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exploited;
((4) in the case of assignment of rights for software.
Art.38. Right to reconsider or withdraw
(1) Notwithstanding the assignment of his right of exploitation, the author shall enjoy,
even after the publication of his work, the right to reconsider or to withdraw in relation
to the assignee. He may only exercise this right, however, on condition that he
indemnifies the assignee beforehand for any loss that this reconsideration or
withdrawal may cause him.
(2) When the author decides to have his work published after exercising the right to
reconsider or withdraw, he shall be bound to offer his exploitation rights first to the
assignee he originally chose, under the conditions originally specified.
Art.39. Transfer of the ownership of the original copy of a work, or one or more
copies thereof, shall not include transfer of the copyright relating to that work.
Art.40. Transfer by succession
(1) With the exception of the right to modify the work, copyright as defined in Articles
10,11 and 12 shall be transferable by succession.
(2) The exercise of moral rights shall belong jointly to the successors and to the
Office of Copyright and Neighboring Rights.
(3) Authors' economic rights which have escheated shall accrue to the Office of
Copyright and Neighboring Rights, and the proceeds of royalties resulting therefrom
shall be used for cultural and welfare purposes, without prejudice to any rights of
creditors and to the execution of such assignment contracts as may have been
entered into by the author or his successors in title.
Chapter 6 – Special contracts
Art.41. Publishing contract
(1) The publishing contract shall be the contract under which the author of the work
or his successors in title assign to the publisher, under specified conditions, the right
to manufacture or have manufactured in quantity graphic, mechanical or other copies
of the work, on condition that he ensures publication and dissemination thereof.
(2) The form and mode of expression, the conditions for the making of the publication
and the termination clauses shall be specified in the contract.
Art.42. A contract for publication at the author's expense shall not constitute a
publishing contract within the meaning of Article 41. Under such a contract, the
author or his successors in title shall remit an agreed sum to the publisher, on
condition that the publisher manufacture copies of the work in quantity, in the form
and according to the modes of expression specified in the contract, and ensure its
publication and dissemination.
Such a contract shall constitute a business contract, governed by agreement, usage
and the relevant provisions of ordinary law.
Art.43. A "shares" contract shall not constitute a publishing contract within the
meaning of Article 41.
Under such a contract, the author or his successors in title shall commission a
publisher to manufacture, at his expense and in quantity, copies of the work in the
form and according to the modes of expression specified in the contract, and to
ensure their publication and dissemination, subject to a reciprocally contracted
agreement to share the profits and losses of exploitation in the proportion specified.
Art.44. Authors’ obligations
(1) The author shall hand over to the publisher, within the period specified in the