I.-After the first fifty years of the period of seventy years provided for in 2° of I of article L. 211-4, the performer may notify his intention to terminate the authorisation given in application of article L. 212-3 to a phonogram producer where the latter does not offer for sale copies of the phonogram in sufficient quantity or does not make it available to the public in such a way that everyone can access it on his own initiative.
II.-If, during the twelve months following the notification provided for in I of this article, the phonogram producer does not offer copies of the phonogram for sale in sufficient quantity and does not make it available to the public in such a way that everyone may have access to it on his own initiative, the performer may exercise his right to terminate the authorization. The performer may not waive this right.
III.-The procedures for exercising the right of termination are defined by decree in the Conseil d’Etat.