Article L131-5-3 of the French Intellectual Property Code
November 8, 2023
The provisions of articles L. 131-4 to L. 131-5-1 are of public order
The provisions of articles L. 131-4 to L. 131-5-1 are of public order
A clause in an assignment that tends to confer the right to exploit the work in a form not foreseeable or not provided for at the date of the contract must be express and stipulate a correlative share in the profits of exploitation.
In the event of a partial assignment, the successor in title is substituted for the author in the exercise of the rights assigned, under the conditions, within the limits and for the duration stipulated in the contract, and with the obligation to render an account.
With a view to the payment of royalties and remuneration due to them for the last three years in connection with the transfer, exploitation or use of their works, as defined in article L. 112-2 of this code, authors, composers and artists benefit from the privilege provided for in 3° of Article 2331 and in Article 2377 of the Civil Code.
The contract mentions the producer’s option to use the technical measures provided for in Article L. 331-5 as well as the information in electronic form provided for in article L. 331-11, specifying the objectives pursued for each mode of exploitation, as well as the conditions under which the author may have access to the essential characteristics of the said technological measures or information in electronic form which the producer actually…
A publishing contract is a contract by which the author of a work of the mind or his successors in title assign to a person called a publisher, on specified terms, the right to make or have made in number copies of the work or to produce it or have it produced in digital form, with the responsibility for its publication and distribution.
Does not constitute a publishing contract, within the meaning of Article L. 132-1, the so-called author’s account contract. With this type of contract, the author or his successors in title pay the publisher an agreed remuneration, with the latter being responsible for producing a number of copies of the work in the form and modes of expression specified in the contract, or for producing it or having it produced in…
Does not constitute a publishing contract, within the meaning of article L. 132-1, the so-called half-account contract. With this type of contract, the author or his successors in title commission a publisher to produce, at the publisher’s expense and in number, copies of the work or to produce it or have it produced in digital form, in the form and according to the modes of expression determined in the contract,…
A stipulation by which the author undertakes to grant a preferential right to a publisher for the publication of his future works of clearly determined genres is lawful. This right is limited for each genre to five new works from the day of signature of the publishing contract concluded for the first work or to the author’s production completed within a period of five years from the same day. The…
The contract may provide either for remuneration proportional to the operating revenue or, in the cases provided for in articles L. 131-4 and L. 132-6, a flat fee.
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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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