Article 1297: Works created in the performance of work under a contract

1. The exclusive right to a computer programme, database or other work created during the performance of a contract or a contract for the performance of research, development or or technical works which did not expressly provide for the creation of such a work shall be owned by the contractor (operator), unless the contract between it and the employer provides otherwise. The employer may, unless the contract otherwise provides, use the work created for the purposes for which the contract has been concluded on a simple basis (non-exclusive). (oy) A licence for the duration of the exclusive right without payment of the additional remuneration for such use. 2. In the case of a contract between the contractor (operator) and the employer, the exclusive right to use the work shall be retained by the employer. avo for the work is transferred to the employer or to a third party designated by him, the contractor (perpetrator) is entitled to use the work it has created for its own use on a non-reimbursable basis (not free of charge). 3. The author of the work referred to in paragraph 1 of this article to which the author is not a member The right to be paid in accordance with article 1295, paragraph 2, of the present Code.