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remain his property. The publisher shall be responsible for it for a period of one year after
the production has been completed.
Obligations of the Publisher
Article 47
The publisher shall be obliged to:
— carry out the production or have this done, according to the conditions specified in
the contract;
— make no change to the work, without the written authorization of the author;
— to display on each of the copies the name, pseudonym or mark of the author, unless
otherwise stipulated;
— supply any proof designed to establish the accuracy of his accounts.
The author may require, at least once a year, the production by the publisher of a report
mentioning:
YH
(a) the number of copies produced during the financial year with details of the date and
size of the print runs;
(b) the number of copies in stock;
(c) the number of copies sold by the publisher and the number unused or destroyed
inadvertently or in cases of force majeure;
(d) the amount of the fees due and, where applicable, that of the fees paid to the author;
(e) the sale price charged.
Remuneration
Article 48
The contract may provide either for remuneration in proportion to the products used
or for flat-rate remuneration.
As regards bookshop publishing, the remuneration may be a flat rate for the first
edition, with the author’s formal agreement, in the following cases:
(1)
(2)
(3)
(4)
(5)
scientific or technical works;
anthologies and encyclopædias;
prefaces, annotations, introductions, presentations;
illustrations of a work;
limited deluxe editions.
For works published in journals and periodical collections of any kind and by press
agencies, the remuneration for the author bound to the information company by a work or
service hiring contract may also be set at a flat rate.
Cases of Termination of the Publishing Contract
Article 49
In cases where the publisher becomes insolvent or is the subject of a bankruptcy
adjudication, the publishing contract shall not be terminated.
If the receiver or the party responsible for liquidation continues the venture subject to
the conditions of the Code of Commerce, he shall assume the rights and obligations of the
publisher.
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