Subject to the provisions of Article 44, paragraph 2 above, where the public pays a price to
receive communication of a given, individually identifiable audiovisual work, remuneration
shall be proportional to the price, subject to any sliding scale of tariffs afforded by the
distributor to the operator. Remuneration shall be paid to the authors by the producer.
The authors of musical compositions with or without words shall be entitled to collect directly
from persons publicly showing the work separate remuneration for such a showing. In the
absence of an agreement between the parties, the remuneration shall be fixed in accordance
with the applicable Regulation.
Article 61:
The author shall guarantee that the producer has the undisturbed exercise of the assigned
rights.
Article 62:
The producer shall be required to ensure that the exploitation of the audiovisual work is in
accordance with the practices of the trade.
Article 63:
At least once a year the producer shall furnish the author and co-authors with a statement of
income resulting from the exploitation of the work in respect of each mode of exploitation.
At their request, he shall give them any evidence necessary for establishing the accuracy of
the accounts, in particular copies of the contracts in which he assigns to third parties all or a
part of the rights he holds.
Article 64:
Judicial rehabilitation of the producer shall not imply termination of the audiovisual
production contract. Where the making or exploitation of the work is continued, the receiver,
trustee or any person involved in the company’s operations during its bankruptcy or judicial
liquidation shall be required to respect all of the producer’s obligations, in particular those
towards the author or co-authors.
Article 65:
In the event that all or a part of the enterprise is assigned or liquidated, the receiver, debtor or
liquidator, as appropriate, shall be required to establish a separate lot for each audiovisual
work that may be subject to assignment or to auction. He shall be required to inform, on pain
of nullity, each of the authors and co–producers of the work by registered letter one month
before any decision on assignment or any sale by auction of property held indivisum. The
acquirer shall similarly be held to the obligations of the seller.
Article 66:
The author and co-authors shall have a right of preemption in respect of the work unless one
of the co–producers states his intention to acquire. Failing agreement, the purchase price shall
be fixed by expert opinion.
Article 67: