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contract, the work to be published in a form that makes normal production possible.
(2) Unless otherwise agreed or unless it is technically impossible, the work to be
published shall remain the property of the author. The publisher shall be responsible
for it for one year after completion of production.
(3) The author shall assure the publisher of undisturbed and, unless otherwise
agreed, exclusive exercise of the rights assigned.
Art.45. Publishers’ obligations
(1) The publishing contract must indicate the minimum number of copies constituting
the first printing.
However, this obligation shall not apply to contracts providing for a minimum of
royalties guaranteed by the publisher.
(2) The contract must also provide for remuneration proportionate to the proceeds
from exploitation, except in the cases of lumpsum payment provided for in Article 37
of this Law.
(3) The publisher shall be accountable. Once a year, the publisher shall be required
to provide the author with all the documentary evidence necessary for establishing
the accuracy of his accounts. If he fails to do so, he shall be compelled to comply by
a judge.
Any contrary clause shall be considered nonexistent.
Art.46. Neither the bankruptcy of the publisher nor a settlement approved by the
court shall terminate the contract. The receiver may not remainder the copies
manufactured or sell them out until at least 15 days have elapsed since he advised
the��author of his intention by registered letter with acknowledgement of receipt. The
author shall have a right of preemption over all or some of the copies. In the absence
of an agreement, the purchase price shall be determined by expert opinion.
Art.47. The publisher may not transfer the benefit of the publishing contract to third
parties
independently of his own business, either free of charge or for a consideration or in
the form
of corporate stock, without first having obtained the author’s permission.
In the event of disposal of the business, if such disposal is liable to be seriously
detrimental to the material or moral interests of the author, the author shall be entitled
to be
indemnified, even in the form of termination of the contract.
Art.48. In the case of a contract of fixed duration, the rights of the assignee shall
lapse automatically on expiry of the term in question without need of any formal
notice.
However, for three years after expiry of that term, the publisher may continue to
market at the normal price the copies remaining in stock, unless the author prefers to
buy the copies at a price which, in the absence of an amicable agreement, shall be
fixed according to expert opinion; this faculty afforded the first publisher shall not
prevent the author from making a further publication within a period of 30 months.
Art.49. (1) The publishing contract shall end, regardless of the cases provided for in
the general rules of law or in the foregoing articles, when the publisher destroys all
the copies.
(2) Termination shall take place automatically when, after receiving a formal notice
from the author fixing a suitable period, the publisher has not published the work or, if
it is out of print, has not republished it.