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Article 86 – The publisher shall be obliged to provide the author with any supporting
documents suitable for establishing the accuracy of his accounts. Where the
publisher fails to provide the necessary supporting documents, he shall be obliged to
do so by the court, pursuant to Article 15 of the Commercial Code.
Article 87 – Entry into entry into bankruptcy reorganization proceedings by the
publisher does not lead to the termination of the contract. Where a business
continues to be operated by a receiver, under the conditions stipulated in Articles 61
ff. of Decree No. 55-583 of 20 May 1955, the receiver is bound by all the obligations
on the publisher. Where the business is sold, pursuant to Article 62 of Decree No. 55586 of 20 May 1955, the purchaser is likewise bound by the obligations on the seller.
Where the business does not continue to be operated by the receiver and the said
business has not been assigned within a period of one year from the court
declaration of bankruptcy, the publishing contract may, at the request of the author,
be terminated. The receiver may not undertake the remaindering or other disposal of
copies that have been manufactured under the conditions laid down in Articles 61
and 62 of Decree No. 55-586 of 20 May 1955 until at least fifteen days after he has
notified the author of his intention, by registered letter with a request for advice of
receipt. The author shall have a right of first refusal on all or some of the copies. In
the absence of agreement, the buyback price shall be set by expert opinion.
Article 88 – The publisher may not transfer the benefit of publishing contract to third
parties, independently of his business concern, either free of charge or for a
consideration, or by means of a transfer to company, without first having obtained the
authorization of the author. In the event of the disposal of the business, if such
disposal is liable to be seriously detrimental to the material or moral interests of the
author, the latter is entitled to obtain reparation even in the form of the termination of
the contract. Where the publishing business was operated by a company or was in
co-ownership, the award of the business to one of the former partners or one of the
co-owners as a result of the liquidation or division shall under no circumstances be
deemed to be an assignment.
Article 89 – A publishing contract shall come to an end regardless of the situations
provided for in ordinary legislation or by the preceding articles when the publisher
proceeds to destroy all the copies. The contract shall be terminated as of right where,
when the author has formally notified him of a suitable time limit, the publisher has
not proceeded to publish the work or, where stocks have run out, to republish it. A
publication is deemed to be out of print where two requests for the delivery of copies
addressed to the publisher have not been met within three months. In the event of
the death of the author, where a work is incomplete the contract shall be rescinded
with respect to the unfinished part of the work, save as agreed between the publisher
and the author’s successors in title.
SECTION III
Contract for audiovisual production
Article 90 – The producer of an audiovisual work shall be the natural person or legal
entity who takes the initiative and the responsibility for producing the work.