Chapter VIII: Organisations approved for the collective management of the right to authorise the exploitation of certain unavailable works

An organisation governed by Title II of Book III may be approved under II of Article L. 138-2 if it: 1° Provides proof that, by virtue of the mandates entrusted to it, it covers a significant number of rightholders for the type of works concerned, enabling it to grant authorisation for the modes of exploitation mentioned in I of Article L. 138-2; 2° Provides evidence, by any means, of the…

The application for approval, accompanied by a file drawn up in accordance with article R. 328-1, 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…

Accreditation is granted by order of the Minister for Culture, published in the Journal officiel de la République française.

Authorisation is granted for five years. Approval is renewable under the same conditions as the initial approval.

The Minister of Culture shall be informed within fifteen days of any change in the status or general regulations and of any termination of office of a member of the deliberative and governing bodies of an approved organisation. Failure to declare may result in the withdrawal of approval under the conditions set out in article R. 328-6.

If an approved organisation ceases to fulfil one of the conditions set out in article R. 328-1, 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 measures it intends to take to comply. Withdrawal of approval is pronounced by the Minister…

When the withdrawal of approval is pronounced after a contract has been extended under the conditions provided for in I of article L. 138-2, the stipulations of this contract immediately cease to have effect with regard to the holders of rights who are not members of the organisation concerned. The order mentioned in the last paragraph of Article R. 328-6 repeals the extension order issued by the Minister for Culture…

I.-When it is granted approval under the conditions set out in I of Article L. 138-2, the collective management organisation must immediately publish the following information on its website, in a dedicated and identifiable section: -the date of the approval order; -the exploitation rights covered by this authorisation; the procedures for exercising the right of objection provided for in article R. 138-1; – the contact details of the portal referred…