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Chapter VII: Provisions applicable to satellite broadcasting, communication on an ancillary online service and simultaneous, unabridged and unchanged retransmission

Article L217-1 of the French Intellectual Property Code

Rights related to copyright corresponding to satellite broadcasting of a performer’s performance, a phonogram, a videogram or the programmes of a broadcasting organisation are governed by the provisions of this code provided that such broadcasting is carried out under the conditions defined in articles L. 122-2-1 and L. 122-2-2. In the cases provided for in article L. 122-2-2, these rights may be exercised in respect of the persons referred to…

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Article L217-1-1 of the French Intellectual Property Code

The rights related to copyright corresponding to the communication to the public and reproduction of a phonogram or videogram incorporated into a television or radio programme on an ancillary online service broadcast cross-border by a broadcasting organisation are governed by the provisions of this code provided that this communication and reproduction are carried out under the conditions defined in article L. 122-2-3.

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Article L217-2 of the French Intellectual Property Code

I.-Where provided for by this code, the right to authorise the simultaneous, unabridged and unchanged cable retransmission on national territory of a performer’s performance, a phonogram or a videogram televised from a European Union Member State other than France may only be exercised 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…

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Article L217-3 of the French Intellectual Property Code

Mediators shall be established in order to promote, without prejudice to the right of the parties to refer the matter to the court, the resolution of disputes relating to the granting of authorisation, where required, for the simultaneous, unabridged and unchanged retransmission of an item protected by one of the rights defined in this Title. Failing an amicable agreement, the Mediator may propose to the parties the solution he considers…

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Article L217-4 of the French Intellectual Property Code

I.-The right to authorise the simultaneous, unabridged and unchanged retransmission, other than cable retransmission as defined in III of article L. 132-20-1 and meeting the conditions mentioned in II of article L. 132-20-3, on national territory, of a performer’s performance, a phonogram or a videogram broadcast by any process, other than online transmission, from a Member State of the European Union may only be exercised by a collective management organisation….

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Article L217-5 of the French Intellectual Property Code

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….

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