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Chapter IV: Provisions common to performers and phonogram producers

Article R214-1 of the French Intellectual Property Code

The commission provided for in Article L. 214-4 sits either in plenary formation, or in formations specialising in one or more branches of activity. Each of these panels is chaired by the chairman of the commission and includes an equal number of representatives of the beneficiaries of the remuneration right and representatives of phonogram users. .

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Article R214-2 of the French Intellectual Property Code

An alternate is appointed under the conditions provided for in the second paragraph of Article L. 214-4 for each of the full representatives of organisations of beneficiaries of the right to remuneration and phonogram users. Alternate members of the Commission attend meetings and take part in deliberations only in the absence of the full representative they are deputising for. .

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Article R214-4 of the French Intellectual Property Code

The committee and its specialist bodies meet when convened by the chairman and on the agenda he has set. Meetings are convened as of right when requested, on a specific agenda, either by the minister responsible for culture or by one third of the members of the committee.

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Article R214-5 of the French Intellectual Property Code

The Commission and its specialised committees may only validly deliberate if three quarters of their members are present or duly represented. If this quorum is not reached, the commission is reconvened within eight days; it may then deliberate regardless of the number of members present.

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Article R214-7 of the French Intellectual Property Code

The secretariat of the commission is provided by the services of the minister responsible for culture. The meetings of the commission are not public. However, the committee may hear any person it deems useful. The committee shall draw up its own rules of procedure. The committee’s decisions shall be published in the Official Journal of the French Republic by the minister responsible for culture.

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Article R214-8 of the French Intellectual Property Code

The Music Ombudsman is appointed by decree on the report of the Minister for Culture for a renewable term of three years. He is chosen from among the members or former members of the Conseil d’Etat, the Cour de Cassation or the Cour des Comptes or from among qualified individuals, due to their expertise in the music sector or cultural industries. The position of mediator is incompatible with the fact…

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Article R214-10 of the French Intellectual Property Code

I.- Referral to the mediator shall be made by letter delivered against a signature or by any other means capable of establishing proof of the date of referral and shall include: 1° If the applicant is a natural person, his surname, first name and address; if he is a legal entity, its legal form, name, registered office and the identity of its legal representative. If the applicant is a legal…

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