Remuneration may be calculated as a lump sum in the following cases:
(a) whenever the conditions of exploitation of the work do not allow proportional remuneration to
be accurately determined;
(b) the use of the work in question is only as an accessory in relation to the subject matter exploited;
(c) the work is used by a public law body for non‐profit‐making purposes.
Article 40
Total transfer of future works shall be null and void. However, total transfer of the right of the
management of the rights in future works, granted by the author to the body responsible for the
management and protection of the interests of authors, shall be permitted, as is the conclusion of a
commission contract for particular works.
However, the author may reserve the right to indicate to the body responsible for the management
and protection of his interests the desired means of exploiting his work. Similarly, the terms of the
commission contract for particular works must be brought to the attention of and approved by the
owner of the copyright.
Article 41
The author shall be entitled to institute proceedings for rescission of a contract for injury or to
demand adequacy of the financial clauses of the transfer if the profit made from the exploitation of
the work would be clearly disproportionate to initial agreements.
Any provision having the effect of alienating this right shall be considered null and void. Upon the
death of the author, his assignees may cite the terms of this Article.
Article 42
If the assignee holding an exclusive right does not exercise that right before the expiry of the time
period in which he must utilize the work, as established in the contract, or if he exercises it in an
inadequate manner, and if thereby serious injury is caused to the author’s legitimate interests, the
author may revoke the right granted; if the work is delivered by the author later than established in
the contract, the time period in which the work must be utilized shall commence from the time of
delivery.
The right of revocation may be exercised only after the author has afforded the assignee, upon
notifying him of the revocation, an additional period of time adequate to exercise sufficiently the
right granted.
The author shall not be required to afford an additional period of time if it is obviously impossible for
the holder of the right to exercise it or if he refuses to exercise it or if the affording of an additional
period of time would compromise the predominant interests of the author.
CHAPTER IV: PUBLISHING CONTRACT
Article 43
15