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Article L324-8-3 of the French Intellectual Property Code

The approval referred to in Article L. 324-8-1 is granted in consideration of: 1° the size of the organisation’s repertoire and the diversity of its members; 2° The professional qualifications of the directors; 3° The human and material resources that the organisation proposes to implement to ensure the management of the rights concerned; 4° The equitable nature of the distribution principles provided for with a view to distributing the sums…

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Article L324-8-4 of the French Intellectual Property Code

When it is granted authorisation under the conditions mentioned in article L. 324-8-3, the approved collective management organisation immediately implements appropriate publicity measures to inform the rightholders concerned of the fact that it is entitled to negotiate a contract authorising the exploitation of their works or protected subject matter in a case provided for in this code and to request the extension of such a contract, as well as the…

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Article L324-8-6 of the French Intellectual Property Code

The procedures for applying articles L. 324-8-1 to L. 324-8-5, in particular the procedures for exercising the right to object provided for in article L. 324-8-2, the procedures for issuing and withdrawing the authorisation provided for in article L. 324-8-3 and the publicity measures provided for in article L. 324-8-4, are specified by decree in the Conseil d’Etat.

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Article L324-9 of the French Intellectual Property Code

Collective management organisations draw up annual accounts comprising a balance sheet, an income statement and notes, in accordance with a regulation of the accounting standards authority and in such a way as to separate: 1° Income from the exploitation of rights and any revenue or assets resulting from the investment of such income; 2° Any of their own assets and income from these or other activities, as well as the…

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Article L324-10 of the French Intellectual Property Code

Collective management organisations are not authorised to use the income mentioned in 1° of article L. 324-9 for any purpose other than its distribution to right holders. However, they may deduct certain sums from the income to be distributed, corresponding in particular to their management costs, under the conditions laid down as part of the general policy defined by the general meeting of members. These deductions must be justified in…

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Article L324-11 of the French Intellectual Property Code

Collective management organisations invest income from the exploitation of rights and income resulting from the investment of such income in accordance with the general investment and risk management policy defined by the general meeting, and with the following rules: 1° If there is any risk of a conflict of interest, collective management organisations shall ensure that the investment is in the sole interest of right-holders; 2° The assets are invested…

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Article L324-12 of the French Intellectual Property Code

I.-Collective management organisations pay the sums due to right holders no later than nine months from the end of the financial year in which the income from the exploitation of rights was received. This time limit may only be waived for a legitimate reason, in particular the lack of information enabling the identification or location of the beneficiary right holders. II.-Where these sums are paid to a collective management organisation…

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Article L324-14 of the French Intellectual Property Code

Collective management organisations take the necessary measures to identify and locate rightholders. In particular, no later than three months after the expiry of the deadline set in I of Article L. 324-12, they shall make easily accessible online to the rightholders they represent, to the entities representing them when they are members of the collective management organisation, and to the collective management organisations with which they have concluded representation agreements,…

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