16
Where, in the event of the author's death, a work is incomplete, the contract shall be
terminated in respect of the unfinished part of the work, except as otherwise agreed
between the publisher and the author's successors in title.
ARTICLE 45 The author shall deliver to the publisher, within the period stipulated in the
contract, the work to be published in a form permitting manufacture.
ARTICLE 46 A contract known as a contract "at the author's expense" shall not
constitute a publishing contract within the meaning of Article 39.
Under such contract, the author or his successors in title shall pay to the publisher an
agreed remuneration against which the publisher shall make a sufficient number of copies
of the work in the form and in accordance with the modes of expression specified in the
contract, and shall publish and disseminate such copies.
Such contract shall constitute a contract for services governed by convention, usage and
the laws and regulations in force.
ARTICLE 47 A contract known as a contract "at joint expense" shall not constitute a
publishing contract within the meaning of Article 39.
Under such contract, the author or his successors in title shall commission a publisher to
make, at his expense, a sufficient number of copies of the work in the form and in
accordance with the modes of expression specified in the contract, and to publish and
disseminate such copies in accordance with the agreement reciprocally contracted to
share the profits and losses of exploitation in the proportion agreed in the contract.
Such contract shall constitute a joint undertaking.
CHAPTER III
PERFORMANCE CONTRACTS
ARTICLE 48 A performance contract shall be a contract under which the author of a
work of the mind, his successors in title or the collective management organization
provided for in the present Law authorize(s) a natural or legal person to perform said
work under conditions that they stipulate.
A contract under which the author or the collective management organization provided
for in Article 12 of the present Law affords to an entertainment promoter the capacity to
perform, during the term of the contract, the author's works or the works that constitute
the repertoire of said collective management organization under the conditions specified
shall be known as a general performance contract.
ARTICLE 49 A performance contract shall be concluded for a specified period or for a
limited number of communications to the public.