§ 6. The Right of a Publisher to a Scientific,
Literary or Artistic Work

Article 1337. The Publisher

1. The publisher is a citizen who has legally promulgated or organised the promulgation of a scientific, literary or artistic work that has not been promulgated earlier and that has not passed into the public domain (Article 1282) or that is being in the public domain due to its having not been protected by copyright.

2. The rights of a publisher extend to the works which irrespective of the time of creation thereof could be deemed objects of copyright in accordance with the rules of Article 1259 of the present Code.

3. The provisions of the present paragraph do not extend to the works kept in state and municipal archives.

Article 1338. The Rights of the Publisher

1. The publisher owns the following: 1) the exclusive right of the publisher to a work he has promulgated (Item 1 of Article 1339); 2) a right to have his name indicated on copies of a work he has promulgated and in other cases when it is used, including cases when it is translated or otherwise processed.

2. When a work is being promulgated the publisher shall observe the terms set out in Item 3 of Article 1268 of the present Code.

3. Within the effective term of the exclusive right of the publisher to a work the publisher has the authority set out in Paragraph 2 of Item 1 of Article 1266 of the present Code. The same rights are owned by the person to which the exclusive right of a publisher to a work has been transferred.

Article 1339. The Exclusive Right of the Publisher to a Work 1. The publisher of a work owns the exclusive right of using the work in accordance with Article 1229 of the present Code (the exclusive right of the publisher to the work) in the manners described in Subitems 1-8 and 11 of Item 2 of Article 1270 of the present Code. The publisher of the work may dispose of the said exclusive right.

2. The exclusive right of the publisher to a work is also recognised if the work has been promulgated by the publisher in a translation or in another processed form. The exclusive right of the publisher to a work is recognised and is effective independently of the existence and effect of the copyright of the publisher or of other persons to a translation or another processed form of the work.

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