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Article 1296: Works made on demand

📅 Updated: 30.09.2026

1. The exclusive right to a computer programme, database or other work created by the contract which was the subject of such work (ordered) is vested in the employer if, prior to the date of the creation of the work, it is not possible to obtain the approval of the manufacturer. 2. Where the sole right to produce under paragraph 1 of this article is vested in the employer, the contractor (perpetrator) is entitled, as the contract does not provide otherwise, to use such work for its own use under a grant of a simple (non-exclusive) licence during the course of the period 3. Where, under the contract between the contractor (executor) and the employer, the exclusive right to produce is vested in the contractor. (i.e. for the purpose for which the contract has been concluded, under the terms of a free (non-exclusive) licence, the applicant is entitled to use the work for the purposes for which the contract was concluded. 4. The author of a work created by order, which does not have the exclusive right to produce, shall be entitled to: 5. The rules of this article shall not apply to contracts in which the contractor (executor) is am Author of the work (art. 1288).