Provisions in relation to specific genres
Considering their economic role, the Act prescribes beyond the general rules special provisions for software programmes [C.A. Art. 58-60], for databases [C.A. Art. 60/A-62] and for works ordered for publicity purposes [C.A. Art. 63]. The differences relate primarily to the role of the works objects of property. In the case of these three genres of works the economic rights can be transferred. In the case of software and databases, it is not compulsory to lay down the licence agreement in writing and the general rule, which protects the author being in employment and according to which the author is entitled to a due remuneration if the employer gives licence to a third party or the author, in the case of the employer's acquisition of rights, is entitled to the remuneration that he would be lawfully entitled to when the right of use has been transferred, will not be valid. In the case of software and databases, the Act specifies also special rules relating to the cases of free use.
In the case of cinematographic creations and other audiovisual works [C.A. Part Two, Art. 64-66] special rules are needed because creations of this kind are the joint works of several co-authors. In order to making it possible and easy to exercise the rights, the Act rules that the authors shall transfer their economic rights to the producer of the film in compliance with the contract concluded for the creation of the cinematographic work. The protection of authors is ensured by the provision according to which certain entitlements shall not be transferred - e.g. the "empty cassette fee" [C.A. Art. 20], the "rental fee" [C.A. Art. 23(6)], and the "cable television fee" [C.A. Art. 28] - and the authors are entitled to remuneration for each way of use.
The rightholders of visual creations [C.A. Art. 67-71] i.e. creations of fine art, artistic photography, architecture, applied art and industrial design and designs of engineering structures) are entitled to special moral and economic rights besides the general rights. One of the special rights is the right of exhibition [C.A. Art. 69], according to which the owner of the creation of fine art, artistic photography, applied art and industrial design shall make the creations available to the author for purpose of exhibition and the owner is not allowed to exhibit these creations without the authorisation of the rightholder. A further special right of the creators of original creations of fine art or applied art is the so-called droit de suite [C.A. Art. 70], according to which the author is entitled to royalty payment when the proprietary rights in the creation are transferred through an organisation engaged in commercial activities.