378 / 521
The owner of an adaptation and collection is the person who has
made the adaptation, provided that the rights of the original owner are
reserved. For cinematographic works; the director, the composer of the
original music and the scriptwriter are joint authors of the work. For
cinematographic works which are produced with the animation tech-
nique, the animator is also regarded as the joint author of the work.
Pursuant to Article 18 of the Law No. 5846, the authority to exer-
cise economic rights belongs exclusively to the author. Any producer
or publisher of a work may only exercise financial rights on the condi-
tion that he has concluded an agreement with the author of the work.
Also, more than one person can be the author of a work. When a
work which is created by more than one person can be divided into
parts, each person shall be deemed the owner of the part which he has
created. However, when a work which is created by the participation of
more than one person constitutes an indivisible whole, the union of the
persons who has created it shall be deemed the author of the work. The
provisions of ordinary partnership prevails in the union of authors,
therefore the authors have joint ownership on the work.
Rights of the Owner of a Work
An owner has economic and moral rights that cover the whole and
parts of the work.
Moral Rights
The moral rights are stated as per numerus clausus principle from
Articles 14 to 17 in section II under the Law No. 5846. The first of
them is the author’s right to disclose his work to the public. The author
shall exclusively determine whether or not his work shall be disclosed
to the public and the time and manner of its publishing. However, the
author may prohibit, even if the author has given written approval to
others, the promotion to the public or the publishing of both the work
and its adaptation, where the manner of disclosure to the public or pub-
lishing of the work is of such a nature as would damage the honor and
reputation of the author.
Second, the author has the authority to designate the name. The
author shall have the exclusive authority to decide whether the work
362
NEWSLETTER 2014