Unless otherwise stipulated, the performance contract
shall give the author the right to:
1. introduce into the work, independently of the
other party’s consent, the changes he deems
necessary, provided that they do not prejudice
its general structure or detract from its
dramatic or theatrical interest;
2. be consulted regarding casting;
3. attend rehearsals and give the necessary
indications regarding interpretation;
4. be consulted regarding the choice of artistic
collaborators:
5. object to performances with regard to which
he considers that there have not been sufficient
rehearsals to ensure success. Should the author
abuse this power and postpone the
performance without any grounds, he shall be
liable for loss and damages;
6. verify the performance himself or through his
representative, for which purpose they shall
have free access to the premises during the
performance.
4. The performance contract shall include the
conditions of payment, in addition to the
remuneration due to the author(s).
Article 106
Where performance of a work that requires a license,
authorization or clearance from the authorities, in order
to obtain said authorization/clearance the competent
authority shall be given documentary proof that the
author has agreed to the performance of the work.
Article 107
1. In cases of performance of an intellectual work
without the authorization of the author or his
successors, the author/successors shall have
the right to have the performance halted
immediately and to claim compensation for
loss and damages, without prejudice to any
criminal action arising from the infringement.
The same shall apply to a performance which
has prior authorization but which is not staged
in accordance with the conditions under which
it was authorized.
2. The gross revenue resulting from the show or
shows shall always be taken into account when
calculating damages.
Article 108
1. The author’s remuneration for granting the
right to perform a work may consist of a flat
fee payment, a percentage of the revenue from
performances, a certain sum for each show, or
may be determined in any other form laid
down in the contract.
2. Payment of the author’s remuneration shall be
made under the terms and deadlines laid down
in the contract and, unless otherwise agreed,
where the author’s remuneration is determined
by the revenue from performances, it shall be
paid on the day following that of the respective
performances.
3. Where remuneration is determined by the
revenue from each performance, the author or
his representative shall have the right to verify
the corresponding receipts.
4. Where the impresario falsifies the statement of
receipts provided to the author, or uses other
fraudulent methods to conceal the true results
of his exploitation from the author, he shall be
liable to the penalties set out in Articles 219
and 451 of the Penal Code and the author shall
have the right to cancel the contract.
Article 109
Article 110
Where it has been agreed in the contract that
performance of the work shall be entrusted to specific
actors or performers, their replacement may only take
place with the consent of the contracting parties.
Article 111
1. Under the contract, the impresario shall
undertake to have the work performed in
public within the agreed period, and in the
absence of any agreed period, within a period
of one year from the date of signature of the
contract, except in the case of dramatico
musical works where the period shall be two
years. Failure to meet this obligation shall give
the author the right to cancel the contract and
claim compensation for loss and damages.
Exception shall be made for prohibition by the
authorities or any other case of force majeure.
2. Moreover, the impresario must hold the
rehearsals necessary to ensure the staging of
the work under appropriate technical
conditions and, in general, make every effort
customary in such circumstances to ensure the
success of the performance.
Article 112
The impresario must have the work performed
according to the text provided by the author and he
may not make any changes, such as deletions,
substitutions or additions, without the author’s express
consent. An exception shall be made in instances
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