204 COPYRIGHT - JUNE 1981 signed is limited with respect to extent and purpose, and also with respect to place and duration. Where required by special circumstances, the contract may be validly concluded by exchange of telegrams, on condition that the area of exploitation of the rights assigned is defined in accordance with the provisions of the third paragraph of this Article. (a) Publishing Contract j. f Article 31. A publishing contract is a contract under which the author of the work or his successors in title transfer to the publisher, under specified con­ ditions, the right to manufacture, in quantity, gra­ phic, mechanical or other copies of the work, on condition that he ensures the publication and dissem­ ination thereof. The form and mode of expression, the manner in which publication is to take place and the termination clauses shall be determined by the contract. Article 32. The publishing contract shall mention the minimum number of copies constituting the first printing. Howeve-r, this obligation shall not apply to contracts specifying minimum royalties guaranteed to the author by the publisher. They shall provide for remuneration proportion­ ate to the proceeds from ·exploitation, except in the case of ·lump-sum payment made in accordance with A-rticle 23 of this Law. Article 33. The publisher may, either free of charge or for a considemtion, or as a share in any corporate partnership, transfer the benefits of the publishing contract to a third party independently of his own business without having obtained the prior authorization of the author. In the case of disposal of the business, if such disposal is liable to prejudice seriously the material and moral interests of the author, the latter shall be entitled to obtain redress, even by means of termination of the contract. Where the pu'blishing business was operated as a corporation or as a joint enterprise, the fact of en­ trusting the business rto one ·Of the former share­ holders or partners as a result of its liquidation or division shall in no case be considered an assignment. In the case of a contract with a specific term, the rights of the assignee shall lapse automatically on expiry of the term, without nee-d for formal notice. The publisher may, however, for three years following such expiry, proceed to sell the copies re­ maining in stock at the standard price, except where the author prefers to purchase those copies at a price to be fixed, failing amicable agreement, by expert opinion, provided that this right conferred on the first publisher shall not prevent the author from having a new edition made within a period of 30 months. Article 34. The publisher shall be required to provide the author with all the documentary evi­ dence necessary for establishing the accuracy of his accounts. In the absence of special procedures spe­ cified in the contract, the author may, at least once a year, demand that the publisher produce a statement showing the number of copies manufactured in the course of the period concerned, with details of the date and volume of printings, the number of copies in stock, the number of copies sold by the publisher, the number of copies unused or destroyed by accident or by circumstances beyond his control, the amount of royalties payable and, where appropriate, the amount of royalties paid to the author. Any clause to the contrary shall be deemed not to have been written. Neither the bankruptcy of the publisher nor a settlement approved by the court shall terminate the contract. The receiver shall not proceed to remainde-r the copies in stock or sell them out for at least 15 days after having advised the author of his intention, by registered letter with a request for acknowle-dgement of receipt. The author shall have an option to purchase all or part of the copies. In the absence of agreement, the purchase price shall be fixed by expert opinion. Article 35. The publishing contract shall termi­ nate, regardless of cases provided for in ordinary legal provisions or in the foregoing Articles, when the publisher destroys all the copies. Termination shall take place automatically when, after formal notice has been served on him by the author and a suitable period fixed, the publisher does not proceed with publication of the work or, where the work is out of print, with its republication. An edition shall be considered out of print if two orders for the delivery of copies addressed to the publisher have not been met within three months. If the work is not completed on the author's death, the contract shall terminate with respect to the uncompleted part of the work, unless otherwise agreed between the publisher and the successors in title ·of the author. Article 36. The author shall '·deliver to the pub­ lisher the work to be published within the period specified in the contract and in a form that permits manufacture. Unless otherwise agreed or impossible for technical reasons, the work handed over by the author for publication shall remain his property. The publishe-r shall be responsible for it during a period of one year after m·anufacture is completed. Article 37. A contract for publication at the author's expense [a compte d' auteur] does not con­ stitute a publishing contract within the meaning of Article 31.