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physically incapable of giving his consent. The provisions the preceding of the
preceding paragraph shall not be applicable where the publishing contract is signed
by the author’s successors in title.
Article 80 – The author must guarantee the publisher peaceful and, save as
otherwise agreed, exclusive enjoyment of the right assigned. He is obliged to ensure
respect for this right and to defend it against any infringements.
Article 81 – The author must put the publisher in a position to make and distribute
the copies of the work.
He must hand over the material to be published to the publisher, within the period
specified in the contract, in a form that makes normal production.
Save as otherwise agreed or where it is technically impossible, the material for
publication supplied by the author shall remain the property of the author. The
publisher shall be responsible for it for a period of one year after production has been
completed.
Article 82 – A publishing contract must indicate the minimum number of copies
constituting the first print run. This obligation shall not apply, however, to contracts
providing for a minimum number of copyrights guaranteed by the publisher.
Article 83 – The publisher is obliged to carry out or effect production under the
conditions, in the form and in accordance with the modes of expression stipulated in
the contract.
Without the written consent of the author he cannot make any alterations to the work.
Save as otherwise agreed, he must ensure that the author’s name, pseudonym or
mark features on each one of the copies.
In the absence of a special agreement, the publisher must effect publication within a
period set in keeping with the practice within the profession.
In the event of a fixed-term contract, the rights of the assignee are automatically
extinguished on expiry of the time limit without the need for formal notice. In the three
years after this expiry the publisher may, however, sell off, at the normal price, the
copies remaining in stock, unless the author prefers to buy these copies for a price
that shall be set according to expert opinion or evidence, in the absence of an
amicable agreement. This option, open to the first publisher, shall not prevent the
author from proceeding with a new publication within a period of thirty months.
Article 84 – The publisher is obliged to give the work steady, ongoing exploitation
and commercial distribution, in keeping with professional practice.
Article 85 – The publisher shall be obliged to render accounts. In the absence of
special procedures laid down in the contract, the author may require the publisher to
produce, at least once a year, a statement indicating the number of copies produced
during the financial year and specifying the date and size of the print runs and the
number of copies in stock. Save where contrary to normal practice, or otherwise
agreed, this statement shall also indicate the number of copies sold by the publisher,
the number of copies that are unusable or have been destroyed by unforeseeable
circumstances or force majeure, and the amount of any royalties payable or paid to
the author.