NATIONAL LEGISLATION 1 t !'- Under such a contract, the author or his succes­ sors in tltle pay the editor an agreed sum, on condi­ tion that the latter manufactures copies of the work in quantity, in the form and according to the modes of expression specified in the contract, and that he ensures publication and dissemination thereof. Such a contract constitutes a contract for the making of a work, governed by the agreement, usage and the provisions of the Code of Civil and Com­ mercial Obligations. Article 38. A "shares" contract [de compte a demi] does not constitute a publishing oontr.act within the meaning rof Artic1e 31. Under such a contract, the author or his succes­ sors in title commission a publisher to manufacture, at his expense and in quantity, copies of a work in the form and according to the modes of expression specified in the contract, and to ensure publication and dissemination thereof, subject to an agreement reciprocally contracted to share the benefits and losses of exploitation in the proportions specified. Such a contract constitutes a partnership. (b) Performance Contract Article 39. A performance contract is a contract under which the 1author of an intellecvual work or his successors in title authorize a natural person or legal entity to perform the work under specified conditions. A contract under which a professional organiza­ tion of authors grants an entertainment manager the right to perform, for the duration of the contract, the existing or future works constituting the repertoire of the said organization under conditions specified by the author or his successor-s in title shall be called a general performance contract. In the case provided for in the foregoing paragraph, an exception may be ma,de to the provisions of Article 21. Article 40. The performance contract shall be concluded for a limited period or for a specified number of communications to the public. Except where exclusive rights are expressly pro­ vided for, the ·Contract l'lhall not confer any monopo1y of exploitation on the entertainment manager. The entertainment manager may transfer the benefits of his contract without the formal and written consent of the author or his representative. The validity of the exclusive rights granted by the dramatic author may not exceed five years; any inter­ ruption of performances in the course of two con­ secutive years automatically causes them to lapse. Article 41. The entertainment manager shall be obliged: (i) to notify the author m his representatives of the exact program of publlic performances; 205 (ii) to provide them with a documented sfiatement of receipts; (iii) 1:o pay them the alffiount of royalties provided for; (iv) ·l!o ensure public performance under technical conditions such as will guarantee the intel­ lectual and !ffioral rights nf >the author. CHAPTER VII Term of Protection Article 42. Copyright shall subsist during the life­ time of the author and for 80 calendar years from the end of the year of his death. In the case of a work of joint ·authorship, the only date taken into considerahon for the calculation of the te11m of protection shahl ·be that of the death of the la!st surviving coauthor. Article 43. Copyright shall subsist: (a) for 80 calendar years from the end of the year in which the work is lawfully made accessible to the public in the case of: (i) anonymous or pseudonymous works, ex­ cept where the identity of the author of the work becomes known before expiry of the term provided for in this Artiole, in which case ·the term provided for in ATticle 42 shall be applioable; (ii) cinematographic works; (iii) posthumous works; (iv) collective works. Where a collective work is published in in­ stallments, the term shall run from January 1 of the calendar year following the publication of each installment. Provided that publication is completed within the 20 years following publi­ cation of the first installment, the term of the ex­ clusive rights in the work as a whole shall not end unti1 the expiry of the 80th year following the year of publication of the las.t installment; (b) for 40 oalendar years from the end of the year of the author's death in the case of photographic works and works of applied art. Article 44. A general lien on the assets of the debtor shall attach to the economic rights of the au­ thor. This lien shall be unaffected by bankruptcy and settlements approved by the court. It shall operate illllllediately after that which guarantees the wages of employees.