French Intellectual Property Code

An authorisation for the multi-territorial exploitation of online rights in a musical work within the meaning of this code is an authorisation for the exploitation of a musical work, granted under copyright, to an online service provider in the territory of more than one Member State of the European Union.

I.-Collective management organisations may, under conditions laid down by decree in the Conseil d’Etat, grant authorisations for the multi-territorial exploitation of online rights in musical works provided that they have the means to process electronically the data required to manage these authorisations. II.-Online service providers are required to report accurately on the actual use of the rights granted to them under these authorisations.

When a collective management organisation is able to grant authorisations for the multi-territorial exploitation of online rights in musical works in accordance with the provisions of this chapter, it may not refuse the mandate to manage such authorisations that another organisation decides to entrust to it which does not offer this type of authorisation for musical works in its own repertoire. However, the requested organisation is only obliged to accept…

Right holders who have authorised a collective management organisation to grant multi-territorial exploitation authorisations for online rights in musical works may terminate that authorisation in the event that the organisation does not grant or offer to grant such exploitation authorisations in respect of those works and has not allowed another collective management organisation to grant such authorisations on its behalf. Such termination shall not affect any other authorisations they have…

Without prejudice to the right of the parties to bring proceedings before the court, disputes relating to multi-territorial exploitation authorisations for online rights in musical works may be submitted to the mediator referred to in Article L. 327-6 under the conditions set out in Chapter VII of this Title.

The provisions of this chapter do not apply to collective management organisations when they grant a multi-territorial exploitation licence for online rights in musical works to audiovisual communication undertakings for communication to the public or making available to the public: 1° Simultaneous with or subsequent to radio or television programmes broadcast by the audiovisual communication undertaking; 2° Content, including previews, produced by the audiovisual communication undertaking or on its behalf,…

The provisions of Article L. 324-12 do not apply to income from the granting of multi-territory licences for the exploitation of online rights in musical works.