Article 1287. The Special Terms of a Publisher's Licence Contract

1. Under a contract of granting a right to use a work concluded by the author or other right holder with a publisher, i.e. the person which under the contract undertakes to publish the work (publisher's licence contract) the licensee shall commence the use of the work within the term set in the contract. If this duty is not observed the licensor is entitled to waive the contract without compensation to the licensee for the damages due to such waiver.
If the contract does not contain a specific term for commencing the use of the work it shall be commenced within the term which is usual for this type of work and the method of use. Such contract may be rescinded by the licensor on the grounds and in the procedure set out in Article 450 of the present Code.

2. Where a publisher's licence contract is rescinded on the basis of the provisions set out in Item 1 of the present article, the licensor is entitled to claim that the fee envisaged by the contract be paid out thereto in full.

Article 1288. The Contract of Author's Order 1. Under a contract of author's order one party (author) undertakes to create on the order of the other party (customer) the scientific, literary or artistic work stipulated by the contract on a material medium or in another form. The material medium of the work shall be transferred to the customer for ownership, unless its being transferred to the customer for temporary use is required by agreement of the parties. The contract of author's order is onerous, unless otherwise envisaged by agreement of the parties.

2. The contract of author's order may include a clause whereby the exclusive right to the work that has to be created by the author is going to be alienated to the customer or that the customer is going to obtain a right to use the work within the limits set by the contract.

3. Where a contract of author's order requires the alienation of the exclusive right to the work that has to be created by the author to the customer, such contract is subject accordingly to the rules of the present Code on exclusive right alienation, except as otherwise ensues the essence of the contract.

4. If a contract of author's order is concluded on the condition that the customer acquires the right of using the work within the limits set by the contract such contract shall be subject accordingly to the provisions of Articles 1286 and 1287 of the present Code.

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