(2) Under such contract, the author or his successors in title commission a publisher to
make 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 in accordance
with the agreement reciprocally contracted to share profits and losses of exploitation in the
agreed proportion.
(3) Such contract shall constitute a joint undertaking.
Article 42
Obligations of the Publisher
The publisher shall be required to furnish the author with all evidence required to
establish the accuracy of his accounts, failing which he may be obliged to do so by the courts.
Article 43
Performance Contracts
(1) A performance contract is a contract under which an author or a professional
association of authors affords to a natural or legal person or to an entertainment promoter the
faculty of performing his works or the works that constitute the repertoire of such body under
the conditions that he stipulates.
(2) A contract by which an author or a professional association of authors affords to an
entertainment promoter the faculty of performing, during the term of the contract, the present
or future works that constitute the repertoire of the author or of such association, under the
conditions laid down by the author or his successors in title or by such association, is known
as a “general performance contract”.
Article 44
Form of Performance Contracts
(1) The right of performance may be assigned free of charge or against payment.
(2) A performance contract shall be in writing, on pain of invalidity. It shall be
concluded for a specified duration or for a specified number of communications to the public.
The exclusive rights, the conditions of execution and, where appropriate, the termination
clauses shall be laid down in the contract.
Article 45
Obligations of Entertainment Promoters
(1) An entertainment promoter shall be required to inform the author or his
representatives of the exact program of public performances and to furnish to them a certified
statement of his takings.
(2) An entertainment promoter shall be required to effect the public performance under
technical conditions suitable to ensure the intellectual and moral rights of the author.
(3) An entertainment promoter may not transfer the enjoyment of the contract without
the consent of the author.