through payment of a set commission
or any other form of remuneration;
(c) any agreement solely setting the fixed
or proportional remuneration to be
paid to the entity commissioned to
reproduce, distribute and sell the
copies of the work, with all risks being
undertaken by the copyright holder.
2. These contracts shall be governed by the legal
provisions contained therein, by the legal
provisions relating to service provision
contracts and by current commercial practice.
might arise from any law regulating copyright
published after the signing of that contract.
Article 73
Publishing contracts shall not imply the permanent or
temporary transfer to the publisher of the author’s right
to publish the work, but shall solely imply the granting
of authorization to reproduce the work in accordance
with the specific terms of the contract.
Article 74
Authorization to publish shall not give the publisher
the right to translate, transform or adapt the work to
other forms of use, nor shall it give him any other
power other than that included in the said contract or
arising from the nature of that contract.
Article 77
1. Publishing contracts shall only be valid if they
are drawn up in writing and they must always
contain mention of the number of copies to be
printed.
2. Where the publisher produces fewer copies
than the number agreed upon, he may be
compelled to make good the number; if he
fails to do so, the author may commission a
third party to produce the number of copies
missing, at the publisher’s expense, without
prejudice to his right to demand compensation
for loss and damages from the publisher.
3. Where the publisher produces a number of
copies greater than that agreed upon, the
owner of the copyright may have the
additional copies seized and take possession of
them, the publisher forfeiting the cost of such
copies.
4. The author shall have the right to verify, by
any means, the number of copies published.
He shall also have the specific right to request
an audit of the publisher’s books, or of those
of the enterprise producing the copies should it
not belong to the publisher.
Article 75
1. An agreement whereby the holder of copyright
in a work commissions another party to
produce, of his own accord, a set number of
copies of that work and to ensure its
distribution and sale and whereby the parties
agree to divide between them the profits or
losses of the exploitation shall not be deemed
to be a publishing contract.
2. This contract shall be subject to current
commercial practices and,,,secondarily, to the
requirements relating to joint ventures, as well
as to the special stipulations it contains.
Article 76
1. The following shall also not be deemed to be
publishing contracts:
(a) an agreement under which a person
undertakes, against payment of a
certain amount by the holder of the
copyright in a work, to produce a
certain number of copies of that work
under the conditions stipulated and to
ensure their distribution and sale on
behalf of the copyright holder;
(b) an agreement by which the holder of
the copyright in a work, has a certain
number of copies of that work
produced of his own accord, merely
commissioning the other party to
store, distribute and sell those copies,
Article 78
1. The author’s remuneration shall be that
specifically set out in the publishing contract
and it may consist either of a fixed quantity or
price to be paid for the edition as a whole, a
percentage of the price of each copy, the
attribution of a certain number of copies, or
payment on some other basis, according to the
nature of the work. Alternatively, a
combination of a number of these forms of
remuneration may be used.
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