12
voluntary settlements. This right shall be extinguished where the spouse contracts a
new marriage.
Article 59 – After the death of the author, the royalty resale right mentioned in Article
40 shall subsist for the benefit of his heirs and for the beneficial right, referred to in
Article 58, of his spouse, to the exclusion of any legatees and successors in title,
during the current calendar year and the following seventy years.
TITLE III
EXPLOITATION OF RIGHTS
CHAPTER ONE
General Provisions
Article 60 – The global assignment of future works shall be null and void.
Article 61 – The performance, publishing and audiovisual production contracts
referred to in this title must be in writing. The same applies to performance
authorizations granted free of charge. In all other cases, the provisions of Articles 292
to 296 of Law No. 66-003 of 2 July 1966 on the General Theory of Obligations are
applicable.
Article 62 – The transfer of copyright is subject to the condition that each of the
rights assigned shall be mentioned separately in the deed of assignment and that the
scope, purpose, place and duration of the exploitation of the rights assigned shall be
defined. Where special circumstances demand, the contract may be validly entered
into by an exchange of telegrams provided the sphere of exploitation of the rights
assigned are delimited in compliance with the terms of paragraph 1 of this article.
The assignment of the rights of audiovisual adaptation must be the subject of a
written contract on a separate document from the contract on the publication as such
of the printed work. The assignee shall undertake by this contract to seek an
exploitation of the rights assigned in compliance with best practice in the profession
and, in the case of an adaptation, to pay the author remuneration in proportion to the
proceeds received.
Article 63 – The author may assign his rights in his work in whole or in part. This
assignment must include a proportional share of the proceeds of the sale or
exploitation for the benefit of the author. The remuneration of the author may,
however, be assessed as a lump sum in the following cases:
1) Where it is impossible in practice to determine the basis for calculating a
proportional share;
2) Where there are no means of monitoring the application of the share;
3) Where the calculation and monitoring costs would be disproportionate to the
desired results;
4) Where the nature or conditions of the exploitation make it impossible to apply the
rule of proportional remuneration, either because the author’s contribution does not
constitute one of the essential elements of the intellectual creation of the work or
because the use of the work is merely incidental to the subject of the exploitation;
5) In the event of the assignment of a software program;