to limit the assignment or license to the scope and means of exploitation necessary for the
aims envisaged at the time of granting the assignment or license.
Article 44:
Assignment by the author of his rights in his work may be total or partial. Assignment shall
include a proportional share of the revenue from sale or exploitation for the author.
However, the author’s remuneration may be calculated as a lump sum in the following cases:
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the basis for calculating the proportional share cannot be practicably determined;
the lack of means to ensure the proportional share is applied, or the costs of
calculating and supervising operations would be out of proportion with the expected
results;
the nature or conditions of exploitation make application of the rule of proportional
remuneration impossible, either because the author’s contribution does not constitute
one of the essential elements of the intellectual creation of the work or because the use
of the work is only of an accessory nature in relation to the subject matter exploited.
Article 45:
If the exploitation right has been assigned and the author suffers a prejudice of more than
seven–twelfths as a result of a burdensome contract or of insufficient advance estimate of the
proceeds from the work, he may demand either the rescission of the contract or the review of
the price conditions under the contract.
In the event of the review of the price, such demand may only be formulated where the work
has been assigned against a lump sum remuneration.
The burdensome contract shall be assessed, taking into account the overall exploitation by the
assignee of the works of the author who claims to have suffered a prejudice.
Article 46:
Linked to the author’s economic rights is a general lien over the property of the debtor. The
lien shall subsist in spite of bankruptcy and judicial liquidation. The lien shall be filed after
the claims guaranteeing the salaries of employees.
Section II – Publishing contracts
Article 47:
The personal consent in writing of the author shall be obligatory. Notwithstanding the
provisions that govern contracts made by minors and adults under guardianship, consent shall
be required even in the case of a legally incompetent author, except where he is physically
unable to give his consent.
The provisions of the above paragraph shall not apply if the publishing contract is signed by
the author’s successors in title.
Assignment of audiovisual adaptation rights shall be effected by written contract in an
instrument separate from the contract relating to the publication itself of the printed work.
The assignee shall undertake by such contract to endeavor to exploit the assigned right in