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Article R261-2 of the French Cinema and Moving Image Code

The technical elements necessary for fixing the work are: 1° For works fixed on a photochemical medium: a) Image negative film; b) Sound negative film and sound magnetic media; c) Where these are the only technical elements existing or available, positive copies or intermediate elements enabling positive copies to be obtained; 2° For works on analogue media other than photochemical media: the original analogue media usually referred to as “masters”;…

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Article D261-3 of the French Cinema and Moving Image Code

The notification to the Minister responsible for culture is accompanied by a file containing : 1° Identification of the transferring producer and the beneficiary of the planned operation ; 2° A detailed description of the planned operation, including the title of the cinematographic or audiovisual work(s) or the list of cinematographic or audiovisual works falling within the scope of the agreement provided for inarticle L. 132-27 of the Intellectual Property…

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Article R261-6 of the French Cinema and Moving Image Code

The Commission for the Protection of Access to Works comprises nine members: 1° One member of the Court of Cassation, nominated by the First President of the Court of Cassation, Chairman; 2° One member of the Council of State, nominated by the Vice-Chairman of the Council of State; 3° The Director General of Media and Cultural Industries or his representative; 4° The Director General of the Treasury or his representative;…

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Article R261-7 of the French Cinema and Moving Image Code

Members of the Commission for the Protection of Access to Works are bound by an obligation of confidentiality with regard to all facts, information and documents of which they are aware in their capacity as such, including those concerning the work or works which are the subject of the proposed operation. This obligation also applies to former members.

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Article R261-8 of the French Cinema and Moving Image Code

The members of the Commission de protection de l’accès aux œuvres are subject to an obligation of impartiality. On taking up their duties, the members of the Commission shall inform the Chairman of: 1° The positions they hold, and those they have held over the previous three years, in a company or corporation controlled, within the meaning of article L. 233-3 of the French Commercial Code, by a company in…

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Article R261-9 of the French Cinema and Moving Image Code

When a member of the Commission for the Protection of Access to Works has been contacted by a person directly or indirectly interested in a transaction submitted for its assessment, with the clear aim of influencing this assessment, he/she shall immediately inform the chairman and the secretariat of the Commission mentioned in Article R. 261-17.

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Article R261-10 of the French Cinema and Moving Image Code

No member of the Commission de protection de l’accès aux œuvres may take part in deliberations relating to a transaction concerning: 1° A company controlled, within the meaning ofarticle L. 233-3 of the French Commercial Code, by a company in which he or she holds or has held a position during the three years preceding the deliberation, or in which he or she holds or has held a position or…

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Article R261-11 of the French Cinema and Moving Image Code

A member of the Commission de protection de l’accès aux œuvres (Commission for the Protection of Access to Works) who has found himself to be in a conflict of interest in connection with a transaction submitted for his assessment shall refrain, throughout his term of office, from any exchange relating to the transaction concerned with the other members of the Commission.

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