NATIONAL LEGISLATION
(ii) the cost of supervision would be out of propor
tion to the results expected;
(iii) the use of the work is merely of an accessory
nature in relation to the subject matter ex
ploited.
Notwithstanding the assignment of his right of
exploitation, the author shall enjoy, even after the
publication of the work, the right to disavow or with
draw in relation to the assignee. He may only exer
cise this right, however, on condition that he indem
nifies the assignee beforehand for any loss that the
disavowal or withdrawal may cause him.
When the author decides to have his work pub
lished after having exercised the right to disavow or
withdraw, he shall be bound to offer priority exploi
tation rights to the assi-gnee he originally chose, under
the conditions originally specified.
CHAPTER IV
Droit de Suite
Article 24. Notwithstanding any assignment of
the original work, authors of graphic and three
dimensional works shall have an inalienable right to
share in the proceeds of any sale of the work by
public auction or through ·a dealer.
After the author's death, this droit de suite shall
subsist to the benefit of his heirs for the pe-riod laid
down in Article 42.
This right shall take the form of a deduction, in
favor of the author or his heirs, of 5 °/o of the pro
ceeds of the sale.
CHAPTER V
Cinematographic and Broadcast Works
Article 25. A cinematographic work shall be the
property of the natural person or legal entity who or
which has taken the initiative for the making of the
work and the responsibility for exploiting it.
That person or entity, called the maker, shall be
deemed to be invested with the copyright in the work.
The maker shall be required, prior to the making
of the work, to ·conclude contracts with all those
whose works are to be used in the making.
Such contracts, with the exception of those con
cluded with the authors of musical compositions with
or without words, shall, unless otherwise stipulated,
imply assignment to the maker of the exclusive right
of cinematographic exploitation; they shall be in
writing.
Article 26. The maker shall also be required,
prior to the making of the cinematographic work, to
conclude contracts with the intellectual creators of
the cinematographic work, and in particular:
203
(i) the author of 'the script;
(ii) the author of the adaptation;
(iii) the author of the musical compositions with or
without words specially composed for the
work;
(iv) the director;
(v) the author of the dialogue.
These contracts shall, unless otherwise stipulated,
imply assignment to the maker of the exclusive right
of cinematographic exploitation; they shall be in
writing.
Article 27. The director of a cinematographic
work shall be the person who assumes the direction
of, and artistic responsibility for, the transformation
into image-s .and sounds and the ·cutting of the cinema
graphic work, and its final editing. The cinemato
graphic work shall be deemed to be completed when
the first "master print" has been established by com
mon consent between the director and the maker.
Article 28. If one of the intellectual creators of a
cinematographic work refuses to complete his contri
bution to the work or is unable to complete such
contribution owing to circumstances beyond his con
trol, he may not ·object to the use of the part of his
contribution already in existence for the purpose of
the completion of the work.
Unless otherwise stipulated, the intellectual cre
ators of a cinematographic work may use their per
sonal contributions freely with a view to their exploi
tation in a different type of work, provided that such
use does not prejudice the exploitation of the work in
which they have collaborated.
Article 29. The authorship of ·a radj.o or televi
sion work shall belong to the nat!ural pernon or
persons who assume the intellectual creation of the
work. The provisions of Article 28 shall be applicable
to radio or television works.
CHAPTER VI
Authors' Contracts
Article 30. Contracts under which the author or
his successors in title authorize the performance or
publication of his work shatll, on pain of nullity, be
dmwn up in writing. The same shall apply to per
£ormance authorimtions granted free of charge.
Such contracts shall mention the method of ex
ploitation and the manner of remuneration specified
by the author or his successors in •title. They shall
be subject to the provisions of the Code of Civil and
Commercial Obligations.
The transfer of the author's rights shall be subject
to the condition that each of the rights assigned is
mentioned separately in the instrument of assignment
and that the area of exploitation of the rights as