SECTION 42

The publishing contract shall be the agreement by which the copyright holder authorizes a person called publisher, under defined conditions, to print a fixed number of copies of the work, and to ensure their publication. 43.—(1) The copyright holder shall be bound to: (a) guarantee the publisher a peaceful and, unless otherwise agreed upon, exclusive exercise of the transferred or granted right; (b) ensure the respect of the right and protect it against infringement; (c) permit the publisher to fulfil his obligations, and in particular, hand him the object to be published within the deadline stated in the contract and in a form that will enable a normal printing. (2) The publisher shall be bound to: (a) publish or ensure publication under the conditions and following the modes of expression provided for in the contract; YH Collection of Laws for Electronic Access CAMEROON CM001EN Copyright, Law, 19/12/2000, No. 2000/011 page 14/25 (b) refrain from making any alterations without the written authorization of the copyright holder; (c) ensure that each copy bears the name, pseudonym or mark of the copyright holder unless otherwise agreed upon; (d) publish within a deadline consistent with the practice of the trade, unless there is a special agreement; (e) ensure permanent and steady exploitation, as well as commercial distribution in accordance with the practice of the trade; (f) return the object to be published to the copyright holder after printing. 44.—(1) The publisher shall be equally bound to provide the copyright holder with all evidence as to the exactness of his accounts. (2) Where the contract makes no provision for special terms and conditions, the copyright holder may, at least once a year, require the publisher to produce a statement indicating the number of copies manufactured in the course of the financial year and specifying the date and circulation, as well as the number of copies in stock. (3) Unless otherwise agreed upon or contrary to practice, the statement referred to in subsection (2) above shall indicate the number of copies sold by the publisher, the number of copies which have become unusable or damaged through chance or unforeseeable circumstances as well as the amount of royalties owed or paid to the copyright holder. 45.—(1) When the business, in case of receivership or liquidation of assets, is managed by a receiver or liquidator, the latter shall be bound by all the obligations of the publisher. Otherwise, where no transfer of the business was made within a period of one year as from the date of publication of the bankruptcy judgment, the publishing contract may be terminated at the request of the copyright holder. (2) Where the business is sold, the buyer shall be bound by the obligations of the transferor. (3) The receiver or liquidator may not clear or realize the manufactured copies before the lapse of fifteen days at least as from the date he notified the copyright holder of his intention through registered mail with acknowledgement of receipt. The author shall possess a right of pre-emption on all or part of the copies. Failing any agreement, the redemption price shall be fixed by an expert. 46.—(1) The publisher may not, for free or against payment, or as contribution to capital, and independently of his business, transfer the benefit of the publishing contract to a third party without obtaining prior authorization from the copyright holder. (2) In case of transfer of business that may seriously jeopardize the material and moral interests of the copyright owner, he shall have the right to obtain compensation, even by way of termination of the contract. YH Collection of Laws for Electronic Access CAMEROON CM001EN Copyright, Law, 19/12/2000, No. 2000/011 page 15/25 (3) Where the publishing business was operated in partnership or as a joint enterprise, the attribution of the said business to one of the former partners or joint owners as a result of liquidation or sharing out may, under no circumstance, be considered as transfer. 47.—(1) The publishing contract shall, irrespective of the cases provided for by ordinary law or by the preceding sections, come to an end when the publisher completely destroys all copies of the work. (2) The contract shall be rightfully terminated when the publisher fails to republish the work after the copyright holder has served him formal notice giving him a deadline for stocks to run out. The edition shall be considered to be out of print if two requests for supply of copies sent to the publisher are not met within six months. (3) If the copyright holder dies or, as the case may be, is dissolved without completing the work, the contract shall be terminated for the unfinished part of the work, unless the publisher and the rightful claimants of the holder reach an agreement.