Failing opposition notified by the author or publisher on expiry of the period provided for in I of Article L. 134-4, the collective management organisation shall offer authorisation for the reproduction and representation in digital form, on national territory, of an unavailable book to the publisher holding the right to reproduce this book in printed form.
This offer shall be made in writing. It is deemed to have been refused if the publisher has not notified the collective management organisation of its decision in writing within two months.
The authorisation to exploit referred to in the first paragraph is issued by the collective management organisation on an exclusive basis for a tacitly renewable period of ten years.
Mention of the publisher’s acceptance is made in the database mentioned in Article L. 134-2.
Failing opposition from the author, the publisher who has notified his acceptance decision is required to exploit the unavailable book concerned within three years of this notification. It must provide this organisation, by any means, with proof of the actual exploitation of the book.
Failing acceptance of the proposal mentioned in the first paragraph or exploitation of the work within the period provided for in the fifth paragraph of this article, the reproduction and representation of the book in digital form are authorised by the collective management organisation under the conditions provided for in the second paragraph of I of article L. 134-3.
The user to whom a collective management organisation has granted an authorisation for exploitation under the conditions provided for in the same second paragraph is considered to be a digital book publisher within the meaning of article 2 of law no. 2011-590 of 26 May 2011 relating to the price of digital books.
The exploitation of the work under the conditions provided for in this article is without prejudice to the application of the articles L. 132-12 and L. 132-17.