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ARTICLE 42 In the case of a fixed-term contract, the rights of the assignee shall lapse
automatically on expiry of the term in question without the need for formal notice.
In the three years after such expiry the publisher may, however, sell off, at the normal
price, the copies remaining in stock, unless the author prefers to buy such copies at a
price that shall be determined in accordance with expert opinion, in the absence of an
amicable agreement. This option, open to the first publisher, shall not prevent the author
from proceeding with a new edition within a period of 30 months.
ARTICLE 43 The publisher shall be required to furnish the author with all evidence
necessary to establish the accuracy of his accounts.
In the absence of special terms laid down in the contract, the author may require the
publisher to produce, at least once a year, a statement indicating the number of copies
made during the financial year and specifying the date and size of the print runs, the
number of copies in stock, the number of copies sold by the publisher, the number of
copies used for advertising, the number of copies used or destroyed by accident or owing
to force majeure, and the amount of royalties owed or, where applicable, paid to the
author.
Any contrary provision shall be deemed void.
Neither the bankruptcy nor the court-ordered liquidation of the publisher shall entail the
termination of the contract.
The receiver may not undertake the remaindering or other disposal of copies that have
been made until at least fifteen (15) days after notifying the author of his intention by
registered letter with a request for acknowledgment of receipt.
The author shall have a right of pre-emption in respect of all or some of the copies. In the
absence of agreement, the buyback price shall be determined in accordance with expert
opinion.
ARTICLE 44 A publishing contract shall come to an end, irrespective of the situations
provided for in ordinary law or in the preceding Articles, when the publisher destroys all
the copies.
The contract shall be terminated automatically where, when the author has formally
notified the publisher of an appropriate deadline, the publisher has not published the work
or, where it is out of print, republished it.
A publication shall be deemed out of print where two requests for delivery of copies
addressed to the publisher have not been fulfilled within three (3) months.