A contract “at the author’s expense” shall not constitute a publishing contract within the meaning of
Article 43. Under such contract, the author or his assignees shall pay to the publisher an agreed
remuneration against which the publisher manufactures a number of copies of the work in the form
and according to the modes of expression specified in the contract and ensures their publication and
dissemination.
Such contract constitutes an employment contract governed by convention, usage and the
provisions of the national code on civil and commercial obligations.
Article 54
A contract “at joint expense” shall not constitute a publishing contract within the meaning of Article
43. Under such contract, the author or his assignees shall commission a publisher to manufacture at
his expense a number of copies of the work in the form and according to the modes specified in the
contract and to ensure their publication and dissemination in accordance with the agreement
reciprocally contracted to share the profits and losses of exploitation in the agreed proportion. Such
contract shall constitute a joint undertaking.
Chapter V: Performance contracts
Article 55
A “performance contract” shall be a contract under which an author or a professional body of
authors grants to a natural person or legal entity the right to perform their works or the works
constituting the repertoire of such body under the conditions stipulated by the contracting parties.
A “general performance contract” shall mean a contract under which a professional body of authors
grants to an entertainment promoter the right to perform, for the duration of the contract, the
existing or future works constituting the repertoire of such body.
Article 56
A performance contract shall be set out in writing. It shall be concluded for a limited duration or for
a specific number of communications to the public.
Exclusivity rights, the term of the first performance, the form of the performance and, if required,
the termination clauses, shall be determined by the contract.
Article 57
An entertainment promoter shall be required:
(a) to notify the author or his representatives of the exact programme of public performances;
(b) to supply them with a documented statement of receipts;
(c) to pay them the royalties received;
(d) to ensure that public performance takes place under technical conditions that guarantee respect
for the intellectual and moral rights of the author.
18