e24702_SN004 Translated from French 20 4. With regard to payment of the royalties owed in return for assignment, the author shall enjoy a general privilege which shall be exercised immediately after employees' salaries have been guaranteed. 5. Where the proceeds of exploitation that are owed to the author of a work of the mind are the subject of a seizure order, the president of the court may order payment to the author, as an allowance for maintenance, of a certain sum or of a specified proportion of the sums seized. Chapter II. – Rules specific to certain contracts Section I. – Publishing contracts Article 66. Definition. – 1. A publishing contract shall be a contract under which the author of a work of the mind or his successors in title assign to a publisher, under specified conditions, the right to manufacture or have manufactured a number of copies of the work, whereby the publisher is required to effect publication and dissemination thereof. 2. A contract known as a contract at the author’s expense shall not constitute a publishing contract; under such contract, the author or his successors in title shall pay to the publisher agreed remuneration against which the publisher manufactures a number of copies of the work in the form and according to the modes of expression specified in the contract and effects publication and dissemination thereof. Such contract shall constitute a contract for hire governed by convention, usage and the provisions of the Code of Civil and Commercial Obligations. 3. A contract known as a contract at joint expense shall not constitute a publishing contract; under such contract, the author or his successors in title shall commission a publisher to manufacture at his expense a number of copies of the work in the form and according to the modes of expression specified in the contract and to effect publication and dissemination thereof in accordance with the agreement reciprocally contracted to share profits and exploitation losses in the agreed proportion. Such contract shall constitute a joint undertaking. Article 67. Guarantee owed by the author. – 1. The author shall guarantee the publisher the undisturbed and, unless otherwise agreed, exclusive exercise of the right assigned. 2. He shall be required to ensure respect for that right and to defend it against any possible violation. Article 68. Delivery of work for publication. - The author shall put the publisher in a position to manufacture and disseminate copies of the work. He shall deliver to the publisher, within the period of time stipulated in the contract, the work for publication in a form permitting normal manufacture. The work for publication furnished by the author shall remain the property of the author unless otherwise agreed or technically impossible. The publisher shall remain responsible for the work for publication for a period of one year after completion of manufacture.

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