accordance with trade practice and to pay the author, in the event of adaptation, remuneration
that is proportional to the revenue obtained.
Article 48:
A clause by which the author undertakes to afford a right of preference to a publisher for the
publication of his future works of clearly specified kinds shall be lawful. This right shall be
limited, for each kind of work, to five new works or albums from the day on which the
contract is concluded for the first work or the author’s production within a five-year period
from that same day.
The publisher shall exercise the right afforded to him by notifying the author in writing of his
decision within three months of the date on which the author has delivered to him each final
manuscript.
With regard to phonographic recording the notification period shall be one month.
If the publisher enjoying the right of preference successively refuses two new works or
albums of the kind laid down in the contract submitted by the author, the author may
immediately and automatically regain his freedom with respect to any future works he
produces of that kind. However, if he has received advances from the first publisher against
his future works, he shall first reimburse such advances.
With regard to phonographic recording, the provisions of the above paragraph shall apply if
the publisher refuses two albums.
Section III –Obligations of parties under the publishing contract
Article 49:
The author shall guarantee that the publisher has the undisturbed and, unless otherwise
agreed, exclusive right to exercise the right assigned. He shall be required to enforce the right
and to protect it from any possible violation.
The author shall put the publisher in a position to manufacture and disseminate copies of the
work. He shall deliver to the publisher, within the period of time stipulated in the contract,
the subject matter of publication in a form permitting normal manufacture. The subject matter
of publication provided by the author shall remain the property of the author unless otherwise
agreed or it is technically impossible. The publisher shall be responsible for the subject
matter of publication for a period of one year after completion of manufacture.
Article 50:
The publishing contract shall state the minimum number of copies that constitute the first
printing. However, this obligation shall not apply to contracts laying down minimum
royalties guaranteed by the publisher.
The publisher shall be required to manufacture the work or have it manufactured under the
conditions, in the form and according to the modes of expression laid down in the contract.
He may not make any modification to the work without the written authorization of the
author.