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Article L132-42-1 of the French Intellectual Property Code

Notwithstanding article L. 2232-24 of the Labour Code, in companies not subject to the obligation to organise the elections provided for in Book III of Part Two of the same code, the agreements mentioned in articles L. 132-37 to L. 132-41, L. 132-43 and L. 132-44 of this code may be negotiated and concluded, under the conditions provided for in articles L. 2232-25 and L. 2232-26 of the Labour Code,…

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Article L132-44 of the French Intellectual Property Code

A commission is set up, chaired by a representative of the State, and composed, in addition, of half representatives of representative professional press organisations and half representatives of representative professional journalists’ trade unions. The State representative is appointed from among the members of the Court of Cassation, the Council of State or the Court of Auditors, by order of the Minister responsible for communication. Notwithstanding the last paragraph of article…

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Article L132-45 of the French Intellectual Property Code

Article L. 132-41 applies as from the entry into force of an industry agreement determining the minimum wage for professional journalists who derive most of their income from the use of still images and who occasionally contribute to the production of a press title. This agreement will take into account the exclusive or non-exclusive nature of the assignment. Failing an agreement within two years of the publication of the law…

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Article L133-1 of the French Intellectual Property Code

When a work has been the subject of a publishing contract with a view to its publication and distribution in book form, the author may not object to the loan of copies of this edition by a library open to the public. This loan entitles the author to remuneration in accordance with the terms of article L. 133-4.

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Article L133-2 of the French Intellectual Property Code

The remuneration provided for in Article L. 133-1 shall be collected by one or more collective management bodies governed by Title II of Book III and approved for this purpose by the Minister responsible for culture. The approval provided for in the first paragraph is issued in consideration of: the diversity of the members; the professional qualifications of the directors; the means that the organisation proposes to implement to ensure…

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Article L133-3 of the French Intellectual Property Code

The remuneration provided for in the second paragraph of article L. 133-1 includes two parts. The first part, payable by the State, is based on a flat-rate contribution per user registered in libraries open to the public for lending, with the exception of school libraries. A decree sets the amount of this contribution, which may be different for the libraries of higher education establishments, as well as the methods for…

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Article L133-4 of the French Intellectual Property Code

Remuneration for library lending is distributed as follows: 1° A first share is divided equally between authors and their publishers on the basis of the number of copies of books purchased each year, for their libraries receiving the public for lending, by the legal entities mentioned in the third paragraph (2°) of article 3 of the aforementioned law no. 81-766 of 10 August 1981, determined on the basis of the…

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Article L134-1 of the French Intellectual Property Code

For the purposes of this chapter, “unavailable book” means a book published in France before 1 January 2001 which is no longer distributed commercially by a publisher and which is not currently published in printed or digital form. Unavailable book” means a book published in France before 1 January 2001 which is no longer distributed commercially by a publisher and which is not currently published in printed or digital form.

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Article L134-2 of the French Intellectual Property Code

A public database is created, made available free of charge via an online public communication service, which lists unavailable books. The Bibliothèque nationale de France shall ensure that the database is implemented, updated and that the information provided for in articles L. 134-4, L. 134-5 and L. 134-6 is included. Any person may ask the Bibliothèque nationale de France to register an unavailable book in the database. The inclusion of…

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