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ARTICLE 37 Contracts under which the author or his successors in title authorize the
performance or publication of their works shall be concluded in writing, on pain of
invalidity. The same shall apply to performance authorizations granted free of charge.
Such contracts shall mention the mode of exploitation and the mode of remuneration
determined by the author or his successors in title. They shall be subject to the laws and
regulations in force.
Where special circumstances demand, contracts may be validly entered into by various
means of communication, confirmed in writing in good and due form, provided that the
sphere of exploitation of the rights assigned is established in accordance with Article 27
of the present Law.
CHAPTER II
PUBLISHING CONTRACTS
ARTICLE 38 Any publication or production of literary or artistic works shall be the
subject of a publishing contract duly signed by the publisher or the producer and the
author or his successors in title.
ARTICLE 39 A publishing contract shall be a contract under which the author of a work
or his successors in title assign to a publisher, under specified conditions, the right to
make or have made sufficient graphic, mechanical or other copies of the work, whereby
the publisher is required to publish and disseminate such copies.
The form and mode of expression, the conditions for carrying out the publication and the
termination clauses shall be laid down in the contract.
ARTICLE 40 A publishing contract must indicate the minimum number of copies
constituting the first print run.
It shall provide for remuneration proportional to the proceeds of exploitation, except in
the event of remuneration in a lump sum in accordance with Article 28 of the present
Law.
ARTICLE 41 The publisher may not transfer the enjoyment of the publishing contract to
a third party, either free of charge or against payment or as a contribution to the assets of
a partnership, without first having obtained the author's consent.
In the event of the disposal of the publishing business in such a way as seriously to
compromise the author's material or moral interests, the author shall be entitled to obtain
reparation even in the form of termination of the contract.
Where the publishing business was operated as a partnership or a joint enterprise, the
award of the business to one of the former partners or one of the co-owners as a result of
liquidation or division shall in no circumstances be considered assignment.