8 such as photocopying, for example. The making of facsimile copies that are reduced or enlarged is also regarded as “reprographic reproduction”. Article 37 – Any performance or reproduction made in whole or in part without the consent of the author or his successors in title is illegal. The same applies to the translation, arrangement or reproduction by any method or procedure. Article 38 – The author shall have the exclusive right to distribute copies of his work to the public by sale or by any other property transfer or by rental or public lending. Where the original or the copies of the work have been placed in circulation for the first time by sale by the holder of this right or with his consent on the territory of Madagascar, the original or the copies sold shall no longer be covered by the right of distribution without prejudice to paragraph 3. The exclusive right to rent and to lend to the public shall subsist, however, even after the original or a copy of the work has been put into circulation through sale. Article 39 – The rights of exploitation in intangible form, such as the right of performance, and in tangible form, such as the right of reproduction, shall be assignable either free of charge or for a consideration. The assignment of the right of exploitation in intangible form shall not include the right of exploitation in tangible form. The assignment of the right of exploitation in tangible form shall not include the right of exploitation in intangible form. Where a contract implies the total assignment of either or both of the rights referred to in this article, its scope in this regard shall be limited to the modes of exploitation provided for in the contract. Article 40 – Notwithstanding any assignment of the material ownership of an original work, the authors of the work shall have an inalienable right to ask the sellers for a share in the proceeds of any resale of this work by public auction or through the intermediary of a dealer. After the death of the author, this resale royalty right shall subsist for the benefit of his heirs to the exclusion of any legatees or successors in title, during the current calendar year and for the seventy following years. The rate of the right received shall be uniformly set at five per cent. Article 41 – In the event of the manifest abuse or non-use of the right of disclosure on the part of the representatives of a deceased author referred to in Article 22, a civil court may order any appropriate measure. The same shall apply in the event of a conflict between the said representatives, where there is no known successor in title or in the event of vacant succession or escheat. Cases may be brought before the court in particular by the Minister for Culture and Communication. CHAPTER III Limitation of proprietary rights Article 42 – Notwithstanding the provisions of Title II, Chapter II, on proprietary rights, and subject to the provisions of paragraph 2 of this article and the provisions of Book III, Title I, it shall be permitted, without authorization from the author, to reproduce a work lawfully published exclusively for the private use of the user. Paragraph 1 shall not apply: 1) to the reproduction of works of architecture in the form of buildings or other similar reconstructions;