Subsection 4: Procedure before the Commission for the Protection of Access to Works

The Minister responsible for Culture will refer the matter to the Commission for the Protection of Access to Works by sending a detailed confidential report setting out the reasons why the documents and information presented at the time of notification do not enable it to ensure that the beneficiary of the operation is in a position to seek the continued exploitation of the works transferred under conditions equivalent to those…

The transferring producer and the beneficiary of the transaction are heard at least once by the Commission for the Protection of Access to Works. They may also send their written observations to the Commission, within a time limit set by the Chairman of the Commission, by any means enabling the date of receipt and the identity of the addressee to be certified, including by electronic means.

The decision of the Commission for the Protection of Access to Works sets out the legal and factual considerations on which it is based. The transferring producer is notified of the decision without delay. The beneficiary of the operation and the minister responsible for culture are informed of the decision.