e24702_SN004
Translated from French
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4. effect the performance under technical conditions suitable to ensure the moral rights
of the author.
Section III. Audiovisual production contracts
Article 81. Definition. – An audiovisual production contract shall be a contract under
which several natural persons undertake, in return for payment, to create an audiovisual
work for a natural or legal person called the producer, who or which takes the initiative
and has the responsibility for creating the work.
Article 82. Presumption of assignment. – A contract binding the producer and the
authors of an audiovisual work, other than the author of a musical composition with or
without words, shall, unless otherwise stipulated, imply the assignment to the producer of
exclusive exploitation rights in the audiovisual work.
Article 83. Guarantee owed by the authors. – Each of the joint authors shall guarantee
to the producer the undisturbed exercise of the rights assigned.
Article 84. Exploitation in conformity with practices. - The producer shall be
required to comply with the practices of the trade in the exploitation of the audiovisual
work.
Article 85. Rendering of accounts. – 1. The producer shall, at least once a year,
furnish the author and the joint authors with a statement of revenue from exploitation of
the work in respect of each mode of exploitation.
2. At their request, he shall furnish them with all evidence necessary to establish the
accuracy of the accounts, in particular copies of the contracts in which he assigns to third
parties all or some of the rights which he enjoys.
Part two – Neighboring rights
Article 86. List of neighboring rights. – Neighboring rights to copyright shall be the
rights afforded to:
1. performers;
2. producers of phonograms and videograms;
3. broadcasting organizations;
4. publishers, provided that, if the work is in the public domain, the provisions of Article
157 are respected.
Article 87. Relationship between copyright and neighboring rights. - Neighboring
rights shall not prejudice copyright. Consequently, no provision in this part shall be
interpreted in such a way as to limit the exercise of copyright by the owners thereof.
Title I. – Provisions common to all neighboring rights