Keywords CULTURE, COMMUNICATION, intellectual property, CODE of intellectual property, ICC, library, Museum, archive, accessibility, heritage film, depositary, educational institution, PUBLIC broadcasting organization, performer, PHONOGRAM producer, Société DE PERCEPTION and for distribution rights, approval, issuance, withdrawal, work orphan, holder, operating authority, termination, right of termination JORF n ° 0106 may 7, 2015 page 7848 text no. 28 Decree No. 2015-506 6 may 2015 taken for the application of articles L. 135-7 , L. 212-3-1 and L. 212-3-3 of the code of intellectual property NOR: MCCB1505459D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/5/6/MCCB1505459D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2015/5/6/2015-506/jo/texte concerned public: public libraries, museums, archival institutions custodians of the heritage film or sound, educational institutions, public broadcasting, performers, producers of Phonograms and collection and distribution of performers rights societies.
Subject: modalities of research of potential licensees rights on a work orphan, detailed rules for the exercise of the right of termination by a performer from the permit given to a producer of phonograms, modalities of issuance and withdrawal of the authorisation issued to the collection and distribution of performers rights societies.
Entry into force: the text comes into force the day following its publication.
Notice: this Decree specifies, on the one hand, the detailed rules for the application of the new provisions on some uses of orphan works, including sources of relevant information which should be consulted for each category of works in respect of due diligence, proven and serious research and the terms under which a holder of rights in a declared an orphan work can occur so that its use ceases and that fair compensation be paid to him.
On the other hand, it defines the terms under which a performer may terminate the permit given to a producer of phonograms during the additional period of protection and the conditions for approval of the Société de perception et distribution rights to collect annual remuneration payable to performers during that same period.
References: this Decree, taken for the application of Act No. 2015-195 of 20 February 2015 containing various provisions of adaptation to the right of the European Union in the fields of literary and artistic property and cultural heritage, completing the transposition of the directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending directive 2006/116/EC of 12 December 2006 on the term of protection of copyright and certain rights neighbours and the EU-28-2012 directive of the European Parliament and of the Council of October 25, 2012 on certain permitted uses of orphan works. The provisions of the code of intellectual property (regulative part) amended by this Decree may be consulted in their issue drafting of these changes, the site of Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister, on the report of the Minister of culture and communication, having regard to the EU-28-2012 directive of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works;
Having regard to the code of intellectual property, particular articles L. 135 - 7, L. 212-3-1 and L. 212-3-3;
Having regard to the opinion of the national evaluation standards Committee dated October 2, 2014;
The Council of State (Interior Division) heard, enacts as follows: Article 1 more on this article...
Title III of book I of the code of intellectual property (regulative part) is supplemented by a chapter V worded as follows: ' chapter V ' special provisions relating to certain uses of orphan works «Art»» R. 135 - 1.-I.-When research under 1 ° of article L. 135 - 3 must, under this section, take place in France, the sources of information that should be consulted include at least the following sources: "1 ° for published books: ' a) registers of legal deposit;
"(b) indexes and catalogues of funds and collections accessible to the public libraries and similar institutions;
"(c) the databases or registers printed books, such as WATCH (Writers, Artists and Their Copyright Holders), ISBN (International Standard Book Number), ISNI (International Standard Name Identifier) and the directory 'BALZAC' of the society of men of letters;
"d) sources held by associations of publishers and authors;
"(e) the collection and distribution of rights societies database approved for the management of the right of reproduction by reprographic process and for the collective management of the remuneration in respect of the loan in the library as well as referred to in article L. 134 - 3 of the intellectual property code;
' f) sources that integrate databases and multiple registers, such as ELECTRA, VIAF (Virtual International Authority Files) and ARROW (Accessible Registries of Rights Information and Orphan Works);
«2 ° for newspapers, magazines, journals and other printed periodicals: «a) registers of legal deposit;
"(b) indexes and catalogues of funds and collections of libraries accessible to the public;
"(c) databases or registers that identify printed periodicals, such as ISSN (International Standard Serial Number) and ISNI (International Standard Name Identifier);
"d) the register of trade and companies;
«e) sources held by the professional bodies of press publishers and associations of authors and journalists;
«f) data bases of perception and distribution rights companies approved for the management of the right of reprographic reproduction;
«g) the information contained in the sidebar of the printed containing the legal particulars and, where appropriate, the name of the editors;
«3 ° for Visual works, particularly those in fine arts, photography, illustration, design and architecture, and sketches of these works and other works of the same type contained in books, periodicals or other works: ' a) the sources listed at the 1 ° and 2 °, including databases of collection and distribution rights societies approved for the management of the right of reprographic reproduction;
"(b) databases of agencies press and photographic agencies and illustration;
«4 ° for writings not published as part of accessible library collections to the public, museums and archives services: ' a) registers of legal deposit;
"(b) the indexes and catalogs of the funds of the collections accessible to the public libraries and similar institutions;
«5 ° for audiovisual works and Phonograms: ' a) registers of legal deposit and the public registry of the cinema and audiovisual;
"(b) database of the custodians of the heritage film or sound institutions and public libraries;
"(c) databases of standards and relevant identifiers, such as ISAN (International Standard Audiovisual Number) for audiovisual material, the ISWC (International Standard Musical Work Code) for musical works and the ISRC (International Standard Recording Code) for phonograms;
"(d) the sources held by associations of producers or by other associations or relevant professional organisations representing a specific category of rights holders;
"(e) the databases collection and distribution rights societies concerned, in particular those of authors, performers, producers of Phonograms and audiovisual producers;
«f) the generic of the artwork and other information appearing on the packaging thereof.
«II. - When research under 1 ° of article L. 135 - 1 should, under this section, take place in another Member State of the European Union, the sources of information which are to be consulted include at least the sources defined in this State in accordance with paragraphs 2 and 3 of article 3 of directive 2012/28 / EU of the European Parliament and of the Council of 25 October 2012.»
"The Agency shall in addition to searches of the rightsholders from similar sources existing in other States when it follows from those carried out pursuant to the first and second subparagraphs that relevant information is likely to be available.
«Art.» R. 135 - 2.-L' organization referred to in article L. 135 - 3 maintains a register specifying the date and the result of the consultation of all the sources mentioned in article R. 135 - 1. It retains evidence of these consultations.
"For the application of 2 ° of article L. 135 - 3, the Agency shall inform the Minister responsible for culture the coordinates of the person or service to which the holders of the rights in the work must put an end to the uses provided for in article L. 135-2. ''
«Art.» R. 135-3.-the information provided for in article L 135 - 4 shall be communicated to the Minister responsible for culture, for transmission without delay to the Office for harmonization in the internal market mentioned in 2 ° of article L. 135 - 3.
«Art.» R. 135-4.-the justification of the rights laid down in article L. 135 - 6 shall be submitted by registered letter with request for acknowledgement of receipt or by electronic means with a request for acknowledgement of receipt.
"Has the support of its application, the author produced a copy of an identification document and a declaration on their honour certifying its quality. Its possible successors also directed an act of notoriety certifying their quality. Other rights holders produce, in addition to a copy of an identification document, any document that would justify their rights. ' Article 2 more on this article...
According to article R 212 - 7 of the same code (regulative part), it is inserted an article R. 212 - 8 worded as follows: «art.» R. 212 - 8.-I.-L' performer who wishes to exercise the right of termination of the authorisation given to a producer of phonograms provided for in article L. 212-3-1 the producer shall notify its intention to terminate by registered letter with request for acknowledgement of receipt.
"The notification shall specify: '-the name, first name and address of the performer;
"-title, Code international standard recording code (ISRC) or any other means to identify the phonogram which is not operated under the conditions laid down in article L. 212-3-1 I..
"The period of notice mentioned in II of article L. 212-3-1 court at the date shown on the postmark.
' II.-L' performer shall exercise the right of termination of the authorization given to a producer of phonograms provided in II of article L. 212-3-1, by notifying the producer decision of termination by registered letter with request for acknowledgement of receipt. ''
"The notification shall specify: '-the name, first name and address of the performer;
"-the date of dispatch of the notification provided for in the I.. The termination shall take effect the day after the date shown on the postmark.
"III. - when a phonogram contains the fixation of performances of several performers, they shall notify in common their intention to terminate and their decision to terminate under the conditions laid down in the I and II. ''
Article 3 read more on this article...
Title II of Book III of the same code (regulatory part) is supplemented by a chapter VIII as follows: ' chapter VIII ' companies licensed for the collective management of the additional annual remuneration payable to performers «Art»» R. 328-1.-a company governed by title II of Book III may be approved in respect of article L. 212-3-3 if it: «1 ° brings proof, by the composition of its legislative and executive bodies, of the diversity of its shareholders at the rate of the categories and the number of beneficiaries, of the economic importance expressed in income or turnover;
«2 ° provides proof of the representation of performers within its governing bodies;
«3 ° justified by any means, of the professional qualification of its managers and social agents in reason: ' a) their quality of performers;
"(b) or of the nature and the level of their graduates;
"(c) or from their experience in the management of professional organizations;
«4 ° gives the necessary information: ' a) A administrative and installation and equipment conditions;
"(b) to the means used for the collection of remuneration and the treatment of the data necessary for the distribution of such remuneration;
"(c) in terms of financing and the estimated budget for the three years following the application for approval;
"5 ° gives the necessary information relating to the means implemented to identify and find performers for the purpose to apportion the amounts collected.
«Art.» R. 328-2.-request approval, together with an established record in accordance with article R. 328 - 1, is transmitted by registered letter with request for acknowledgement of receipt to the Minister responsible for culture, which in issued receipt. When the dossier is not complete, the Minister responsible for culture asked a supplementary file, which must be submitted in the same form within a period of one month from the receipt of this letter by registered letter with request for acknowledgement of receipt.
«Art.» R. 328 - 3 ' approval is issued by order of the Minister responsible for culture, published in the Official Journal of the French Republic.
«Art.» R. 328 - 4 ' accreditation is granted for five years. It is renewable on the same terms as the initial approval.
«Art.» R. 328-5.-any change in status or general regulation and any cessation of functions of a member of the legislative and executives a firm bodies shall be communicated to the Minister of culture within a period of fifteen days from the corresponding event. Failure to report may result in the withdrawal of approval.
«Art.» R. 328-6.-If a firm ceases to fulfil one of the conditions laid down in article R. 328 - 1, the Minister responsible for culture puts it, in writing, notice to comply with the conditions of approval. The beneficiary of approval has a month to submit its comments and, where appropriate, compliance measures it intends to implement.
"The revocation is pronounced by order of the Minister responsible for culture, published in the Official Journal of the French Republic."
Article 4 more on this article...
I. - 1 ° of article R. 811 - 1 of the code of intellectual property, the words: "and R. 133 - 2 (4 °) ' shall be replaced by the words:", R. 133 - 2 (4 °) and R. 135 - 1 to R. 135 - 4.
II. Articles 2 and 3 of this Decree shall apply in the Islands Wallis and Futuna.
Article 5 read more on this article...
The Minister of culture and communication is responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Is May 6, 2015.
Manuel Valls by the Prime Minister: the Minister of culture and communication, Fleur Pellerin