Article 1290. Liabilities under the Contracts Concluded by the Author of a Work

1. The liability of an author under a contract of alienation of the exclusive right to a work and under a licence contract shall be limited by the sum of the actual damage caused to the other party, unless a smaller sum of the author's liability is envisaged by the contract.

2. In the event of the default on, or the improper performance of, a contract of author's order for which the author is responsible the author shall refund to the customer the advance payment and also to pay a forfeit money amount if envisaged by the contract. In this case, the sum total of these disbursements shall be limited by the sum of the actual damage sustained by the customer.

Article 1291. Alienating an Original Work and the Exclusive Right to a Work
1. When alienation is effected by the author of an original work (manuscript, original work of painting, sculpture etc.), for instance, when an original work is alienated under a contract of author's order, the exclusive right to the work shall be retained by the author, unless otherwise envisaged by the contract.
If the exclusive right to the work has not been transferred to the acquirer of the original thereof the acquirer is entitled to do the following without the author's consent and without paying out a fee to the author: to show the original work acquired and reproduce it in the catalogues of exhibitions and in publications dedicated to his collection, and also to hand over the original work for being exhibited at exhibitions organised by other persons.

2. If an original work is alienated by its owner holding the exclusive right to the work but not being the author thereof the exclusive right to the work is transferred to the acquirer of the original work, unless otherwise envisaged by the contract.
3. The rules of the present article concerning the author of a work also extend to the heirs of the author, their heirs and so on within the effective term of the exclusive right to the work.

Article 1292. The Right of Access
1. The author of a work of fine arts is entitled to claim from the owner of an original work that an opportunity be given to him to exercise his right to reproduce his work (right of access). In this case, the owner of the original work shall not be asked to deliver the work to the author.

2. The author of a work of architecture is entitled to claim from the owner of the original work that an opportunity be given to him to make photographic pictures and video shooting of the work, unless otherwise envisaged by the contract.

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