366 NEWSLETTER 2021 hand, if fault is attributable to the author, he/she may not exercise the right to rescind. The right of rescission may not be waived in advance, and limitations precluding its exercise for more than two years are null and void (IAWC Article 58/5). Action of objection may be pursued in the four weeks following the service of the rescission notification. If no action of objection is initiated within the four weeks, it should be concluded that the rescission was just.9 Conclusion When the author does not have the financial resources to benefit from the economic rights on his/her work, he/she may assign or grant a license on the economic rights to third parties. Economic rights may be assigned or licensed on a limited or unlimited basis in terms of location, duration and scope. Also, there is no legal requirement to pay any consideration for the assignment or license. Assignment or license agreements regarding incomplete works are deemed invalid. However, an undertaking may be given for the assignment or licensing of the economic rights to have arisen from the creation of the work. If the author assigns or grants a license on the economic rights, and the assignee or licensee fails to exercise these economic rights as designated under the agreement during the term of the agreement and, thus, the interests of the author are materially violated, the author may use the statutory right of rescission to terminate the assignment or license agreement. 9 Bozbel, p. 220.
RkJQdWJsaXNoZXIy MjUzNjE=