e24702_SN004
Translated from French
19
Article 59. Exercise of moral rights after the death of the author. – After the author's
death, moral rights may be exercised not only by the heirs or legatees but also by an
approved collective management society.
Title VII. – Exploitation of rights
Chapter I. – Rules common to all contracts
Article 60. Assignability of right of exploitation. – The right of exploitation may be
assigned in whole or in part, in accordance with the rules set out below. These rules shall
not be applicable to commission contracts, as referred to in Article 21.
Article 61. Future works. – The assignment in whole or in part of the right of
exploitation in more than one future work may be revoked by either of the parties on
expiry of a period of five years from the date of the contract.
Article 62. Proof. – In respect of the author, proof of assignment shall be in writing or
an equivalent form.
Article 63. Formality. – The assignment of the author's rights shall be subject to each
of the assigned rights being separately mentioned in the instrument of assignment and the
assignment being defined as to its scope and purpose, as to place and as to duration.
Article 64. Interpretation. – 1. In the event of doubt, assignment shall be interpreted
in favor of the author.
2. Assignment of the right of communication to the public shall not imply assignment of
the right of reproduction.
3. Assignment of the right of reproduction shall not imply assignment of the right of
communication to the public.
4. Where a contract includes the assignment in full of either of the rights referred to in
the present Article, its effect shall be limited to the modes of exploitation specified in the
contract.
Article 65. Remuneration of the author. – 1. Assignment may be granted free of
charge or for a consideration.
2. Where assignment is granted for a consideration, it shall include, for the author, a
proportional share of the revenue from exploitation of the work.
3. However, the author’s remuneration may be calculated as a lump sum in the following
cases:
(a) where the basis for calculating the proportional share cannot be practically
determined;
(b) where the cost of monitoring would be disproportionate to the expected results;
(c) where the use of the work is only of an accessory nature in relation to the object
exploited.