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also to publicize and distribute the work and to take all reasonable steps
in order to promote the sales thereof. The price will be determined by the
publisher at his discretion provided that it does not hinder sales of the
work.
Right to Remuneration
Unless otherwise agreed, the originator may request remuneration.
If the price is not established contractually, where the presumption is
that publication of the work would necessarily involve remuneration, the
judge determines the price. Where the publisher is entitled to produce
several editions, the presumption is that the level of remuneration and the
other terms and conditions for subsequent editions are the same as for the
first edition.
Pursuant to Article 497 of the TCO, the remuneration is payable as
soon as the complete work, or in the case of works appearing in separate
parts such as volumes, fascicles or issues, each part thereof is printed and
ready for sale.
Termination of the Publishing Contract
If the work is destroyed by contingency after delivery to the publisher,
the publisher still remains obliged to pay the originator’s remuneration.
Pursuant to Article 499 of the TCO, if an edition already produced by the
publisher is partly or entirely destroyed by contingency before it is put on
the market, the publisher is entitled to replace the destroyed copies at his
own expense without giving rise to a claim for additional remuneration
on the part of the originator.
Article 500 of TCO states that the contract will be terminated
automatically in the event of the death or incapacitation of the originator
before the work is completed or in the event that the originator is prevented
from completing it without his own fault. However, the judge may decide
on continuation of the contract, where this is deemed both feasible and
equitable, and order any necessary alterations.
In the event of the publisher’s bankruptcy, the originator may entrust
the work to another publisher. However, if the originator is furnished with