Section 6: Right to use journalists' works

For the purposes of this section, “press title” means the press organ to whose preparation the professional journalist has contributed, as well as all the variations of the title, regardless of the medium, means of distribution or consultation. Audiovisual communication services within the meaning of article 2 of law no. 86-1067 of 30 September 1986 relating to freedom of communication are excluded. The dissemination of all or part of the…

By way of derogation from Article L. 131-1 and subject to the provisions of article L. 121-8, the agreement binding a professional journalist or journalist treated as such within the meaning of articles L. 7111-3 et seq of the French Labour Code, who contributes, on a permanent or occasional basis, to the production of a press title, and the employer entails, unless otherwise stipulated, the transfer on an exclusive basis…

The exploitation of the journalist’s work on different media, within the framework of the press title defined in article L. 132-35 of this code, has as its sole counterpart salary, for a period set by a company agreement or, failing that, by any other collective agreement, within the meaning of articles L. 2222-1 et seq of the Labour Code. This period is determined by taking into account the frequency of…

The use of the work in the press title, beyond the period provided for in Article L. 132-37, is remunerated, by way of additional remuneration in the form of royalties or salary, under conditions determined by the company agreement or, failing this, by any other collective agreement.

Where the publishing company or the company controlling it, within the meaning of article L. 233-16 of the French Commercial Code, publishes several press titles, a company agreement may provide for the work to be distributed by other titles of this company or of the group to which it belongs, provided that these titles and the initial press title belong to the same coherent press family. This agreement defines the…

Any transfer of the work with a view to its exploitation outside the initial press title or a coherent press family is subject to the express prior agreement of its author expressed on an individual basis or in a collective agreement, without prejudice, in the latter case, to the exercise of his moral rights by the journalist. These uses give rise to remuneration in the form of copyright, under conditions…

Where the author of a still image is a professional journalist who derives most of his or her income from the exploitation of such works and who occasionally contributes to the preparation of a press title, the transfer of exploitation rights as provided for in article L. 132-36 only applies if this work has been commissioned by the press company. The conditions under which the second paragraph of Article L….

The royalties mentioned in articles L. 132-38 et seq do not have the character of wages. They are determined in accordance with articles L. 131-4 et L. 132-6.

Notwithstanding article L. 2232-24 of the Labour Code, in companies not subject to the obligation to organise the elections provided for in Book III of Part Two of the same code, the agreements mentioned in articles L. 132-37 to L. 132-41, L. 132-43 and L. 132-44 of this code may be negotiated and concluded, under the conditions provided for in articles L. 2232-25 and L. 2232-26 of the Labour Code,…

Collective agreements may provide for the management of the rights mentioned in articles L. 132-38 et seq. to be entrusted to one or more collective management bodies governed by Title II of Book III.