12 voluntary settlements. This right shall be extinguished where the spouse contracts a new marriage. Article 59 – After the death of the author, the royalty resale right mentioned in Article 40 shall subsist for the benefit of his heirs and for the beneficial right, referred to in Article 58, of his spouse, to the exclusion of any legatees and successors in title, during the current calendar year and the following seventy years. TITLE III EXPLOITATION OF RIGHTS CHAPTER ONE General Provisions Article 60 – The global assignment of future works shall be null and void. Article 61 – The performance, publishing and audiovisual production contracts referred to in this title must be in writing. The same applies to performance authorizations granted free of charge. In all other cases, the provisions of Articles 292 to 296 of Law No. 66-003 of 2 July 1966 on the General Theory of Obligations are applicable. Article 62 – The transfer of copyright is subject to the condition that each of the rights assigned shall be mentioned separately in the deed of assignment and that the scope, purpose, place and duration of the exploitation of the rights assigned shall be defined. Where special circumstances demand, the contract may be validly entered into by an exchange of telegrams provided the sphere of exploitation of the rights assigned are delimited in compliance with the terms of paragraph 1 of this article. The assignment of the rights of audiovisual adaptation must be the subject of a written contract on a separate document from the contract on the publication as such of the printed work. The assignee shall undertake by this contract to seek an exploitation of the rights assigned in compliance with best practice in the profession and, in the case of an adaptation, to pay the author remuneration in proportion to the proceeds received. Article 63 – The author may assign his rights in his work in whole or in part. This assignment must include a proportional share of the proceeds of the sale or exploitation for the benefit of the author. The remuneration of the author may, however, be assessed as a lump sum in the following cases: 1) Where it is impossible in practice to determine the basis for calculating a proportional share; 2) Where there are no means of monitoring the application of the share; 3) Where the calculation and monitoring costs would be disproportionate to the desired results; 4) Where the nature or conditions of the exploitation make it impossible to apply the rule of proportional remuneration, either because the author’s contribution does not constitute one of the essential elements of the intellectual creation of the work or because the use of the work is merely incidental to the subject of the exploitation; 5) In the event of the assignment of a software program;