Article 6: The initial rightholder

(1) The initial holder of the economic right and the moral right in a work shall be the author of that work.

(2) The above-mentioned rights shall be vested in the author of a work without resort to any formality.

Article 7: Works of Joint Authorship, Collective and Composite Works

(1) The term work of joint authorship shall designate any work which is the result of the direct collaboration of two or more authors. The initial right holders in respect of the economic and moral rights in a joint work shall be the co authors of that work. Unless otherwise agreed, the rights shall be shared equally by the co authors.

(2) The term collective work shall designate any work created through the independent contribution of several authors acting under the intellectual direction and coordination of one natural person. That natural person shall be the initial right holder of the economic right and the moral right in the collective work. Each author of a contribution shall be the initial right holder of the economic right and the moral right in his own contribution, provided that that contribution is capable of separate exploitation.

(3) The term composite work shall designate a work which is composed of parts created separately. The authors of all of the parts shall be the initial co-right holders of the rights in the composite work, and each author shall be the exclusive initial holder of the rights of the part of the composite work that he has created, provided that that part is capable of separate exploitation.

Article 8: Employee - Created Works

Where a work is created by an employee in the execution of an employment contract the initial holder of the economic and moral rights in the work shall be the author of the work. Unless provided otherwise by contract, only such economic rights as are necessary for the fulfilment of the purpose of the contract shall be transferred exclusively to the employer.

The economic right on works created by employees under any work relation of the public sector or a legal entity of public law in execution of their duties is ipso jure transferred to the employer, unless provided otherwise by contract.

Article 9: Audiovisual works

The principal director of an audiovisual work shall be considered as its author.

Article 10: Presumptions

(1) The person whose name appears on a copy of a work in the manner usually employed to indicate authorship, shall be presumed to be the author of that work. The same shall apply when the name that appears is a pseudonym, provided that the pseudonym leaves no doubt as to the person’s identity.

(2) In the case of collective works, computer programs or audiovisual works, the natural or legal person whose name or title appears on a copy of the work in the manner usually employed to indicate the right holder shall be presumed to be the right holder of the copyright in the particular work.

(3) Paragraph 1 of this article shall apply mutatis mutandis to the holders of rights related to copyright with regard to their protected subject matter, as well as to database creators for the special right. (article 5, item b', of Directive 2004/48).

(4) The presumption referred to in paragraphs (1) and (2), above, may be rebutted by evidence to the contrary.

Article 11: Fictitious Initial Right Holder

(1) Any person who lawfully makes available to the public anonymous or pseudonymous works is deemed as the initial holder of the economic and moral right towards third parties. When the true author of the work reveals his identity, he acquires the above-mentioned rights in the condition they are in as a result of the actions of the fictitious right holder.