18
Article 91 – In addition to the author of the musical composition with or without
words, a contract binding a production to the authors of an audiovisual work shall,
save as otherwise provided and without prejudice to rights granted to the author by
the provisions of Articles 2, 24, 25, 30, 39, 59, 61, 66, 76 and 79, imply the
assignment of the exclusive exploitation rights in the audiovisual work to the
producer. A contract for audiovisual production shall not involve the assignment to
the producer of the graphic or theatrical rights in the work. The contract shall specify
a list of the elements used in the production of the work that have been kept and the
procedures for keeping them.
Article 92 – Remuneration is payable to the authors for each form of exploitation.
Subject to the provisions of Article 63, where the public pays a price to receive the
communication of a specified and identifiable audiovisual work, the remuneration
shall be proportional to this price, taking into account any decreasing rates granted
by the distributor to the operator, and it shall be paid to the authors by the producer.
Article 93 – The author shall guarantee the producer the peaceful enjoyment of the
rights assigned to him.
Article 94 – The producer shall be obliged to ensure that the audiovisual work is
exploited in accordance with professional practice.
Article 95 – At least once a year the producer shall provide the author and coauthors with a statement of the proceeds derived from the exploitation of the work for
each form of exploitation. At their request he shall supply them with all supporting
documents suitable for establishing the accuracy of the accounts, in particular a copy
of the contracts whereby he assigns to third parties all or part of the rights at his
disposal.
Article 96 – Save as otherwise agreed, each of the authors of an audiovisual work
may freely dispose of the part of the work that constitutes his own personal
contribution with a view to its exploitation in a different genre within the limits fixed by
Article 12.
Article 97 – Entry into entry into bankruptcy reorganization proceedings by the
producer does not lead to the termination of a contract for audiovisual production.
Where the production or exploitation of the work is continued by the receiver under
the conditions specified in Articles 61 ff. of Decree No. 55-583 of 20 May 1955, the
receiver is bound by all the producer’s obligations, in particular with regard to the coauthors. In the event of the assignment of all or part of the undertaking, or liquidation,
the administrator, the debtor or the liquidator, as the case may be, is obliged to
establish a separate lot for each audiovisual work that may be assigned or auctioned.
He is obliged to notify each of the authors and co-producers of the work by registered
letter, one month before any assignment or sale by public auction, on penalty of
invalidity. The purchaser is likewise bound by the obligations of the assignor. The
author and co-authors have right of first refusal on the work, save where one of the
co-producers declares himself a purchaser. In the absence of agreement, the
purchase price shall be set by expert opinion. Where the activity of the undertaking
has ceased more than three months previously, or where liquidation has been