Article 1267. Protecting Authorship, Author's Name and Integrity of a Work on Author's Death
1. The authorship, the name of the author and the integrity of a work shall be protected infinitely.

2. In the procedure set out for designating the executor of a will (Article 1134) the author may indicate the person in which he vests the duty to protect authorship, name of the author and the integrity of a work (Paragraph 2 of Item 1 of Article 1266) upon the author's death. The person shall execute his duties for life.
If there is no such indication or if the person designated by the author has refused to execute these powers, and also after the death of the person the protection of authorship, the name of the author and the integrity of the work shall be carried out by the author's heirs, their successors and other persons concerned.

Article 1268. The Right to Promulgate a Work
1. The author is entitled to promulgate his work, i.e. a right to commit the action or to consent to the commission of the action which opens the work to the public for the first time by means of publication, public show, public performance, broadcast or cable or in any other manner.
In this case, the publication (issuing) is the release for circulation of copies of the work which are copies of the work in any material form in a quantity sufficient for meeting the public's reasonable needs depending on the nature of the work.

2. An author who has transferred a work to another person for use shall be deemed to have agreed to the promulgation of the work.

3. A work that has not been promulgated in the author's lifetime may be promulgated on his death by the person having the exclusive right to the work, unless promulgation is contrary to the author's will expressly stated by the author in writing (in a will, letters, diaries etc.).

Article 1269. Right of Withdrawal
The author is entitled to waive a decision on promulgation of a work taken earlier (the right of withdrawal), provided compensation is provided to the person to which the exclusive right to the work has been alienated or to which a right to use the work has been granted for the damage caused by the decision. If the work has been promulgated, the author shall make a public announcement of the withdrawal. In this case the author is entitled to withdraw from circulation the copies of the work released earlier, having provided payment of the damages caused by this.
The rules of the present article are not applicable to computer programmes, service works and the works incorporated into a complex object (Article 1240).

 

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