e24702_SN004
Translated from French
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4. In the case of a contract of fixed duration, the rights of the assignee shall lapse
automatically on expiry of the term in question without need of any formal notice.
However, for three years after expiry of that term, the publisher may continue to market
at the normal price the copies remaining in stock, unless the author prefers to buy the
copies at a price which, in the absence of an amicable agreement, shall be fixed according
to expert opinion; this faculty afforded the first publisher shall not prevent the author
from making a further publication within a period of 30 months.
Section II. – Performance contracts
Article 75. Definitions. – 1. A performance contract is a contract under which the
author of a work of the mind or his successors in title authorize a natural or legal person
to communicate the work to the public under conditions which they stipulate.
2. "General performance contract" means a contract under which a collective
management society affords to an entertainment promoter the faculty of communicating
to the public, during the term of the contract, the present or, notwithstanding Article 66,
future works that constitute the repertoire of such body under the conditions laid down by
the author or his successors in title.
Article 76. Duration. – 1. A performance contract shall be concluded for a limited
duration or for a specified number of communications to the public.
2. The validity of the exclusive rights afforded by a playwright may not exceed five
years; the interruption of performances for two consecutive years shall automatically
terminate the contract.
Article 77. Exclusivity. - Unless exclusive rights are expressly stipulated, the
performance contract shall not afford the entertainment promoter an exploitation
monopoly.
Article 78. Transfer of contract. - An entertainment promoter may not transfer the
enjoyment of his contract without formal consent given in writing by the author or his
representative.
Article 79. Scope of authorization to broadcast. – Unless otherwise stipulated,
authorization to broadcast the work shall cover all communications effected free of
charge by a broadcasting organization using its own resources and under its own
responsibility. Such authorization shall not extend to communications of programs in
places open to the public or to any transmissions, through cable or wireless, by third
parties.
Article 80. Obligations of the entertainment promoter. - The entertainment promoter
shall be required to:
1. inform the author or his representatives of the exact program of performances;
2. furnish them with a certified statement of his takings;
3. pay them the amount of stipulated royalties;