Title III: Exploitation of rights

With regard to bookshop publishing, the author’s remuneration may be subject to flat-rate remuneration for the first edition, with the author’s formally expressed agreement, in the following cases: 1° Scientific or technical works; 2° Anthologies and encyclopaedias; 3° Prefaces, annotations, introductions, presentations; 4° Illustrations for a work ; 5° Limited edition luxury editions; 6° Prayer books; 7° At the request of the translator for translations; 8° Cheap popular editions; 9°…

The author’s personal consent, given in writing, is mandatory. Without prejudice to the provisions governing contracts entered into by minors and adults under curatorship, consent is even required where the author is legally incapable, unless he or she is physically unable to give consent. The provisions of the previous paragraph do not apply where the publishing contract is entered into by the author’s successors in title.

The author must guarantee to the publisher the peaceful and, unless otherwise agreed, exclusive exercise of the assigned right. He is obliged to enforce this right and to defend it against any infringements made against it.

The author must enable the publisher to manufacture and distribute copies of the work or to produce the work in digital form. The author must deliver to the publisher, within the period specified in the contract, the subject matter of the edition in a form that allows the work to be manufactured or produced in digital form. Unless otherwise agreed or technically impossible, the subject matter of the edition supplied…

The publishing contract must state the minimum number of copies constituting the first print run. However, this obligation does not apply to contracts providing for a minimum of copyright guaranteed by the publisher.

The publisher is obliged to carry out or have carried out the manufacture or production in digital form under the conditions, in the form and according to the modes of expression provided for in the contract. He may not, without written authorisation from the author, make any changes to the work. He must, unless otherwise agreed, display on each of the copies or on the work produced in digital form…

The publisher is obliged to ensure that the work is permanently and continuously exploited and commercially distributed, in accordance with the practices of the profession.

The publisher is obliged to render an account. The author may, in the absence of special terms provided for in the contract, require at least once a year the production by the publisher of a statement mentioning the number of copies manufactured during the financial year and specifying the date and size of print runs and the number of copies in stock. Unless otherwise customary or agreed, this statement will…

The publisher is obliged to provide the author with all justifications likely to establish the accuracy of his accounts. If the publisher fails to provide the necessary justifications, he will be obliged to do so by the judge.

The publisher’s safeguard or receivership proceedings do not result in termination of the contract. When the business is continued in application of articles L. 621-22 et seq. of the Commercial Code, all the publisher’s obligations to the author must be respected. In the event of transfer of the publishing business in application of articles L. 621-83 et seq. of the aforementioned Commercial Code, the purchaser is bound by the obligations…