Title III: Exploitation of rights

Where the publishing company or the company controlling it, within the meaning of article L. 233-16 of the French Commercial Code, publishes several press titles, a company agreement may provide for the work to be distributed by other titles of this company or of the group to which it belongs, provided that these titles and the initial press title belong to the same coherent press family. This agreement defines the…

Any transfer of the work with a view to its exploitation outside the initial press title or a coherent press family is subject to the express prior agreement of its author expressed on an individual basis or in a collective agreement, without prejudice, in the latter case, to the exercise of his moral rights by the journalist. These uses give rise to remuneration in the form of copyright, under conditions…

Where the author of a still image is a professional journalist who derives most of his or her income from the exploitation of such works and who occasionally contributes to the preparation of a press title, the transfer of exploitation rights as provided for in article L. 132-36 only applies if this work has been commissioned by the press company. The conditions under which the second paragraph of Article L….

The royalties mentioned in articles L. 132-38 et seq do not have the character of wages. They are determined in accordance with articles L. 131-4 et L. 132-6.

Notwithstanding article L. 2232-24 of the Labour Code, in companies not subject to the obligation to organise the elections provided for in Book III of Part Two of the same code, the agreements mentioned in articles L. 132-37 to L. 132-41, L. 132-43 and L. 132-44 of this code may be negotiated and concluded, under the conditions provided for in articles L. 2232-25 and L. 2232-26 of the Labour Code,…

Collective agreements may provide for the management of the rights mentioned in articles L. 132-38 et seq. to be entrusted to one or more collective management bodies governed by Title II of Book III.

A commission is set up, chaired by a representative of the State, and composed, in addition, of half representatives of representative professional press organisations and half representatives of representative professional journalists’ trade unions. The State representative is appointed from among the members of the Court of Cassation, the Council of State or the Court of Auditors, by order of the Minister responsible for communication. Notwithstanding the last paragraph of article…

Article L. 132-41 applies as from the entry into force of an industry agreement determining the minimum wage for professional journalists who derive most of their income from the use of still images and who occasionally contribute to the production of a press title. This agreement will take into account the exclusive or non-exclusive nature of the assignment. Failing an agreement within two years of the publication of the law…