NATIONAL LEGISLATION
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Under such a contract, the author or his succes
sors in tltle pay the editor an agreed sum, on condi
tion that the latter manufactures copies of the work
in quantity, in the form and according to the modes
of expression specified in the contract, and that he
ensures publication and dissemination thereof.
Such a contract constitutes a contract for the
making of a work, governed by the agreement, usage
and the provisions of the Code of Civil and Com
mercial Obligations.
Article 38. A "shares" contract [de compte a
demi] does not constitute a publishing oontr.act within
the meaning rof Artic1e 31.
Under such a contract, the author or his succes
sors in title commission a publisher to manufacture,
at his expense and in quantity, copies of a work in
the form and according to the modes of expression
specified in the contract, and to ensure publication
and dissemination thereof, subject to an agreement
reciprocally contracted to share the benefits and
losses of exploitation in the proportions specified.
Such a contract constitutes a partnership.
(b) Performance Contract
Article 39. A performance contract is a contract
under which the 1author of an intellecvual work or
his successors in title authorize a natural person or
legal entity to perform the work under specified
conditions.
A contract under which a professional organiza
tion of authors grants an entertainment manager the
right to perform, for the duration of the contract, the
existing or future works constituting the repertoire
of the said organization under conditions specified by
the author or his successor-s in title shall be called a
general performance contract. In the case provided
for in the foregoing paragraph, an exception may be
ma,de to the provisions of Article 21.
Article 40. The performance contract shall be
concluded for a limited period or for a specified
number of communications to the public.
Except where exclusive rights are expressly pro
vided for, the ·Contract l'lhall not confer any monopo1y
of exploitation on the entertainment manager. The
entertainment manager may transfer the benefits of
his contract without the formal and written consent
of the author or his representative.
The validity of the exclusive rights granted by the
dramatic author may not exceed five years; any inter
ruption of performances in the course of two con
secutive years automatically causes them to lapse.
Article 41. The entertainment manager shall be
obliged:
(i) to notify the author m his representatives of
the exact program of publlic performances;
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(ii) to provide them with a documented sfiatement
of receipts;
(iii) 1:o pay them the alffiount of royalties provided
for;
(iv) ·l!o ensure public performance under technical
conditions such as will guarantee the intel
lectual and !ffioral rights nf >the author.
CHAPTER VII
Term of Protection
Article 42. Copyright shall subsist during the life
time of the author and for 80 calendar years from the
end of the year of his death.
In the case of a work of joint ·authorship, the only
date taken into considerahon for the calculation of
the te11m of protection shahl ·be that of the death of
the la!st surviving coauthor.
Article 43. Copyright shall subsist:
(a) for 80 calendar years from the end of the year in
which the work is lawfully made accessible to the
public in the case of:
(i) anonymous or pseudonymous works, ex
cept where the identity of the author of the
work becomes known before expiry of the
term provided for in this Artiole, in which
case ·the term provided for in ATticle 42
shall be applioable;
(ii) cinematographic works;
(iii) posthumous works;
(iv) collective works.
Where a collective work is published in in
stallments, the term shall run from January 1 of
the calendar year following the publication of
each installment. Provided that publication is
completed within the 20 years following publi
cation of the first installment, the term of the ex
clusive rights in the work as a whole shall not end
unti1 the expiry of the 80th year following the
year of publication of the las.t installment;
(b) for 40 oalendar years from the end of the year of
the author's death in the case of photographic
works and works of applied art.
Article 44. A general lien on the assets of the
debtor shall attach to the economic rights of the au
thor. This lien shall be unaffected by bankruptcy and
settlements approved by the court. It shall operate
illllllediately after that which guarantees the wages
of employees.