Section 2: Agency agreement

A performance contract is a contract by which the author of an intellectual work and his successors in title authorise a natural or legal person to perform the said work under conditions that they determine. A general performance contract is a contract by which a professional authors’ organisation grants an entertainment company or any other user the right to perform, for the duration of the contract, current or future works…

The performance contract is concluded for a limited period or for a specified number of communications to the public. Unless exclusive rights are expressly stipulated, it does not confer on the performance entrepreneur any monopoly of exploitation. The validity of the exclusive rights granted by a playwright may not exceed five years; the interruption of performances during two consecutive years automatically terminates them. The performance entrepreneur may not transfer the…

Unless otherwise stipulated: 1° The authorisation to telecast a work does not include the retransmission of that telecast, however the provider of the retransmission service obtains that work and whatever technology it uses, unless it is done simultaneously and in full by the organisation benefiting from that authorisation and without extending the geographical area contractually provided for ; 2° Authorisation to broadcast the work does not constitute authorisation to communicate…

I.-The right to authorise the simultaneous, unabridged and unchanged cable retransmission, on national territory, of a work broadcast from national territory or the territory of another Member State of the European Union 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 for culture. If the rightholder has not…

Mediators are set up in order to promote, without prejudice to the right of the parties to take legal action, the resolution of disputes relating to the granting of the authorisation for simultaneous, unabridged and unchanged retransmission referred to in articles L. 132-20-1 and L. 132-20-3. Failing an amicable agreement, the Mediator may propose to the parties the solution he considers appropriate, which the parties shall be deemed to have…

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 this article, on national territory, of a work broadcast by any process, other than online transmission, from national territory or the territory of another Member State of the European Union may only be exercised by a collective management organisation. If…

The right to authorise a signal distributor to represent a work under the conditions mentioned in article L. 122-2-4 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 for culture. If the right holder has not already entrusted the management of the right to one of these organisations,…

The entertainment entrepreneur is required to declare to the author or his representatives the exact programme of public performances and to provide them with a justified statement of his receipts. He must pay the stipulated royalties to the author or his representatives on the due dates. However, communes, for the organisation of their local and public festivals, and popular education societies, approved by the administrative authority, for sessions organised by…

The entertainment entrepreneur must ensure the public performance or execution under technical conditions that guarantee respect for the author’s intellectual and moral rights.