The form of the operating account, the definition of gross receipts and operating costs and the conditions under which the opposable commission is negotiated are determined by one or more professional agreements concluded between the representative organisations of producers of audiovisual works and, together or separately, the representative professional organisations of distributors of these works, the professional organisations representing television service publishers or a group of representative television service publishers, the professional authors’ organisations and the organisations for the collective management of authors’ rights mentioned in Title II of Book III of Part One of the Intellectual Property Code. The agreements may be made binding on all interested parties in the sectors of activity concerned by order of the competent State authority.
In the absence of professional agreements made compulsory within one year of the publication of Law 2016-925 of 7 July 2016 on the freedom of creation, architecture and heritage, the form of the operating account, the definition of gross receipts and operating costs and the conditions under which the opposable commission is negotiated are set by decree in the Conseil d’Etat.