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Chapter VIII: Special provisions relating to the exploitation of certain unavailable works

Article L138-1 of the French Intellectual Property Code

I.-An unavailable work within the meaning of this chapter is a protected work for which it can be presumed in good faith, following reasonable investigative efforts, that it is not available to the public through the usual commercial distribution channels and which was first published or communicated to the public thirty years ago or more. The reasonable investigative efforts referred to in the previous paragraph shall be carried out by…

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Article L138-2 of the French Intellectual Property Code

I.-When a collective management organisation governed by Title II of Book III of this Part and approved for this purpose by the Minister for Culture concludes, in accordance with the mandates given by the rights holders, a contract on a non-exclusive basis and for non-commercial purposes, with a view to the reproduction or performance of an unavailable work, with a library accessible to the public, a museum, an archive service…

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Article L138-3 of the French Intellectual Property Code

The authorised collective management organisation shall transmit without delay, and at least six months before the work is made available to the public, to the Office of the European Union for Intellectual Property the information for the purpose of identifying the work concerned, the information concerning the opposition procedures as well as the information concerning the parties to the licensing contracts, the territories covered and the uses envisaged. This information…

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Article L138-4 of the French Intellectual Property Code

An author or his successors in title may object to an approved collective management organisation issuing exploitation authorisations on their behalf. This objection may relate to a work or a group of works. The opposition may be notified to the approved collective management organisation at any time. If the use of the work has already been authorised, the organisation will terminate it as soon as possible and at the latest…

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Article L138-5 of the French Intellectual Property Code

The procedures for applying articles L. 138-1 to L. 138-4, in particular the procedures for issuing and withdrawing the approval referred to in article L. 138-2 and the procedures for exercising the right to object referred to in article L. 138-4, are specified by decree in the Conseil d’Etat .

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