Civil Code > TITLE XVI CONTRACTS FOR THE PERFORMANCE OF SERVICES 7

<< < TITLE XVI CONTRACTS FOR THE PERFORMANCE OF SERVICES 7 > >>

Chapter 7. Publishing contracts

Art. 2672 – Definition.

A publishing contract is a contract whereby a party, hereinafter called the author, assigns in whole or in part his incorporeal rights in a literary or artistic work to the other party, hereinafter called the publisher, who undertakes to reproduce or produce the work and to distribute it to the public.

Art. 2673 – Obligation to disclose.

Where all or part of the work has already been assigned to another publisher or has been otherwise published to the author’s knowledge, the latter shall inform the publisher thereof before the contract is entered into.

Art. 2674 – Form of contract.

The authorization given by the author to reproduce or produce his work shall be explicit.

Art. 2675 – Assignment of future works. – 1. Conditions.

(1) The assignment by the author of a work which he has not yet executed shall be valid where it relates to a work or works, sufficiently well-defined, which, in the estimation of a reasonable person, the author can complete within a period not exceeding two years.

(2) Where the author has assigned his rights in future works beyond this limit, he may at any time, notwithstanding any provision to the contratry, terminate the contract and retain the payments made to him by the publisher.

Art. 2676 – 2. Publisher’s prior right.

(1) An author who has terminated his contract shall be bound for a period not exceeding five years from the date of termination of the contract to assign his rights to the publisher in preference to any other person.

(2) He shall inform the publisher of such conditions as are proposed to him by third parties for the acquisition of these rights.

(3) The publisher shall, under pain of loss of right, declare within a reasonable period whether he intends to avail himself of his prior right.

Art. 2677 – Effect.

(1) The contract shall transfer to the publisher the author’s copyright in his work, in so far as the performance of the contract requires such transfer, in accordance with the provisions of this Title.

(2) The parties may depart from these provisions where the law does not expressly forbid the provision substituted therefore.

(3) In cases of doubt, the provisions of the contract shall be interpreted in favour of the author.

Art. 2678 – Restrictive interpretation.

(1) The authorization given to the publisher to deal with the work in a certain manner shall be interpreted restrictively.

(2) The publisher may not deal with the work otherwise than provided in the contract.

Art. 2679 – Authorised methods of dealing with work.

(1) However general the terms of the contract, the publisher shall acquire the right to deal with the work by such methods only as the parties had in view or ought to have had in view on the making of the contract.

(2) In this respect, regard shall be had to the estimation of a reasonable person.

Art. 2680 – Modification and translation.

An authorisation to reproduce or produce a work shall not imply an authorisation to adapt it, to modify it or to authorize its translation.

Art. 2681 – Recording of broadcast works.

An authorization to broadcast a work shall not imply an authorization to record, by means of a machine involving the fixation of sounds or image, the work broadcast.

Art. 2682 – Separate and complete works.

(1) The right to publish the works of an author separately shall not imply the right to publish them in the form of a complete edition.

(2) The right to publish the complete works of an author, or a certain class therof, shall not confer upon the publisher the right to publish separately the various works they comprise.

Art. 2683 – Author’s warranty.

The author shall warrant the publisher that he possesses and has the right to assign the literary or artistic copyright which he transfers to the publisher under the publishing contract.

Art. 2684 – Rights transferred to the publisher.

(1) So long as the editions which the publisher has the right to issue are not out of print, the author may not dispose of the work or any part thereof to the publisher’s prejudice.

(2) Contributions to a collective work, or articles, may not be republished by the author before the expiration of three years from the date when the first publication was completed.

Art. 2685 – Conflict between two publishers.

(1) Were the author, having assigned his rights to a publisher, assigns the same rights to another publisher, the contract concluded with the latter shall be valid unless he knew of the first contract.

(2) The author shall make good the damage done to each publisher.

Art. 2686 – Reproduction of the work.

(1) The publisher shall reproduce the work in an appropriate form, without abridgements, additions or modifications.

(2) He shall ensure publicity for the work and take the usual steps to ensure its distribution.

(3) He shall fix the selling price.

Art. 2687 – Author’s corrections.

(1) The author may at any time make corrections or improvements to his work, provided that they do not prejudice the publisher’s interests or increase his liability.

(2) Where such corrections or improvements involve the publisher in expense, the author shall indemnify him for it.

Art. 2688 – New edition.

Before issuing a new edition or a new impression, the publisher shall give the author an opportunity of improving his work.

Art. 2689 – Authorised editions and impressions.

(1) Unless otherwise agreed, the publisher shall have the right to publish only one edition of the work.

(2) Where the contract fails to specify how many copies an edition shall comprise, the publisher shall determine the size of the impression.

Art. 2690 – Edition out of print.

(1) Where the contract authorizes the publisher to publish several editions or all the editions of a work, the author may, when the last edition of the work becomes out of print, allow the publisher a period of one year within which to issue a new edition.

(2) The publisher shall forfeit his rights where he fails to do so within this period.

(3) Any provision to the contrary shall be of no effect.

Art. 2691 – Effect in the case of successive editions.

(1) Where the publisher is entitled to issue several editions, the conditions agreed upon for the first edition shall be deemed to apply to each subsequent edition.

(2) The provisions of sub-art. (1) shall apply in particular to the conditions relating to the author’s remuneration

Art. 2692 – Author’s remuneration. – 1.. Principle.

(1) A person assigning a work for publication shall be deemed to be entitled to a remuneration unless there are circumstances justifying the assumption that he agreed to forego any remuneration.

(2) In the absence of agreement between the parties, the remuneration due to the author shall be fixed by the court in accordance with equity.

Art. 2693 – 2. Free copies.

(1) The author shall be entitled to a certain number of free copies.

(2) In the absence of any provision in the contract, the number of these copies shall be fixed by the court in an equitable manner.

Art. 2694 – 3. Payment.

(1) The author’s remuneration shall be due as soon as the work is ready for sale.

(2) Where the parties have agreed that the author’s remuneration shall depend either wholly or partly on the expected sales, the publisher shall submit proofs of sale to the author at agreed intervals.

(3) Failing any provision to the contrary, the publisher’s accounts shall be rendered to the author during the first month of each year.

Art. 2695 – Loss of work. 1. Before publication.

(1) Where, after its delivery to the publisher, the work is accidentally lost or destroyed before publication, the publisher shall pay the author his remuneration.

(2) Where the author has a copy of the lost work, he shall place it at the publisher’s disposal.

(3) In other cases; he shall do the work again, against reasonable compensation, where this can be easily done and the publisher so requests.

Art. 2696 – 2. After publication.

(1) Where the edition made ready by the publisher is accidentally lost or destroyed, wholly or partly, the publisher may replace the lost copies at his own expense.

(2) The publisher shall replace such copies where he can do so without unreasonable expense.

Art. 2697 – Lapse of contract.

(1) A publishing contract shall lapse where the author dies or becomes incapable before the work is completed or where, without his fault, he is prevented from completing it.

(2) The death or incapacity of the publisher shall not terminate the contract.

(3) Where the publisher is declared bankrupt, the author may entrust the work to another publisher, unless he is given security for the performance of those of the publisher’s obligations which have not been performed at the time when the bankruptcy is declared.

LawCodes