five years; the interruption of performances for two consecutive years shall automatically
terminate the contract.
Unless exclusive rights are expressly stipulated, the performance contract shall not confer on
the entertainment promoter any exploitation monopoly. The entertainment promoter may not
transfer the benefit of his contract without formal consent given in writing by the author or his
representative.
The entertainment promoter shall be required to notify the author or his representatives of the
exact program of public performances and furnish them with a certified statement of receipts.
He shall pay the author or his representatives at the agreed times the amount of royalties
stipulated.
The entertainment promoter shall ensure that public performance takes place under technical
conditions that guarantee respect for the author’s intellectual and moral rights.
Article 58:
Unless otherwise agreed:
- authorization to telecast a work by electromagnetic waves shall not include the
cablecasting of such telecasts, unless made simultaneously and in full by the
organization granted the authorization and without extension of the contractually
stipulated geographical area;
- authorization to telecast a work shall not constitute authorization to communicate the
telecast of the work in a place to which the public has access;
- authorization to telecast a work by electromagnetic waves shall not include its
transmission towards a satellite enabling the work to be received through other
organizations unless the authors or their successors in title have contractually
authorized these organizations to communicate the work to the public; if so, the
broadcasting organization shall be exempted from paying any royalties.
Section V - Audiovisual production contracts
Article 59:
Contracts binding the producer and the authors of an audiovisual work, other than the author
of a musical composition with or without words, shall imply, unless otherwise stipulated and
notwithstanding the rights afforded to the author, the assignment to the producer of the
exclusive exploitation rights in the audiovisual work.
Audiovisual production contracts shall not imply the assignment to the producer of the
graphic and theatrical rights in the work.
Such contracts shall lay down the list of elements which served to produce the work and are to
be stored, as well as the conditions of this storage.
Unless agreed otherwise, each of the authors of an audiovisual work may freely dispose of the
part of the work that constitutes his personal contribution for the purpose of exploiting it in a
different field if this does not prejudice the exploitation of the joint work.
Article 60:
Remuneration shall be payable to the authors for each mode of exploitation.