Section 3: Control by the Minister for Culture

Draft articles of association and general regulations for collective management bodies are sent, prior to their constitution, to the Minister responsible for culture in accordance with the procedures defined by decree in the Conseil d’Etat. Within two months of receipt, the Minister may refer the matter to the judicial court if there are real and serious grounds for opposing the constitution of one of these organisations. The court assesses the…

The collective management organisation communicates its annual accounts to the minister in charge of culture and informs him, at least two months before it is examined by the general meeting, of any draft amendment to its articles of association, its general regulations or its general policy for the distribution of sums due to rights holders.

The Minister responsible for culture may, at any time, refer the matter to the commission de contrôle des organismes de gestion des droits d’auteur et des droits voisins when its observations aimed at bringing the provisions of the articles of association, the general regulations or a decision by the corporate bodies into line with the regulations in force have not been acted upon within two months of their transmission, or…

The collective management organisation shall communicate to the Minister responsible for culture, at the latter’s request, any document relating to the collection and distribution of income from the exploitation of rights, with due respect for privacy, business secrecy and the protection of personal data. The Minister responsible for culture or his representative may collect, on documents and on site, the information mentioned in this article.

The Minister responsible for culture may refer the matter to the competent court in the event that there are real and serious grounds for dissolving a collective management organisation.