I.-The right to authorise the simultaneous, unabridged and unchanged retransmission, other than cable retransmission as defined in III of article L. 132-20-1 and meeting the conditions mentioned in II of article L. 132-20-3, on national territory, of a performer’s performance, a phonogram or a videogram broadcast by any process, other than online transmission, from a Member State of the European Union may only be exercised by a collective management organisation. If this organisation is governed by Title II of Book III, it must be approved for this purpose by the minister responsible for culture.
If the right holder has not already entrusted its management to one of these organisations, he shall designate the one he entrusts with this task. The right holder notifies the organisation in writing of this designation, which may not be refused.
If no collective management organisation has been designated by the right holder, the right is exercised by the approved collective management organisation competent for rights in the same category, or by the competent organisation whose approval has been in force the longest.
II.-The provisions of Article L. 217-2 apply to the issue and withdrawal of the authorisation provided for in I and to the procedures for designating the organisation responsible for managing the retransmission right in the case provided for in the second paragraph of I.
III.-By way of derogation from I, the right holder may assign the right to a broadcasting organisation.
The provisions of I do not apply to rights assigned to a broadcasting organisation.