exercise of commercial activities to another
party.
2. In this case the author shall have the right to
compensation for damages, material or moral,
resulting from the operation carried out.
3. The formation of the publisher’s share in any
commercial venture using the rights arising
from the publishing contract, shall, under the
terms of this Article and thus dependent on the
consent of the author, be deemed to be
assignment of those rights.
4. The award of the rights deriving from the
publishing contract to any of the partners in
the publishing company as a result of its
liquidation, with or without court supervision,
shall not be deemed to be the transfer of such
rights.
SECTION I
Performance
Article 102
For the purposes of this Law, performance shall mean
the staging before an audience of a dramatic,
dramaticomusical, choreographic or pantomime work
or other similar work, by means of dramatic fiction,
song, dance, music or other appropriate means.
Article 103
1. The use of an intellectual work for
performance shall always be subject to the
author’s consent, whether the performance is
public or private, whether or not an entrance
fee is charged and whether or not the
performance is for profit.
2. Where the work has already been disclosed in
any form by the author it may be performed
without his special authorization, on the
condition that that it is staged on a notfor
profit basis and in a family home.
Article 104
The performance contract, by which the author or the
successors to all or certain of his rights authorize an
individual or collective undertaking to promote the
performance of the work under certain conditions
stipulated in the same contract, the latter undertaking
to have the work performed in accordance with the
agreed conditions, shall be drawn up in writing and
shall be governed by the special provisions contained
in the present section.
Article 105
1. The performance contract, unless otherwise
agreed, shall not give the undertaking the
exclusive right of direct communication of the
work by this means; and the company may not
carry out the performance in a manner
differing from that provided for in the contract.
2. The granting of the right to perform certain
works shall not be presumed to be free of
charge and may be for a set or indefinite
period of time, for a set or unlimited number
of shows, for one or more locations, for one or
more theatres or venues suitable for
performance, or limited and defined in any
other way.
3. The granting of the performance right to
amateurs shall be presumed to be free of
charge.
Article 100
Publishing contracts may be cancelled:
1. in the event of the bankruptcy of the publisher,
unless within a period of six months, from the
date of the declaration of bankruptcy, it should
be decided under the terms of Article 1197 of
the Code of Civil Procedure that the contracts
concluded by the bankrupt party should be
honored, or where, within the same time
period, the entire establishment is handed over
to another party;
2. where, at the death of the individual publisher,
his establishment does not continue with one
or several of his successors;
3. where, duly notified by the author to complete
the work, the publisher does not do so within
the reasonable period defined by the judge;
4. where the author dies or is unable to complete
his work, as set out in Article 98(d), and in the
other cases specifically provided for by this
law.
Article 101
Where, in order to realize assets in a publisher’s
bankruptcy process it should be necessary to proceed
to sell, for a low price, the publisher’s stock of copies
of the published work, as a whole or in large lots, the
bankruptcy administrator must notify the author of this
fact at least fifteen days in advance. Such notice shall
be given in order to allow the author to take the
measures he deems suitable for the protection of his
material and moral rights. In addition, the author shall
have the preferential right over the purchase, at the
highest price reached, of the copies put up for auction.
CHAPTER III
Performance, recitation and representation
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