work of his reputation and his honor
;
E) claim, without prejudice to the right to disclose the work anonymous or pseudonymous work,
not to be mentioned as the author in the cases provided for in the third paragraph of the previous
Article 21, the second subparagraph of Article 62 and Article 79;
F) to withdraw the work from the disclosure in the manner and under the conditions provided by this law. 5 Art.29
The author or co-author of the audiovisual work that refuses to complete his contribution to the work or
who is unable to complete it can not oppose ' use by the manufacturer, the
end of the completion of the work, of that part of his contribution that has already been made.
Without prejudice to the moral rights of compensation, however, he can not claim to
be mentioned among the co-authors. 5 Art.30
The fact that the author is seeking not to be menzioat as such, no matter
forfeiture or limitation of copyright.
They are, in particular, safeguarded the option under Article 19 of this Law. 5 Art.31
The exercise of moral rights is independent reporting and without prejudice to the exercise of the right to economic utilization of natural rights and
p BALANCE SHEET author on 'Opera.
Chapter II: Economic exploitation of the work 5
Art.32 The author has the exclusive right to commercially exploit the work in any form and way.
This right includes inter alia the right to use the work, such as the playback option or
disclosure thereof. 5
Art.33 The right to the economic exploitation is transmissible, inter vivos or mortis causa,
globally or separately for each of the faculties that make it up. 5
Art.34 The right to the economic exploitation and tingue is the fulfillment of the protection period of the work
under this law.
Until the end of this period the right is unconditional and inalienable and can not do
subject to adverse possession, expropriation or executive acts.
The provisions of the preceding paragraph shall affect the rights and powers of claims by third parties on
amounts received or to be received by the author or his successors in return for acts of
available to the right of economic exploitation work. 5
The art.35 of use of the different faculties are independent.
The sale or license to third parties of any of them does not involve the sale or license of any other body or
of the right to economic exploitation.
Chapter III: Duration of protection 5
Art.36 Where not otherwise provided by the present gge, the works are protected for the duration
The author's life and for a period of fifty years from the end of the calendar year in cuie occurred
the author's death. 5 Art.37
If the work was created with the inseparable contributions of more 'authors, the period for protection
lasts until the completion of the fiftieth year after the end of the calendar year which the products
death of the last author.
If, conversely, the contributions of the individual authors are separable, the protection of each
contribution is determined in accordance with Article 36 in relation to the life of its author;
except as otherwise provided by this Act, the nl operates a whole is protected by
sixty years after the end of the calendar year in which they were the first disclosure of the same. 5 Art.38
If there occurs the hypothesis mentioned in the second paragraph of Article 17, the term of protection of pseudonymous and anonymous works
lasts until the fulfillment dl essantesimo following year
end of the calendar year in which took place the premiere of the disclosure.
If, however, before the expiry of that period, took place the author's revelation, the
of work protection period is determined in accordance with Articles 36 and 37. 5
Art .39
the protection period of the works disclosed after the author's death lasted for sixty years after
at the end of the year when the first disclosure of the work took place, as long as this occurs within
thirty years after the author's death. 5 Art.40
The protection period lasts of audiovisual works, regardless of the length of life
of the authors, until the completion of the fiftieth year following the end of the calendar year in which | || occurred the first disclosure of the work.
If, however, the work is not disclosed within fifty years from the date of its production, the
protection period expires upon the completion of the fiftieth year after the end of the calendar year in which it was
produced. 5 Art.41
The models and designs are protected for a period of fifteen years after the end of the year when took place
the first disclosure. 5 Art.42
The computer programs are protected for a period of ten years from the end
year when there was the first disclosure. 5
art.43 If the work is disclosed in separate parts the protection period is calculated separately for each part
from the year of its disclosure.
Chapter IV: Disclosure 5
Art.44 It is an act of disclosure of a work any act for which the work has been carried
known to the public, in particular as a result of representation or reproduction of
same.
The work made known shall not be deemed disclosed, non-profit,
by the author or his heirs or legatees in the ordinary circle of family and social relations. 5
Art.45 shall mean representation of the communication to the public of the work by any means and, in particular
, through the public recitation, execution, dramatic performance, the | || public presentation, public projection and transmission in place of issuing the public radio and television work
.
It intends to issue the broadcasting trasmisione by any means of telecommunication
of sounds, images, documents, data and messages of any kind.
It 'assimilated to the representation of the Broadcasting emission to a satellite. 5
art.46 The reproduction of the work consists in the establishment of a support material of any kind
enabling its communication to the public in an indirect manner so.
Playback can, in particular, made through the press, drawing, engraving, mold,
merger and any other proceedings of the visual and plastic arts, photography, cinematography and mechanics
registration or magnetic. 5 Art.47
The list of modes of representation and reproduction of a work referred to in Articles 45 and 46 of this Act
indicative and not exhaustive.
TITLE III Of the operating modes of the right to the economic exploitation
Chapter I: General Provisions 5
Art.48 The disposal of the right to economic exploitation the work and the right to use
this material should be in writing under penalty of nullity.
The provisions of the preceding paragraph shall not apply to the transfer material of the object, in the
extent that this does not involve the transfer, for whatever reason, to the transferee of any of the faculties of
economic use .
5 Art.49
The right to the economic exploitation it can be sold to third parties in return for payment or free of charge
.
The assignment of the right to the economic exploitation involves the transfer to the transferee of all
correlative faculties, unless this Act provides otherwise. 5
art.50 Except as expressly provided in this Act, it is void the sale of the right of
economic exploitation of future works.
And 'valid agreement in which the author undertakes, for a period not exceeding five years,
grant license to a third party, at predetermined conditions, of certain right to use works
future as long as the contract specifies individualment these faculties and the maximum number of works.
If the author does not reach us in creating the works stipulated in the contract by the deadline, the
contract itself is not solved, but the reward spettant author may be proportionally decreased
. 5
art.51 The contract of licensing to a third party out any of the of use of the faculty must
demarcate, under penalty of nullity, at least:
a) faculties covered by the contract;
B) the territorial scope of the use of such powers;
C) the time period for which the license is granted;
D) the consideration payable to the author:
Unless otherwise agreed, the dealer can not be transferred to third parties or sublicense the faculties the licensed
.
Chapter II: Contract of edition 5
ART.52 The publishing contract is a contract for which the author or his successors grant to a third party the right to carry
or initiate a number of specimens, contractually specified or ascertainable
, work against the efforts to ensure the dissemination and distribution commercial
.
Without prejudice to the provisions referred to in Article 51, the publishing contract must
indicate, under penalty of nullity, the minimum and maximum number of copies of the work that must be made and the date by
which the publisher agrees to start the distribution. 5
art.53 Unless otherwise agreed, the options provided by the publishing contract shall be construed exclusively licensed
publisher for the territorial scope contrattualment expected and for the duration of the contract. 5 Art.54
The author must guarantee the publisher the peaceful use of the possibilities provided by the publishing contract.
The author must, in particular, put the publisher in a position to realize and disseminate the work;
must be delivered to the publisher, within the agreed period, the edition object in a form that allows
normal implementation.
Unless otherwise agreed or impossibility of a technical nature, the issue object delivered by the author
remains the property of the latter; the publisher assumes responsibility for the proper preservation
from delivery up to a year after the successful realization. 5 Art.55
The editor must carry out the work in the agreed form and can not make any changes without
written permission.
The publisher must, unless otherwise agreed, affixed to each copy of the work the name, pseudonym or
's initials.
Without prejudice to any specific agreement on between the parties, the publisher is required to carry
the work and to begin its spread within a normal period; the publisher must also ensure
with the diligence of a representative spread continued work.
The obligations publisher are evaluated with regard to the normal use of the profession and art. 5
art.56 The author's fee can be expected to be at a flat rate in proportion to the revenues
publisher following the dll'opera spread.
If the consideration is estimated at a flat rate the author is not entitled to claim any additional compensation
by the publisher, unless the profits made by the latter on the diffusion of the work
are manifestly disproportionate the remuneration received by the author: in this case, ordinary
Judicial Authority may, by a judgment, ordered the publisher to pay
author a sufficient sum to bring the conditions which are fair.
The action referred to in the preceding paragraph must be made within the final deadline of two years from the date
premiere of disclosure and proof of iniquity manifests the compensation originally belong to the author perceived
.
The acceptance by the author of an offer of integration of the compensation from the publisher
preclude the action; likewise, if the action has already been lodged, the publisher may terminate the process
Presenting an offer of integration of the remuneration that is deemed appropriate and approved
ordinary Judicial Authority.
The approval decree shall be final and there constitute enforceable in favor of the author.
If the author's remuneration is established in proportion to the revenues earned by the publisher
following the dissemination of the work, the provisions of Articles 57 and 58. 5
Art. 57
unless the contract specifies a more 'short-term, the publisher is required to make the bill
least once a year.
The bill will give at least the number of copies made during the period,
specifying the date and the print run of each edition or reprint, the number of specimens in storage, both at the publisher and at
third, the number of specimens destroyed or unusable for fortuitous events or force greater
, the number of specimens transferred free of charge for promotional purposes, the number of
copies sold and their price, as well as the royalties due or paid to 'author.
The author has the right to control or have it checked by a third party, the accuracy of the statement made by the publisher
. 5 Art.58
If, during the term of the contract, the number of copies made by the publisher
is insufficient to meet the demands of customers, the publisher has to proceed with the
due diligence to the creation of additional copies, up to the maximum number specified in the contract
.
If, after the realization of the number boulders or specimens, remain dissatisfied with the work of requests
purchase, the publisher must proceed, on request of the author, to the realization of a large number
additional copies; in the absence of other agreement between the parties
, the number of such additional copies as King lizzare after each author's request
intends equal to one tenth of the maximum number of copies required by the contract and their | || Processing is done under the same contractual conditions originally foreseen.
If the publisher does not respond to the author's request within the period of use, the
edition contract is terminated due to the fault of the publisher. 5 Articles 59
The fees and royalties due to the author constitute a privileged claim on
publisher. 5
Art.60 The rights granted to the publisher shall lapse as of right on the expiry of the deadline by
contract, without requiring an act of formal notice from the author .
On expiry of the contract, the publisher shall, unless otherwise agreed, to proceed at his own expense to retire and
to the destruction of the unsold copies of the work, subject to the author's right to repurchase them at a
price determined by agreement or, failing that, by an expert appointed by
commissioner's Court at the request of the most 'diligent.
If, however, the author's remuneration has been determined in proportion to the revenues earned by the publisher
following the dissemination of the work, the publisher retains the right to continue
dissemination, to normal price, the remaining unsold copies of the work at the expiry of the contract
. 5 Art.61
And 'valid contract for which the authors give to the editor, for consideration, the right to collective economic exploitation
as a be king provided this
work is sufficiently differentiated from the contract.
If the individual contributions of the coauthors may be severed, the transfer of the right of exploitation of the work collective economic
does not involve the transfer of the right to economic exploitation
relating to the work consists of the single contribution.
Chapter III: audiovisual production Contract 5
The art.62 of the audiovisual work production contract matter, unless otherwise agreed, the transfer
to the manufacturer of the right of economic exploitation the work as a whole. 5 Art.63
The manufacturer has the right to make the work any changes it deems necessary to ensure the best
commercial exploitation, to the extent that these do not alter the || | fundamental character of the work and are not prejudicial to the reputation and honor of the
authors.
Without prejudice to the actions in defense of their rights, each of the co-authors of the work audiovisia
may, if it has not previously approved the changes made by the opera producer,
use of the option in point and ) Article 28 of this law; those
assimilated to the authors by virtue of the second paragraph of Article 23 shall also have the right to obtain
It is not publicly mentioned the fact that the audiovisual work is derived from their existing work
.
The exercise of the option referred to in the previous paragraph of this article by any of the co-authors
does not entail the revision of the compensation to which they are entitled.
Chapter IV: Representation Contract 5
art.64 The representation contract is the contract for which the author or his successors grant
right to a third party to represent the 'it operates to the contractual conditions.
Without prejudice to the provisions referred to in Article 51, the representation contract
must indicate, under penalty of nullity, the minimum and maximum number of representations that the
licensee is authorized to conduct and methods of same; However, if the
author's remuneration is provided in proportion to the number of representations made
, is valid the contract in which the maximum number of representations is not specified,
long as this contract has not superior durability five years. 5
art.65 Unless expressly agreed on, the options provided by the representation contract does not intend
exclusively licensed dealer.
If the duration of the contract is expected to be exclusive in favor of the concessionaire can not exceed
five years. 5
art.66 The representation contract must relate to the right to make an exposure
broadcasting over the air no matter the granting of the right to make an exposure via radio or television
cable, unless the latter is not made by the same
dealer, simultaneously issue broadcasting over the air, and no extension territorial scope
contractually required. 5
Art.67 constitutes an emission broadcasting over the air transmission performed by means of electromagnetic waves
, without the aid of a support material, of sounds, images or other || | information, which:
a) may lawfully be received by the public or
b) is transmitted to be received by the public.
Not affect the emission of radio and television character via ether the fact that the transmission is
effected with the interposition of rails repeaters or captanti.
It is broadcasting an emission cable transmission through a network of distribution
material, when the connection to that by recipients
distribution network constitutes a necessary precondition for the legitimate issue ricezion, of sounds, images and other information
offered to the public.
If a broadcast is carried out through the interposition of repeater devices or captanti, you
considered as a place from which the issue is taking place, the place from which the telegraphic
signal is sent to these devices; similarly, in the case of cable broadcasts,
is considered, the location of the one from which the signal s is started towards the distribution
network. 5
art.68 If an issue broadcasting is carried out in such a way that it can not be received unless
through the interposition of a decoder device, the issue is considered transmitted || | it is received by the public if such a device is offered to the public, free of charge or
for remuneration or fee, by the person making the issue or on its behalf or with him
agreement or knowledge.
For decoder device means any material means or logic that allows its user
satisfactory receipt issuance. 5
art.69 If the consideration for the benefit of both expected in proportion to the number of
made representations, the licensee is required to make the account at least once a year,
unless the contract specifies a more 'short-term.
The bill will give at least the number of representations made during the period,
specifying the date and manner of each of them, as well as the royalties due or paid to the author.
The author has the right to control or have it checked by a third party, the accuracy of
statement made by the dealer. 5
art.70 Royalties due to the author constitute a privileged claim against the dealer. 5
art.71 The rights granted to the concessionaire are extinguished as of right on the expiry of the deadline
from the contract, without requiring an act of formal notice by the author. 5
art.72 The dealer must make a representation under such conditions that ensure respect to the rights
.
5 art.73
The provisions of this chapter shall also apply to the contract concluded by the audiovisual work
manufacturer and relates to the representation of the same.
TITLE IV Special provisions relating to certain works Cape
I: Magazines and newspapers 5
art.74 If an item is sent to a magazine or a newspaper, to be reproduced, from person outside the
and without prior contractual agreements, the author takes up the right to use it when
are after sixty days from, and the author has not had notice of acceptance or
when, having stepped in acceptance, the article is not published within the period of six months from the date of this
. 5
art.75 Without prejudice to the provisions of paragraph d) of Article 28, the author may not oppose
changes made by the director of the newspaper article that they are allaforma required by natur
or purpose of the newspaper.
In articles to be reproduced without indication of the author of the Director option referred to in the previous paragraph
extends the cancellation or reduction of parts of the article. 5 Art.76
The publisher of the magazine or newspaper is under no obligation to retain or return items not play
which have been sent without his request.
Chapter II: Designs, architectural works, computer programs
5 Art.77
The transfer of the right to economic exploitation models and drawings or programs electronic computers
matter, unless otherwise agreed, the right for the transferee to process the work. 5
art.78 The author of a work of architecture may not object to the amendment which may be necessary
under construction or those that may be necessary to make the work already realized. 5
art.79 In the cases provided in the preceding Articles of this Chapter it is subject to the author
option referred to in point e) of Article 28. Chapter III
: sound recordings 5
Art.80 the production and dissemination of sound recordings that are governed by rules on
publishing contract. 5 PURSUANT TO ART.81
And 'The parties may also give the manufacturer a opera
license consists of the sound recording, with the right to grant sub-licenses.
Without prejudice to the provisions referred to in Article 51, the license granted to
producer within the meaning of the preceding paragraph shall mean, unless otherwise agreed upon, given for a
unlimited number of performances and for a duration equal to the faculty manufacturer to place the recording
specimens in trade, as shown in the last paragraph of Article 58.
Without prejudice to the compensation due to him to SNSI of the publishing contract, the author has the right, | || in return for the license referred to in the preceding paragraph, for a fee proportional to the number
of representations made by the manufacturer or its assignees. 5
Art.82 At the license referred to in Article previous representation shall apply the provisions of Chapter IV of Title
IV of this Act.
The manufacturer is obliged to include in the statement also
representations made by his successors. 5 Art.83
The objects of sound recordings can not be marketed unless
bear the following particulars in a stable manner:
a) title of the work reproduced;
B) the name, pseudonym or initials of the designer;
C) The name of the performing. Orchestral or theatrical
complexes are indicated by the name of use;
D) name of the manufacturer;
E) the date of manufacture.
Chapter IV: Photographs 5
Art.84 The duration of the photographs of the protection period of thirty years from their production. 5 Art.85
If the photograph has been obtained in the course and in the fulfillment of an employment contract or
work, or on commission, the employer or the client means , unless otherwise agreed,
be the transferee of the right to work ec nomic exploitation. 5
Art.86 Notwithstanding the provisions of Article 48, the sale of the original negative or equivalent
means of reproduction of a photograph, even if it is not reduced to writing, matter , unless agreed
contrary, the transfer of the right to work ec nomic exploitation. 5 Art.87
The specimens of photography must be marked with the production date and the name of the author
; in the case referred to in Article 85, shall also bear an indication of the employer or the customer
.
Chapter V: Matching letters and portrait
5 Art.88
The epistolary correspondence, family and personal memoirs and writings of private character
may not be reproduced or disclosed without the consent of the author and recipient.
For sound recordings, photographs and audiovisual works of a private nature
also need the consent of the persons depicted if they are recognizable.
Without prejudice to the provisions of this Act relating to the protection of the moral right
copyright, reproduction and dissemination of op kings mentioned in the preceding paragraph are not
allowed after death to persons, other than the ' author, mentioned in the first paragraph of this Article
if you oppose the spouse, children, siblings or parents of the same. 5
art.89 The consensus in the previous article is not required when the work
knowledge is required for the purposes of a civil action, criminal or administrative proceedings or for defense,
personal honor or reputation or family. 5
art.90 The portrait of a person can not be disclosed or reproduced without the consent of this.
After the death of the person portrayed, the provisions of the third paragraph of Article 88. 5
Art.91 In addition to the cases provided for in Article 89, the consent of the person is not required when
reproduction or disclosure of the photographic portrait or incorporated in the audiovisual work is
justified the reputation of the person or office public, or for scientific, educational or cultural
or when connected to the facts, events or ceremonies held in public or in the public interest
. 5
Art.92 Unless otherwise agreed, the photographic portrait or incorporated in the audiovisual work performed on behalf of the person portrayed
matter the transfer of this right to the economic exploitation. Cape
VI: Rights of Performers 5
Art.93 The interpreters and performers of a drama, literary or musical work, are entitled to receive a fair compensation
regardless the possible remuneration for the enforcement activities by
of the person making a sound recording or audiovisva or make an issue broadcasting work
. 5 Art.94
The interpreters and performers have the right to object to the disclosure of sound recordings and audiovisual works
taken from their performances that might be prejudicial to their reputation or to
'honor. 5
Art.95 The provisions of the preceding sections of this chapter shall not apply in cases where the execution
occur in the production of a sound recording, an audiovisual work or
emission of radio and television and the interpreter's benefit has been paid for this purpose. 5
Art.96 For the purposes of the provisions of this Chapter shall be deemed and performers:
a) those who, dramatic work, literary or musical, perform a role of considerable relevance | || art, although role supporting actor;
B) the conductors and choir;
C) the orchestras, choirs and dance companies on the condition that the part they have performed
artistic value in its own right. 5 Art.97
The interpreters and performers of a work shall have the right that their name is highlighted in a stable
in the disclosure of the work, sound recordings and audiovisual works.
Chapter VII: Uses 5 free
Art.98 It 'free, provided that the work has been disclosed Prev nt mind:
a) the free and private performance of a 'urchè operates under the family or
of the circle of friends;
B) strictly reserved for private use copies or reproductions of the copyist and not intended for collective
utilization, with the exception of copies of works intended to be used for purposes identical to those for which it is
the original work was created;
C) the analysis and short quotations of other works, justified by the critical, polemical, pedagogic, scientific
or work information where are the corporate;
D) dissemination, even in their entirety, through the press or through radio or television broadcast, in
informative about current events, the speeches made in the context of political assemblies,
administrative, judicial or academic or public meetings of a political nature or
official ceremonies;
E) parody and caricature of an already existing work;
F) the reproduction, even in their entirety, of the acts of the State or public administration or
judicial acts, without prejudice to the rules governing the state secret or otherwise
limit the spread of such acts.
5 Article 99
And 'lawful playing previously disclosed works performed under a
prosecution.
If it becomes necessary to examine, in the context of legal proceedings, a criminal
work not previously disclosed, the examination must be conducted so as to avoid that the work itself is brought
known to the public.
In any case, work is not considered disclosed by the fact that it has been examined
in legal proceedings. 6 0
Art.100 And 'lawful reproduction of information and news provided it is conducted in accordance with ethical rules
of the journalistic profession and if the source is given. 6
1
Art.101 And 'The reproduction or slavish imitation in other works of the same kind of configuration work when this configuration
or imitation is likely to confusing to work or author.
It 'likewise prohibited the reproduction of headings used in a publication or an audiovisual
regular periodic have used in so constant identification to the normal
characteristic content of the work.
The title of a newspaper, magazine or other publication or audiovisual work in recurrent non
can be reproduced in other work of the same species before they are three years after
termination of its previous use. TITLE V Final provisions
Chapter I: opera Withdrawal from disclosure
2 6
art.102 The author may exercise the option referred to in point f) of Article 28 where you compete
serious moral or philosophical reasons and prior compensation of those who have acquired the right to the economic exploitation
or are licensees of any of the right to use
it descendants. 6 3
Art.103 The right to withdraw the work from disclosure is personal, non-transferable, inalienable and ceases
with the author's death.
The author seeking to rely must give notice to all persons mentioned in the previous article
and the Secretariat of State for Internal Affairs that will relay
publication on the Official Gazette of the Republic. 4 6
Art.104 The compensation payable to the persons referred to in Article 102 may be agreed between the parties concerned
or dismissed by the court.
If agreed, this has to be approved by decree without appeal, by the Law Commissioner
, which verifies that the terms represent a fair balance of opposites
interests.
In the absence of agreement, the parties concerned can take anyone, and shall, to the Commissioner
of the Law to provide for the liquidation of India of sation.
The Law Commissioner shall not be challenged by a judgment which has also ordered
execution of the work has been withdrawn, the compensation payment and the submission of appropriate
guarantees. 5 6
ART.105 Regardless of the procedure laid all'art.104, all counterparties may contact with
appeal, the Law Commissioner to oppose the use of right to work has been withdrawn when
not consider that this can be justified.
The Law Commissioner met through non-appealable judgment. 6 6
Art.106 The Law Commissioner has also exclusive jurisdiction to order, against appropriate payment
bail and on the author's request, the interim measures needed to ensure the '
effective exercise of the right to work has been withdrawn from disclosure.
These measures are arranged with non-appealable order, feel all counterparties.
The effectiveness of the order is subject to payment of the deposit and cease to law if, within one month
was not required the approval of the agreement on compensation payable to the persons referred to in Article 102
and not subject to appeal under the third paragraph has been presented
Article 104. If there is any of the cases provided for in the preceding paragraph, or the author
does not comply within the period specified therein to charges he imposed the sentence of the last paragraph of Article 104
, ceases as of right the effective order or judgment and the author is obliged
to compensation for the damage suffered by the persons referred to 'Article 102.
Chapter II: Scope
7 6
Art.107 this Act applies to works of San Marino authors, regardless of place of first
disclosure of the same, and to the works of foreign authors that are disclosed for the first time in the territory of the Republic
.
If the dissemination is made by means of a broadcast radio or television, the place of
Disclosure is given on where the issue occurs, determined under previous
Article 67. This Act shall also apply to audiovisual works and sound recordings whose producer is a
San Marino citizen or ostituita company under the laws of the Republic and there
whose head and a permanent establishment. 6 8
Art.108 The works that do not satisfy the cases referred to in the previous article are protected
according to the provisions of international conventions to which the Republic adheres. 6 9
Art.109 At unprotected works in accordance with Articles 107 and 108, this Act applies only to the extent
where grants protection in fact equivalent to that afforded by national law to the works of the author
San Marino authors disclosed for the first time in the territory of the Republic
.
If the author is stateless person or controversial nationality you have regarding the protection afforded by the law
of the State in which the work has been disclosed for the first time. 6 0
art.110 A work protected by this law regime equ value of fact under Article 109
can not under any circumstances take advantage of a period of superior protection to more 'short between the period of protection accorded by law stranier
work, determined in accordance with the last two paragraphs
preceding article, and that granted by the same foreign law to the work of author | || San Marino disclosed for the first time on the territory of the Republic.
If the foreign law subjects the protection of registration formalities or includes the period of protection
a compulsory license period, or at least makes the granting of
protection, as well as its duration or extension, in charges, conditions or encumbrances, the work mentioned in the first paragraph of Article 109
will be subjected to the same conditions. 6
1
Article 111 Equivalence of fact is established by Regency Decree on the proposal of the State Congress,
after consulting the Secretary of State for Foreign Affairs.
The decree specifies the conditions under which subject the grant of protection in accordance with Article 110.
Chapter III: Civil penalties 6
2 article 112 | || Anyone who becomes injured during the year or in the ownership of copyright or out any of the right to economic exploitation
of the same, which is invested by law or contract, can act in judgment for
get it removed the state of affairs which indicates the violation and get
damages. 6 3
Art.113 If the violation of the preceding article consists nell'illegittima reproduction, or disclosure
imported into the territory of the Republic of the work, the injured party may
ask that the violator is sentenced to pay four times the damages.
Without prejudice to the injured party's ability to prove that they have suffered injury more
, the damage is considered equal to the revenues directly or indirectly received or percipiendi
by the violator as a result of the acts referred to in the preceding paragraph.
For the purposes of applying the provisions of this Article, if they are confirmed acts of
in the first paragraph, the fault is assumed. 4 6
art.114 Anyone with reason to fear the occurrence of an injury of copyright or out any of
right to economic exploitation of the same, which is invested by law or contract,
can take legal action to obtain that his right is established and it is forbidden the violation.
The exercise of the action provided for in this Article Nos affect the right to bring an action of
referred to in Articles 112 and 113 against stess people to get compensation for damage already suffered
. 5 6
Art.115 Anyone intending to bring out any of the actions previst the preceding Articles of this Chapter may
ask, and shall, to the Law Commissioner to order the provisional enforcement of
injunctions, precautionary or protective measures necessary for protecting the effective exercise of the right
or guarantee the satisfaction of his claim and the payment of damages.
The Law Commissioner by Decree, after hearing without delay, to obtain summary information
, the part for which the measure is to be executed.
In cases of particular gravity or urgency, or if a party against whom the
measure must be executed in the territory of the Republic does not have her residence or habitual residence
or an authorized representative in sare in court , the Law Commissioner may
Postpone the hearing of the other party and to have enforcement of the measure, imposing
possibly the applicant to pay a deposit c mmisurata to its economic possibilities
and the severity of the measure sought.
The decree shall be served on the party, against whom it is to be performed, before
its execution or, more 'Later, simultaneously with it.
The execution can take place without restrictions on the time and day. 6 6
art.116 The measures provided for in the preceding article become less effective if the applicant does not
start the action on the merits within eight days of their execution.
The action in this regard, it proposes first to the Commissioner's Court even if the
respondent is not in the territory of the Republic's residence, ordinary residence or a representative
empowered to sue and be sued.
The party against whom the order has been executed, if no defendant
must be called to intervene, under penalty of admissibility of the action and initiative
any of the interested parties, in the judgment of about.
For the measures referred to in the previous article you may appeal only during
judgment on the merits; However, if the decision on the merits appears complex, the party against
which the order was executed, as well as the defendant in the action on the merits, may
ask the court to give interim judgment on the measure validation.
In the only case referred to in the first paragraph of this article, anyone who has suffered injury
from the execution of the measures provided for in Article 115 shall be entitled to sue for damages
.
Chapter IV: Criminal penalties
7 6
Art.117 Anyone who fails to comply with a measure ordered by the Law Commissioner under this Act is
dell'art.115 punished unless constitutes wrongdoing more 'serious, under
dell'art.259 of the Criminal Code. The action under this section does not suspend the civil action
dell'art.116 in the first paragraph of this law. 6 8
Anyone Art.118 reproduces, disseminates, acquires or holds a disclosure order, or introduced into the territory of the Republic
works protected by this law, and undermined the exercise or
ownership of copyright or out any of the right to economic exploitation of the same, shall be punished by administrative sanction
L.50.000 = a = L.150.000. The penalty will be applied by the Law Commissioner
, which will report the Civil Police Bodies and the Gendarmerie.
Chapter V: Transitional provisions 6
9 art.119
The works disclosed prior to the date of entry into force of this Act are protected
from that date and the expected duration of the Cape rovisions III of the previous Title II,
computed starting from the original date of disclosure; in these works, the provisions of Chapter II of this Title
. 6 0
Art.120 And 'permitted, for a period of two hundred and fifty days from the entry into force of this Act
, the sale, even if not authorized by the owner of copyright or his successors
cause, of material objects of the works referred to in the previous article as long as these objects are
been made, or if made overseas, imported into the territory of the Republic before
the date of entry into force of this Act.
The proof that the condition specified in the previous paragraph has occurred up to whom you want
avail themselves of the option provided for therein.
For imported from abroad material objects such evidence can only be provided through
documentary proof of payment of Tax-phase.
Material objects mentioned in the first paragraph ofthis article assumes
imported from abroad unless proved otherwise; It is not admissible evidence for witnesses of their production on the territory of the Republic
.
Chapter VI: Entry into Force 6
1
art.121 This Law shall enter into force on the fifth day following that of its legal publication.
Our Residence this day of January 30, 1991/1690 Foundation of the Republic THE CAPTAINS REGENT
Cesare Antonio Gasperoni - Roberto Bucci
THE SECRETARY OF STATE FOR INTERNAL AFFAIRS
Alvaro Selva
