e24702_SN004
Translated from French
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4. With regard to payment of the royalties owed in return for assignment, the author shall
enjoy a general privilege which shall be exercised immediately after employees' salaries
have been guaranteed.
5. Where the proceeds of exploitation that are owed to the author of a work of the mind
are the subject of a seizure order, the president of the court may order payment to the
author, as an allowance for maintenance, of a certain sum or of a specified proportion of
the sums seized.
Chapter II. – Rules specific to certain contracts
Section I. – Publishing contracts
Article 66. Definition. – 1. A publishing contract shall be a contract under which the
author of a work of the mind or his successors in title assign to a publisher, under
specified conditions, the right to manufacture or have manufactured a number of copies
of the work, whereby the publisher is required to effect publication and dissemination
thereof.
2. A contract known as a contract at the author’s expense shall not constitute a
publishing contract; under such contract, the author or his successors in title shall pay to
the publisher agreed remuneration against which the publisher manufactures a number of
copies of the work in the form and according to the modes of expression specified in the
contract and effects publication and dissemination thereof. Such contract shall constitute
a contract for hire governed by convention, usage and the provisions of the Code of Civil
and Commercial Obligations.
3. A contract known as a contract at joint expense shall not constitute a publishing
contract; under such contract, the author or his successors in title shall commission a
publisher to manufacture at his expense a number of copies of the work in the form and
according to the modes of expression specified in the contract and to effect publication
and dissemination thereof in accordance with the agreement reciprocally contracted to
share profits and exploitation losses in the agreed proportion. Such contract shall
constitute a joint undertaking.
Article 67. Guarantee owed by the author. – 1. The author shall guarantee the
publisher the undisturbed and, unless otherwise agreed, exclusive exercise of the right
assigned.
2. He shall be required to ensure respect for that right and to defend it against any
possible violation.
Article 68. Delivery of work for publication. - The author shall put the publisher in a
position to manufacture and disseminate copies of the work. He shall deliver to the
publisher, within the period of time stipulated in the contract, the work for publication in
a form permitting normal manufacture. The work for publication furnished by the author
shall remain the property of the author unless otherwise agreed or technically impossible.
The publisher shall remain responsible for the work for publication for a period of one
year after completion of manufacture.