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Article R321-10 of the French Intellectual Property Code

I. – Collective management organisations shall monitor the use of rights by online service providers to whom they have granted authorisations for the multi-territorial exploitation of online rights in musical works. The contracts concluded with such service providers shall provide for appropriate arrangements enabling the collecting organisations to monitor effectively the use of the rights. II. – Organisations granting authorisations for the multi-territorial exploitation of online rights in musical works…

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Article R321-11 of the French Intellectual Property Code

I. – Collective management organisations pay the sums due to right holders in respect of multi-territorial exploitation authorisations for online rights granted in respect of their musical works within a period not exceeding nine months from the end of the financial year in which they received the declaration of use of these works. This time limit and the accuracy of the amount of payments may only be waived due to…

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Article R321-12 of the French Intellectual Property Code

I. – The collective management organisation requested by another organisation to ensure the management of multi-territorial exploitation authorisations in accordance with article L. 325-3 shall give a written response within one month, giving reasons if it is negative. II. – The mandate given to one collective management organisation by another in accordance with article L. 325-3 results from the conclusion of a representation agreement between these two organisations. This agreement…

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Article R321-13 of the French Intellectual Property Code

I. – Subject to the provisions of this Article, the authorised body shall manage the musical works whose management has been entrusted to it in accordance with Article L. 325-3 under the same conditions as those it applies to the management of its own musical repertoire. II. – The amount of management fees deducted in respect of the service rendered to the mandating organisation does not exceed the costs reasonably…

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Article R321-14 of the French Intellectual Property Code

I. – The reports provided for in Article L. 326-1 are published on the website of the collective management organisations concerned and are maintained on this site, available to the public, for at least five years. II. – The annual transparency report includes the following information: 1° Financial statements comprising a balance sheet, an income statement, and an appendix, in accordance with standards set by the Accounting Standards Authority; 2°…

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Article R321-15 of the French Intellectual Property Code

The information mentioned in the second paragraph of article L. 326-2 are as follows: 1° The articles of association and the general regulations; 2° The conditions of membership and the conditions of termination of the authorisation to manage rights, if these are not included either in the articles of association or in the general regulations; 3° The standard exploitation authorisation contracts and the applicable standard tariffs, including, where applicable, the…

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Article R321-16 of the French Intellectual Property Code

I. – The information relating to the management of rights that a collective or independent management organisation is required to make available to each rightholder pursuant to I of Article L. 326-3, include the following: 1° The contact details that the rights holder has authorised him to use in order to identify and locate him; 2° The amount of income respectively distributed and paid to the rights holder, specifying their…

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Article R321-17 of the French Intellectual Property Code

In the intervals between two general meetings, and at least two months before the forthcoming one, any member of the collective management organisation has the right to examine any document drawn up by this organisation or received by it concerning the current financial year, subject to respect for the secrets protected by law. The member sends the organisation a written request specifying the documents to which he wishes to have…

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Article R321-18 of the French Intellectual Property Code

Any member of a collective management organisation may, in addition, within the period set out in article L. 326-5, ask the organisation to send it: 1° The annual accounts that will be submitted to the general meeting; 2° The reports of the management, administrative and executive bodies and of the statutory auditors that will be submitted to the meeting; 3° Where applicable, the text and explanatory statement of the proposed…

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