Article 1296. The Computer Programmes and Databases Created to Order

1. If a computer programme or database has been created under a contract having the creation thereof as its subject matter (on order), the exclusive right to the programme or database is owned by the customer, unless otherwise envisaged by a contract between the contractor (performer) and the customer.

2. If according to Item 1 of the present article the exclusive right to a computer programme or database is owned by the customer the contractor (performer) is entitled, in as for as is otherwise not envisaged by a contract, to use the programme or database for his own needs on the terms of a fee-free (non-exclusive) licence for the whole effective term of the exclusive right.

3. If according to a contract concluded between a contractor (performer) and a customer the exclusive right to a computer programme or database is owned by the contractor (performer), the customer is entitled to use the programme or database for his/its own needs on the terms of a fee-free (non-exclusive) licence for the whole effective term of the exclusive right.

4. The author of a computer programme or database who does not own an exclusive right to the programme or database is entitled to a fee in accordance with Paragraph 3 of Item 2 of Article 1295 of the present Code.

Article 1297. The Computer Programmes and Databases Created When Works Have Been Performed under a Contract

1. If a computer programme or database has been created when a contractor's contract or a contract for the performance of research and development works or technological works was performed, such contracts not expressly requiring the creation thereof, the exclusive right to the programme or database is owned by the contractor (performer), except as otherwise envisaged by a contract between him and the customer. Unless otherwise envisaged by a contract, in this case the customer is entitled to use the programme and database so created for the purposes for which the relevant contract has been concluded, on the terms of a simple (non-exclusive) licence over the whole effective term of the exclusive right without paying out an additional fee for the use. If the exclusive right to the programme or database has been assigned by the contractor (performer) to another person, the customer retains the right to use the programme or database. 2. If according to a contract between the contractor (performer) and the customer the exclusive right to the computer programme or database has been assigned to the customer or to the third person indicated by the customer, then the contractor (performer) is entitled to use the programme or database he has created for his own needs on the terms of a fee-free (non-exclusive) licence over the whole effective term of the exclusive right, except as otherwise envisaged by a contract. 3. The author of the computer programme or database mentioned in Item 1 of the present article who does not own an exclusive right to the programme or database is entitled to a fee in accordance with Paragraph 3 of Item 2 of Article 1295 of the present Code.

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