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Chapter Id : Multi-territorial exploitation licences for online rights in musical works

Article R321-8 of the French Intellectual Property Code

I. – In order to grant authorisations for the multi-territorial exploitation of online rights in musical works, collective management organisations must comply with the following conditions: 1° Have the material and technical means to identify precisely, in whole or in part: a) The musical works for which these exploitation authorisations are granted; b) The rights and right holders corresponding to each musical work or part of a musical work, for…

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Article R321-9 of the French Intellectual Property Code

I. – In response to a reasoned request, the organisations granting authorisations for the multi-territorial exploitation of online rights in musical works shall provide, by electronic means, to the online service providers to which they have granted an authorisation, to the holders of the rights they manage and to the other collective management organisations, updated information enabling the identification of the online music repertoire they represent. This information concerns: 1°…

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Article R321-10 of the French Intellectual Property Code

I. – Collective management organisations shall monitor the use of rights by online service providers to whom they have granted authorisations for the multi-territorial exploitation of online rights in musical works. The contracts concluded with such service providers shall provide for appropriate arrangements enabling the collecting organisations to monitor effectively the use of the rights. II. – Organisations granting authorisations for the multi-territorial exploitation of online rights in musical works…

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Article R321-11 of the French Intellectual Property Code

I. – Collective management organisations pay the sums due to right holders in respect of multi-territorial exploitation authorisations for online rights granted in respect of their musical works within a period not exceeding nine months from the end of the financial year in which they received the declaration of use of these works. This time limit and the accuracy of the amount of payments may only be waived due to…

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Article R321-12 of the French Intellectual Property Code

I. – The collective management organisation requested by another organisation to ensure the management of multi-territorial exploitation authorisations in accordance with article L. 325-3 shall give a written response within one month, giving reasons if it is negative. II. – The mandate given to one collective management organisation by another in accordance with article L. 325-3 results from the conclusion of a representation agreement between these two organisations. This agreement…

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Article R321-13 of the French Intellectual Property Code

I. – Subject to the provisions of this Article, the authorised body shall manage the musical works whose management has been entrusted to it in accordance with Article L. 325-3 under the same conditions as those it applies to the management of its own musical repertoire. II. – The amount of management fees deducted in respect of the service rendered to the mandating organisation does not exceed the costs reasonably…

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