Chapter XXXIV
COPYRIGHT AND RELATED RIGHTS
Section 1. COPYRIGHT
Article 736.- The author
1. A person who has created a literary, artistic or scientific work (hereinafter referred collectively to as works) is the author of such work.
In cases where two or more persons jointly create a work, such persons are co-authors.
2. Persons who have created derivative works from other persons' works, including works translated from one language into another, recreated, transformed, adapted, compiled, annotated or selected works, are authors of such derivative works.
Article 737.- Objects of copyright
Objects of copyright shall include all works created in the literary, artistic or scientific field and expressed in any form and by any means, regardless of their contents and value, and without depending on any procedures.
Article 738.- Contents of copyright
1. Copyright shall include personal rights and property rights to works.
2. Personal rights in copyright shall include the rights:
a/ To name the works;
b/ To put real names or pen names in the works; to have real names or pen names mentioned when the works are publicized, used;
c/ To publicize or to permit other persons to publicize the works;
d/ To protect the integrity of the works, not to permit other persons to amend, garble or distort the works.
3. The property rights in copyright shall include the rights:
a/ To duplicate the works;
b/ To permit the creation of derivative works;
c/ To distribute, import the originals and copies of the works;
d/ To disseminate the works to the public;
e/ To lease the originals or copies of computer programs.
Article 739.- Time at which copyright arises and the effect of copyright
1. Copyright shall arise from the date a work is created and expressed in a given material form.
2. Personal rights in copyright shall exist indefinitely, except the right to publicize or to permit other persons to publicize the works as provided for by the law on intellectual property.
3. Property rights in copyright shall exist within the time limit specified by the law on intellectual property.
Article 740.- Owners of copyright
1. Personal rights belong to the authors.
2. In cases where works are created not on the basis of the performance of assigned tasks or job assignment contracts, the property rights shall belong to the authors.
3. In cases where works are created on the basis of the performance of assigned tasks or job assignment contracts, property rights shall belong to agencies or organizations which have assigned the tasks or the parties that have assigned the contractual jobs, unless otherwise agreed upon.
In cases where property rights do not belong to the authors, the authors shall have the right to receive remuneration or royalties to be paid by the property right owners in accordance with the law on intellectual property.
Article 741.- Division of rights of co-authors
In cases where a work is created by co-authors, in which each part created by each co-author can be separated for independent use, the provisions of Article 740 of this Code shall apply to each part of the work, which is used independently, unless otherwise agreed upon by the co-authors.
Article 742.- Transfer of copyright
1. Personal rights provided for at Points a, b and d, Clause 2, Article 738 of this Code cannot be transferred.
Personal rights specified at Point c, Clause 2, Article 738 of this Code can be transferred under the conditions set by the law on intellectual property.
2. Property rights can be transferred in whole or in part under contracts or be bequeathed, inherited.
Article 743.- Contracts for transfer of property rights in copyright
The transfer of part or whole of the property rights in copyright shall be effected on the contractual basis. The contracts for transfer of copyright must be made in writing.
Section 2. RIGHTS RELATED TO COPYRIGHT
Article 744.- Objects of copyright-related rights
Objects of copyright-related rights (hereinafter referred to as the related rights) shall include performances by performers; audio records, video records; broadcasts by broadcasting organizations and satellite signals carrying coded programs.
Article 745.- Owners and contents of the rights to performances
1. The rights to performances shall include personal rights of performers and property rights of investors for realization of the performances.
2. Personal rights of performers shall include the right to have their names mentioned in the performances or transmission of audio records, video records of the performances and the right to protect the integrity of the image of the performances.
3. Property rights of investors for realization of performances shall include the right to perform and to forbid other persons to perform the following acts:
a/ Audio recording, video recording the performances;
b/ Duplicating, distributing originals or copies of the audio records or video records of the performances;
c/ Broadcasting or transmitting in other ways the performances to the public.
Article 746.- Owners and contents of the rights to audio records, video records
1. The rights to audio records, video records shall belong to investors in the creation of such audio records or video records.
2. The rights to audio records, video records shall include the right to perform and to forbid other persons to perform the following acts:
a/ Duplicating in whole or part of the audio records, video records;
b/ Distributing, importing the originals or copies of the audio records, video records;
c/ Leasing the originals or copies of audio records, video records for commercial purposes.
Article 747.- Owners and contents of the rights to broadcasts
1. The rights to broadcasts shall belong to the broadcasting organi-zations.
2. The rights to broadcasts shall include the rights to perform or forbid other persons to perform the following acts:
a/ Recording, duplicating the records; broadcasting, re-broadcasting part or whole of a broadcast;
b/ Distributing the records or duplicates of the records of broadcasts.
Article 748.- Owners and contents of the rights to satellite signals carrying coded programs
1. The rights to satellite signals carrying coded programs shall belong to the persons who are the first to transmit the satellite signals carrying such coded programs.
2. The rights to satellite signals carrying coded programs shall include the rights to perform, to permit or forbid other persons to perform the following acts:
a/ Producing, assembling, modifying, importing, selling, leasing equipment or systems for decoding the coded satellite signals;
b/ Receiving, redistributing decoded signals when not so permitted by the holders of the rights to the coded satellite signals.
Article 749.- Transfer of related rights
1. Property rights in the related rights defined in Articles 745, 746, 747 and 748 of this Code can be transferred.
2. The transfer of related rights shall be made in writing under contracts.
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