e24702_SN004
Translated from French
21
Article 69. Statement of printing. - The publishing contract must state the minimum
number of copies that constitute the first printing. However, this obligation shall not
apply to contracts laying down minimum royalties guaranteed by the publisher.
Article 70. Manufacture of copies. - The publisher shall be required to manufacture
copies or have them manufactured under the conditions, in the form and according to the
modes of expression laid down in the contract. Unless there is a special agreement,
manufacture shall take place within the period of time customary in the trade.
Article 71. Continuous and sustained exploitation. - The publisher shall be required
to ensure continuous and sustained exploitation and commercial dissemination of the
work, in accordance with the practices of the trade.
Article 72. Rendering of accounts. – 1. The publisher shall be required to furnish the
author with all evidence required to establish the accuracy of his accounts.
2. In the absence of special terms stipulated in the contract, the author may require the
publisher to produce, at least once a year, a statement of the number of copies
manufactured during the period in question, specifying the date and size of the printings
and the number of copies in stock, the number of copies sold by the publisher, the
number of copies that are unused or have been destroyed by accident or owing to force
majeure, and the amount of royalties owed or, where applicable, paid to the author.
3. Any contrary provision shall be deemed void.
Article 73. Transfer of contract. – 1. The publisher may not transfer the benefits of
the publishing contract to a third party, free of charge or for a consideration, or as a
contribution to the assets of a partnership, independently of the business, without first
having obtained the authorization of the author.
2. In the event of transfer of the business in such a way as seriously to compromise the
material or moral interests of the author, the author shall be entitled to obtain reparation
even by means of termination of the contract.
3. Where the publishing business was run as a partnership or a joint enterprise, the
allocation of the business to one of the former partners or joint owners as a result of
liquidation or division shall in no case be considered an assignment.
Article 74. Termination of contract. – 1. The publishing contract shall be terminated,
irrespective of the cases provided for by ordinary law or in the previous Articles, when
the publisher completely destroys the copies of the work.
2. The contract shall be terminated automatically if, upon formal notice by the author
fixing a reasonable period of time, the publisher has not effected publication of the work
or, should the work be out of print, the republication thereof. The work shall be deemed
out of print if two orders for delivery of copies addressed to the publisher have not been
fulfilled within three months.
3. If, in the event of the author’s death, the 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.