OFFICIAL GAZETTE OF THE TOGOLESE REPUBLIC
August 2, 1991
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Art. 57 A contract for publication at the author’s expense shall not constitute a publishing
contract within the meaning of Article 50.
Under this kind of agreement, the author or his successors shall pay the publisher agreed
remuneration, on condition that the publisher makes multiple copies of the work in accordance
with the manner and modes of expression specified in the contract, and publishes and distributes
them.
This type of agreement shall constitute a work contract governed by convention, custom and the
provisions of the Civil Code.
Art. 58 An agreement known as a “halfandhalf” contract shall not constitute a publishing
contract.
Under this kind of contract, the publisher shall be instructed by the author or his/her successors
to make, at their expense, multiple copies of the work in the manner and in accordance with the
forms of expression specified in the contract, and to publish them, in return for a commitment
mutually entered into to share the profits and losses from the exploitation, in the proportion
stipulated.
This kind of contract shall constitute a joint venture.
III – PERFORMANCE CONTRACT
Art. 59 A performance contract shall be one whereby the author of a work or his successors
authorize a natural person or legal entity to present the said work on conditions decided on by
them. A performance contract shall be entered into for a limited period or for a specific number
of communications to the public.