For posthumous works, the duration of the exclusive right is that set out in article L. 123-1. For posthumous works disclosed after the expiry of this period, the term of the exclusive right is twenty-five years from 1 January of the calendar year following that of publication.
The right to exploit posthumous works belongs to the author’s successors in title if the work is disclosed during the period provided for in Article L. 123-1.
If the disclosure is made after the expiry of this period, it belongs to the owners, by succession or by other title, of the work, who carry out or cause to be carried out the publication.
Posthumous works must be published separately, except where they constitute only a fragment of a previously published work. They may only be attached to previously published works by the same author if the author’s successors in title still enjoy the right of exploitation over them.