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Alienation of Originals or Copies of Works, Transfer and License
Concerning Copyright in these Works
Article 43
An author who transfers by alienation the original or a copy of his work shall be considered,
unless otherwise stipulated in the contract, not to have assigned any of his economic rights,
nor to have granted any license for the performance of the acts covered by economic rights.
Notwithstanding the previous paragraph, the legitimate acquirer of an original or copy
of a work shall, unless otherwise stipulated in the contract, be entitled to present the original
or copy directly to the public.
The right specified in the second paragraph shall not be extended to persons who have
taken possession of originals or copies of a work by means of hiring or any other means,
without having acquired ownership thereof.
CHAPTER VIII
Provisions Specific to the Publishing Contract
Definition
Article 44
The publishing contract shall be the contract by means of which the author of a work or his
successors in title shall transfer, subject to specific conditions, to a person known as the
“publisher”, the right to produce or to have produced a number of copies of the work,
whereby the publisher shall cover the costs of publication and distribution.
General Provisions
Article 45
Subject to being declared null and void, the contract shall be drafted in writing and shall
provide, for the benefit of the author or his successors in title, remuneration proportionate to
the products used or flat rate remuneration.
Subject to the provisions governing the contracts concluded between minors and prohibited
persons, personal consent shall be mandatory, even where this relates to a legally incapable
author, unless the incapacity is physical in nature.
The provisions of the second paragraph of this Article shall not be applicable when the
publishing contract is endorsed by the author’s successors in title.
Obligations of the Author
Article 46
The author shall guarantee to the publisher:
— the peaceful and, unless otherwise specified, exclusive exercise of the transferred
right;
— that this right is respected and defended against any infringement that might be
made against it;
— the opportunity to produce and distribute the copies of the work.
Unless otherwise stipulated, the subject of the publication provided by the author shall
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