Título V. Transferencia de los derechos patrimoniales

Patrimonial rights may be transferred, in whole or in part, by any title, and must be recorded in writing. Every inter vivos transfer is presumed to be made for consideration, unless expressly agreed otherwise.

The transfer of copyright and related rights is limited to the right or rights assigned, to the expressly provided forms of exploitation, to the time limit and to the territorial scope as determined.

If the time limit is not mentioned, the transfer is for five years; if the territorial scope is not established, the country in which the transfer is carried out shall be understood; and if the forms of exploitation are not specified, the assignment is limited to that which is necessarily deduced from the contract itself and is indispensable to fulfill its purpose.

The transfer of use of all works that the author may create in the future is void, as are provisions by which the author undertakes not to create works. The transfer contract must be formalized in writing.

The assignment of the exploitation rights in the work created by virtue of an employment relationship or on commission shall be governed by what is agreed in the contract. In the absence of a written agreement, it shall be presumed that the exploitation rights have been assigned on an exclusive basis and with the scope necessary for the exercise of the assignee's customary activity at the time of delivery of the completed work.

The assignment of the patrimonial rights confers upon the assignee standing to pursue violations affecting the powers granted to the assignee, without prejudice to the right belonging to the author.

The transfer of rights by the assignee may be made in whole or in part and does not require the authorization of the assignor, except by express agreement to the contrary.

Whoever acquires a right of use shall comply with the obligations undertaken by the assignee by virtue of its contract with the author. The acquirer shall be liable to the author jointly and severally with the transferor for the obligations undertaken by the latter in the respective contract, as well as for the compensation for damage and losses that the latter may cause to the author by breach of any of said contractual obligations.

The author's remuneration may be agreed in proportion to the income obtained by the assignee from the use of his work or for a fixed amount.

The provision of the second paragraph of Article 79 is not applicable to:

a)Collective works;

b)Collaborative works;

c)Audiovisual works;

d)Works created on commission and salaried-author works;

e)Prologues, annotations, introductions and presentations;

f)Works that are accessory in nature with respect to the activity or the material object to which they are destined; and

g)Works that do not constitute an essential element of the intellectual creation in which they are integrated.

The author of a work may grant in writing licenses to third parties to perform acts covered by their economic rights.

Licenses may be exclusive or non-exclusive; no license shall be considered exclusive unless expressly stated as such in the respective contract. Exclusivity shall grant the assignee the right to exploit the work to the exclusion of any other person, including the assignor itself, and, unless otherwise agreed, the right to grant non-exclusive authorizations to third parties.

Obligations arising from assignment or license of copyright have the same privilege as those of workers, in insolvency proceedings of assignees or licensees.

The assignment of copyright for its exploitation through the modalities of publishing, representation, performance, production of audiovisual works and fixation of works shall be governed by the specific provisions of this law for those cases and, as to matters not provided for, by what is established in this chapter.

Conditions not provided for in the contracts for the assignment of copyright, including remuneration, shall be resolved in accordance with the usages and customs of the subject matter of the contract.