Part Ⅱ Obligations
Chapter II Particular Kinds Of Obligations
Section 9 - Publication
A contract for publication is a contract whereby one of the parties agrees to deliver to the other for publication a literary, a scientific, an artistic, or others of the writings, and the latter agrees to print or in other ways to reproduce and publish the said writings.
Writing for a publication in a newspaper or a magazine has been published, it is presumed to be constituted the contract for publication.
The right of publication cedes to the editor when the person ceding the right of publication according to the contract for publication delivers the writing to the editor.
The provision of preceding paragraph, the editor's right of publication ceded, is extinguished at the end of the contract for publication.
The rights of the author who are entitled to the intellectual property are exercised by the editor, in so far as it is necessary for the legal authority of the execution.
The person ceding the right of publication shall warrant that, at the time when the contract is constituted, he has the right of ceding the publication; and, if the writing is protected by law, he shall also warrant that he has its copyright.
If the whole or a part of the writing has already been delivered to a third party for publication, or has been publicly published by such third party to the knowledge of the person ceding the right of publication, such person shall inform the editor about it before the conclusion of the contract.
So long as the copies which the editor may reproduce and publish are not exhausted, the person ceding the right of publication shall not dispose to the prejudice of the editor of the whole writing or of any part of it, unless otherwise provided by the contract.
If the number of editions has not been agreed, the editor may print only one edition.
If according to the contract, the editor may publish several editions or to publish the writing indefinitely and he neglects to reproduce a new edition after the last one is exhausted, the court may, on the application of the person ceding the right of publication, order that a new edition be published by the editor within a fixed deadline. Failure by the editor to comply with this order within such deadline his right of publication is deprived.
The editor shall not add or shorten or modify the writing.
The editor shall reproduce the writing in appropriate form. He shall also make the necessary advertisements and take the ordinary measures to promote the sales of the publication
The selling price of the publication is to be fixed by the editor, but it shall not be fixed too high so as to hinder the sale of the publication.
The author may correct or revise his writing in so far as it does not harm the interests of the editor, or does not increase his responsibility. However, he shall compensate to the editor for all unexpected expenses resulting therefrom.
The editor shall give the author the opportunity to correct or revise the writing, before a new edition is reproduced.
Where several writings of one and the same author are delivered to the editor to be published separately, the editor shall not publish them collectively.
The person ceding the right of edition whereby several writing of the same author or several authors are delivered to the editor to be published collectively, the editor shall not publish them separately.
Remuneration is deemed to have been agreed upon, if in accordance with the circumstances the delivery of the writing is not to take place without remuneration.
If the editor has the right to publish several editions, relating to remunerations and other conditions for publishing the subsequent editions are presumed to be the same as the last one.
Remuneration shall be paid when the reproduction of the whole writing is completed, if it is to be issued as a whole, or when the reproduction of each part is completed if it is to be issued separately.
When the whole or a part of the remuneration is to be fixed according to the results of the sale, the editor shall pay such remuneration counted by customs and produce proof of his account of sale.
When the writing, after having been delivered to the editor, is destroyed by force majeure, the editor is still liable to pay the remuneration.
If the person ceding the right of edition keeps a duplicate copy of the writing destroyed, he is bound to deliver it to the editor; but in case there is no duplicate copy, if the person ceding the right of edition is the author, he shall remake it, if the work does not take much labor.
In the case specified in the preceding paragraph, the person ceding the right of edition may demand for a reasonable compensation.
If before publishing, the publication of reproduction completed, the whole or a part of the edition is destroyed by force majeure, the editor may republish at his own expense the part that is destroyed without paying an additional remuneration to the person ceding the right of edition.
A contract of publication is extinguished if, before the completion of the writing, the author died or becomes incapable, or it is impossible to have it completed without his own negligence.
In the case specified in the preceding paragraph, if it is possible and fair to continue the whole or part of the contract of publication, the court may allow it to be continued and order the necessary disposition.