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Article L132-16 of the French Intellectual Property Code

The publisher may not transfer, whether free of charge or for consideration, or by way of contribution to a company, the benefit of the publishing contract to third parties, independently of his goodwill, without having first obtained the author’s authorisation. In the event of alienation of the goodwill, if this is of such a nature as to seriously compromise the material or moral interests of the author, the latter is…

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Article L132-17 of the French Intellectual Property Code

The publishing contract is terminated, without prejudice to the cases provided for by common law, by the preceding articles of this sub-section or by the articles of sub-section 2, when: 1° The publisher proceeds to the total destruction of the copies; 2° The publisher, after formal notice from the author setting a suitable time limit, has not proceeded to the publication of the work or, in the case of exhaustion,…

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Article L132-17-1 of the French Intellectual Property Code

Where the purpose of a publishing contract is to publish a book in both printed and digital form, the conditions relating to the transfer of exploitation rights in digital form shall be set out in a separate part of the contract, failing which the transfer of such rights shall be null and void.

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Article L132-17-1-1  of the French Intellectual Property Code

Rights arising from the exploitation of several books by the same author governed by separate publishing contracts may not be offset against each other, unless an agreement to the contrary, separate from the publishing contracts, is concluded with the formally expressed agreement of the author and under the conditions set out in the binding agreement referred to in article L. 132-17-8.

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Article L132-17-2 of the French Intellectual Property Code

I.-The publisher is obliged to ensure the permanent and ongoing exploitation of the book published in printed or digital form. II.-The transfer of exploitation rights in printed form is automatically terminated if, after formal notice has been given by the author by registered letter with acknowledgement of receipt, the publisher does not meet its obligations in this respect within six months of receipt. This termination has no effect on the…

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Article L132-17-3 of the French Intellectual Property Code

I.-For each book, the publisher is required to report to the author on the calculation of his remuneration in an explicit and transparent manner. To this end, the publisher shall send the author, or make available to the author by an electronic communication process, a statement of accounts mentioning: 1° Where the book is published in printed form, the number of copies manufactured during the financial year, the number of…

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Article L132-17-3-1 of the French Intellectual Property Code

The publisher pays the royalties no later than six months after the accounts are closed, unless otherwise agreed in the binding agreement referred to in article L. 132-17-8. If the publisher has not complied with its obligation to pay the royalties within the time limits stipulated in the first paragraph of this article, the author has a period of twelve months in which to give formal notice to the publisher…

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Article L132-17-4 of the French Intellectual Property Code

I.-The publishing contract is terminated at the author’s or publisher’s initiative if, for two consecutive years beyond a period of four years after the publication of the work, the statements of accounts do not show any rights paid, or credited in compensation for a deposit, in respect of any of the following operations: 1° Single sale of the book in its entirety in printed form, with the exception of sales…

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Article L132-17-4-1 of the French Intellectual Property Code

For the publication of a book in printed form, if the parties agree on a provision for returns of unsold copies, this must be set under the conditions provided for by the binding agreement referred to in article L. 132-17-8. The publishing contract determines the rate and basis of the provision or, failing that, the principle for calculating the amount of the future provision. The binding agreement referred to in…

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