NATIONAL LEGISLATION (ii) the cost of supervision would be out of propor­ tion to the results expected; (iii) the use of the work is merely of an accessory nature in relation to the subject matter ex­ ploited. Notwithstanding the assignment of his right of exploitation, the author shall enjoy, even after the publication of the work, the right to disavow or with­ draw in relation to the assignee. He may only exer­ cise this right, however, on condition that he indem­ nifies the assignee beforehand for any loss that the disavowal or withdrawal may cause him. When the author decides to have his work pub­ lished after having exercised the right to disavow or withdraw, he shall be bound to offer priority exploi­ tation rights to the assi-gnee he originally chose, under the conditions originally specified. CHAPTER IV Droit de Suite Article 24. Notwithstanding any assignment of the original work, authors of graphic and three­ dimensional works shall have an inalienable right to share in the proceeds of any sale of the work by public auction or through ·a dealer. After the author's death, this droit de suite shall subsist to the benefit of his heirs for the pe-riod laid down in Article 42. This right shall take the form of a deduction, in favor of the author or his heirs, of 5 °/o of the pro­ ceeds of the sale. CHAPTER V Cinematographic and Broadcast Works Article 25. A cinematographic work shall be the property of the natural person or legal entity who or which has taken the initiative for the making of the work and the responsibility for exploiting it. That person or entity, called the maker, shall be deemed to be invested with the copyright in the work. The maker shall be required, prior to the making of the work, to ·conclude contracts with all those whose works are to be used in the making. Such contracts, with the exception of those con­ cluded with the authors of musical compositions with or without words, shall, unless otherwise stipulated, imply assignment to the maker of the exclusive right of cinematographic exploitation; they shall be in writing. Article 26. The maker shall also be required, prior to the making of the cinematographic work, to conclude contracts with the intellectual creators of the cinematographic work, and in particular: 203 (i) the author of 'the script; (ii) the author of the adaptation; (iii) the author of the musical compositions with or without words specially composed for the work; (iv) the director; (v) the author of the dialogue. These contracts shall, unless otherwise stipulated, imply assignment to the maker of the exclusive right of cinematographic exploitation; they shall be in writing. Article 27. The director of a cinematographic work shall be the person who assumes the direction of, and artistic responsibility for, the transformation into image-s .and sounds and the ·cutting of the cinema­ graphic work, and its final editing. The cinemato­ graphic work shall be deemed to be completed when the first "master print" has been established by com­ mon consent between the director and the maker. Article 28. If one of the intellectual creators of a cinematographic work refuses to complete his contri­ bution to the work or is unable to complete such contribution owing to circumstances beyond his con­ trol, he may not ·object to the use of the part of his contribution already in existence for the purpose of the completion of the work. Unless otherwise stipulated, the intellectual cre­ ators of a cinematographic work may use their per­ sonal contributions freely with a view to their exploi­ tation in a different type of work, provided that such use does not prejudice the exploitation of the work in which they have collaborated. Article 29. The authorship of ·a radj.o or televi­ sion work shall belong to the nat!ural pernon or persons who assume the intellectual creation of the work. The provisions of Article 28 shall be applicable to radio or television works. CHAPTER VI Authors' Contracts Article 30. Contracts under which the author or his successors in title authorize the performance or publication of his work shatll, on pain of nullity, be dmwn up in writing. The same shall apply to per­ £ormance authorimtions granted free of charge. Such contracts shall mention the method of ex­ ploitation and the manner of remuneration specified by the author or his successors in •title. They shall be subject to the provisions of the Code of Civil and Commercial Obligations. The transfer of the author's rights shall be subject to the condition that each of the rights assigned is mentioned separately in the instrument of assignment and that the area of exploitation of the rights as­