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Chapter VI: Organisations approved for the collective management of the right to authorise the digital exploitation of unavailable books from the 20th century

Article R326-1 of the French Intellectual Property Code

A collective management organisation governed by Title II of Book III may be approved under Article L. 134-3, if it: 1° Demonstrates, through the composition of its deliberative and management bodies, the diversity of its members on the basis of the categories and number of right holders, its economic importance expressed in terms of revenue or turnover and the diversity of editorial genres ; 1° bis Provides proof of its…

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Article R326-2 of the French Intellectual Property Code

The application for approval, accompanied by a file drawn up in accordance with article R. 326-1, is sent by registered letter with acknowledgement of receipt to the Minister for Culture, who issues a receipt. If the dossier is not complete, the Minister responsible for culture will request, by registered letter with acknowledgement of receipt, a supplementary dossier, which must be submitted in the same form within one month of receipt…

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Article R326-5 of the French Intellectual Property Code

Any change of status or general regulations, and any termination of office of a member of the deliberative and governing bodies of an approved organisation must be communicated to the Minister responsible for culture within fifteen days of the corresponding event. Failure to notify may result in the withdrawal of approval.

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Article R326-6 of the French Intellectual Property Code

If an approved organisation ceases to meet one of the conditions set out in article R. 326-1, the Minister responsible for culture will give it written notice to comply with the conditions of approval. The beneficiary of the approval has a period of one month in which to present its observations and, where applicable, the compliance measures it intends to implement. Withdrawal of the approval is pronounced by order of…

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Article R326-7 of the French Intellectual Property Code

When it is granted approval under the conditions mentioned in Article L. 134-3, the collective management organisation shall publish the following information on its website without delay, in a dedicated and identifiable section: -the date of the approval order; -the procedures for exercising the right to object provided for in the fifth paragraph of article L. 134-5 and the request for withdrawal provided for in the first two paragraphs of…

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