COPYRIGHT- SEPTEMBER 1990
formed, shall be required to obtain the prior authorization as provided in Article 30 above.
The performance contract shall be concluded for
a limited term or for a specified number of communications to the public. Unless exclusive rights are
expressly stipulated, the contract shall not afford to
the entertainment promoter any exploitation monopoly.
The entertainment promoter may not transfer
the benefits of such intuitu personae contract without formal consent given in writing by the author or
his representative.
Article 52. The entertainment promoter shall be
required to inform the author, his successors in title
or ANPAC of the exact program of public peiiormances and to supply a documented statement of
receipts and to make payment to them as agreed in
the contract.
Article 53. A publishing contract is the instrument under which the author of a work or his successors in ·title assign to a person known as the publisher the right to manufacture or have manufactured a specific number of copies of the work, on
condition that such person ensures publication and
diffusion thereof.
Article 54. The publishing contract must specify
the form and mode of expression, the terms of execution of the publication and, possibly, the termination clauses.
It shall state the minimum number of copies that
are to constitute the first printing, except where it
stipulates a minimum of royalties guaranteed by
the publisher.
It must provide, for the author or his successors
in title, remuneration proportionate to the proceeds
of exploiting the work, except in the case of lumpsum remuneration as referred to in Article 4 7
above and in the case of publication by newspapers
and periodicals.
Article 55. The author shall be required to
-guarantee the publisher undisturbed and, unless otherwise agreed, exclusive exercise of the right
assigned;
-have the right respected and defend it against
any possible infringernent ;
-permit the publisher to fulfill his obligations
and, in particular, deliver to him, within the period
of time stipulated in the contract, the subject matter of the publication in a form allowing normal
manufacture.
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LAWS AND TREATIES
Article 56. The publisher shall be required to:
-carry out or have carried out manufacture in
accordance with the conditions, in the form and
following the modes of expression stipulated in the
contract;
-make no change to the work without written
authorization from the author ;
-unless otherwise agreed, have the name, pseudonym or symbol of the author appear on each of the
copies;
-unless specially agreed, effect publication
within the period of time that is usual in the
trade;
-ensure permanent and sustained exploitatiol;l of
the work and commercial distribution in accordance with the practices of the trade.
Article 57. The publisher shall also be requrred
to provide accounts to the author and appropriate
proof to establish the accuracy of his accounts.
Article 58. The author may give a publisher a
preferential right for the publication of his future
works of a given kind. This right shall be limited for
each kind of work to five new works as from the
date of signature of the publishing contract concluded for the first work or to production completed within a period of five years as from that
same date.
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Article 59. The following shall not constitute
publishing contracts within the meaning of Article
53 above:
-a contract of service known as a contract at "the
author's expense, which shall constitute a contract
of enterprise governed by the agreement, customary
practice and the provisions of the texts relating .~o
civil and commercial obligations;
-a contract of participation association known
as a contract at joint expense, which constitutes,;a
partnership.
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Chapter IV
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Duration of Economic _Right~
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Article 60. The economic rights of, ifi~. i!,uth~r
shall apply with respect to a work as of its :creation.
These rights shall last for the lifetime' of t.h:~ · autho(
On_his death, the rights shall subsist during ·tlle.c~r
rent calendar year and the fifty years thereafter. -_·
In the case of. works of collaboration, the· authors' economic rights shall subsist for the benefit
of all successors in title during the current calendar
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