I.-A single act of communication to the public is the process by which, for the purpose of communication to the public, a broadcasting organisation, from the national territory or the territory of another Member State of the European Union, transmits its programme-carrying signals, in such a way that they are not accessible to the public during that transmission, to a signal distributor who transmits those programme-carrying signals to the public.
In respect of this single act of communication to the public, the signal distributor and the broadcasting organisation must both be authorised by the holders of related rights for the part of the act that each of these two entities performs, without there being joint and several liability between them.
II.
II – The right to authorise a signal distributor to communicate a performer’s performance, a phonogram or a videogram to the public under the conditions mentioned in I may only be exercised by a collective management organisation.
If this organisation is governed by the law of the French Republic, it must be authorised by a collective management organisation.
If this organisation is governed by Title II of Book III, it must be approved for this purpose by the minister responsible for culture.
If the rightholder has not already entrusted the management of the right to one of these organisations, he shall designate the organisation he wishes to manage the right. The right holder must notify the organisation of this designation in writing and the organisation may not refuse.
If no collective management organisation has been designated by the rightholder, the right is exercised by the approved collective management organisation competent for rights in the same category, or by the competent organisation whose approval has been in force the longest.
III.
III – The provisions of Article L. 217-2 apply to the issue and withdrawal of the authorisation provided for in II and to the procedures for designating the organisation responsible for managing the retransmission right in the case provided for in the third paragraph of II.
IV – By way of derogation from II, the provisions of Article L. 217-2 apply to the issue and withdrawal of the authorisation provided for in II and to the procedures for designating the organisation responsible for managing the retransmission right in the case provided for in the third paragraph of II.
IV – By way of derogation from II, the right holder may transfer the right to a broadcasting organisation.
The provisions of II do not apply to rights assigned to a broadcasting organisation.
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IV.