A publishing contract shall be one under which the author of a work or his assignees grant to a
publisher, under specified conditions, the right to make or have made a number of graphic,
mechanical or other copies of the work, whereby the publisher is required to effect publication and
dissemination thereof.
The contract shall be set out in writing, on pain of nullity.
Article 44
1. The form and mode of expression, the conditions for carrying out the publication and, where
appropriate, the termination clauses, shall be laid down in the contract.
2. The editor may not, without the permission of the author, make any modifications to the work.
Unless otherwise agreed in the contract, he shall place on each of the copies the name or
pseudonym of the author.
3. Unless there is a special agreement, the publisher shall complete the publication within the term
customary in the trade.
Article 45
The author shall guarantee the publisher the undisturbed and, unless otherwise agreed, exclusive
exercise of the right assigned.
Article 46
The author shall put the publisher in a position to manufacture and make available to the public
copies of the work.
He shall deliver to the publisher, within the period of time stipulated in the contract, the subject
matter for publication in a form permitting normal manufacture.
The subject matter for publication furnished by the author shall remain the property of the author
unless otherwise agreed.
Article 47
The publishing contract must state the number of copies that constitute the first printing. Unless
otherwise agreed, no additional publication shall take place without further agreement by the
author.
Article 48
The remuneration of the author shall consist of a percentage of the sale price of each copy of the
work sold and, for publication in the original language, that percentage may not be less than 10 per
cent. Further, the publishing contract may provide for an advance to be made to the author on his
rights, at the time of either commissioning or accepting the manuscript.
The publisher shall be required to furnish the author with all evidence required to establish the
accuracy of his accounts.
16