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Journal Officiel de la République
française (
Intellectual Property Code (Regulatory Part – Decrees in Conseil d’Etat)
INTELLECTUAL PROPERTY CODE (Regulatory Part – Decrees
in Conseil d'Etat)
Chapter
I: Nature of Copyright
Article R111-1
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The royalties referred to in Article L. 111-4 (third paragraph) of the
Intellectual Property Code shall be paid to that one of the following bodies
that is competent by reason of its statutory vocation, the nature of the work
and the envisaged exploitation mode:
Centre national
des lettres;
Société des gens de lettres;
Société des auteurs et compositeurs dramatiques;
Société des auteurs, compositeurs et éditeurs de musique;
Société pour l’administration du droit de reproduction mécanique des auteurs,
compositeurs et éditeurs;
Société des auteurs des arts visuels.
If the competent body should not accept to collect the royalties
concerned or in the absence of a competent body, the royalties shall be paid to
the Deposit and Consignment Office.
Article R111-2
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The amount of the monies to be paid by the user of a work shall be determined
in accordance with usual practice in each of the categories of creation involved.
The payment of the monies and their use for purposes of general or professional
interest shall be subject to controls by the Minister responsible for culture.
Chapter
II: Patrimonial Rights
Article R122-1
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The threshold for the levying of the resale right referred to in Article L.
122-8 shall be set at a selling price of 100.
Article R122-2
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
An artist who wishes to enjoy resale right either for the whole of his work or
for one or more works, when they are included in a public sale, shall be
required to have published in the Official Journal a statement of which the terms
shall be laid down by ministerial order.
The artist concerned shall simultaneously address to the Minister responsible
for culture a duplicate of his statement.
The statement may be made by the heirs or successors in title of the artist.
The statement may mention the marks or particulars of any kind that may
facilitate authentification of the artist’s works.
Where the object results from the collaboration of more than one artist wishing
to enjoy resale right, the statement may be made collectively by those artists
or individually by each of them.
Such statement shall include the fact that there is agreement between the
collaborators on the distribution of the royalty provided for by this Code and
in what proportion they have agreed to proceed therewith.
Article R122-3
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
(Decree No. 2001-650 of 19 July 2001 art. 68
Official Journal of
In the absence of the statement referred to in the preceding Article, the
concerned party may enjoy the resale right when a given work is included in a
public sale by requesting the public or ministerial officer, or the person
authorised on a permanent or casual basis to conduct voluntary sales of
moveables at public auctions, at the latest within 24 hours after the sale, to
effect the levy referred to in Article L. 122-8.
Where the object has resulted from the collaboration
of more than one artist and in the absence of a statement as provided for in
the preceding Article, a person or persons who wish to enjoy the resale right
may assert that right in accordance with the preceding paragraph.
The notification addressed to the public or
ministerial officer, or the person authorised on a permanent or casual basis to
conduct voluntary sales of moveables at public auctions shall state whether
there is agreement between the collaborators on distribution of the royalty and
in what proportion they have agreed to proceed therewith.
Article R122-4
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The statements under Articles R. 122-2 and R. 122-3 may include the designation
of a representative such as a company or association instructed to represent
the interests of the artists, his heirs and cessionaries for the application of
the provisions of Article L. 122-8.
Such representative shall take all necessary steps to safeguard the rights of
the artist, his heirs and cessionaries.
Article R122-5
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
(Decree No. 2001-650 of 19 July 2001 art. 68 Official
Journal of
As from the inclusion in the Official Journal of the
statement under Article R122-2 or of receipt of the statement under Article
R122-3, the public or ministerial officer, or the person authorised on a
permanent or casual basis to conduct voluntary sales of moveables at
public auctions, carrying out the public sale of the work of art that is the
subject of such statement shall be required, at his personal liability, to levy
on the selling price obtained the amount resulting from application of the
tariff determined by Article L122-8 and Article R122-1.
Article R122-6
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
(Decree No. 2001-650 of 19 July 2001 art. 68
Official Journal of
Three clear days after a sale that has given rise to a levy, the monies shall
be kept by the public or ministerial officer, or the person authorised on a
permanent or casual basis to conduct voluntary sales of moveables at
public auctions, at the disposal of the concerned party. The monies shall be
remitted either against proof by the concerned party of his identity or of his
capacity to act or by a declaration of the representative and at his liability.
Where the object has resulted from the collaboration
of more than one artist, in the absence of an agreement under Articles R. 122-2
and R. 122-3, the amount resulting from application of the tariff determined by
Articles R. 122-8 and R. 122-1 shall be held for the benefit of the entitled
persons until the issue of distribution has been amicably settled or a decision
has been taken under the general rules of law. If, on expiry of the three-month
period laid down by Article R. 122-7, the conditions for distribution have not
been fixed and notified by the parties concerned to the public of ministerial
officer, or the person authorised on a permanent or casual basis to
conduct voluntary sales of moveables at public auctions, who has made the
levy, the amount resulting from that levy shall be paid to the Deposit and
Consignment Office for subsequent remittance to the entitled party.
Article R122-7
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
(Decree No. 2001-650 of 19 July 2001 art. 68
Official Journal of
If the monies have not been handed out after the sale, the public or
ministerial officer shall hold the amount during a period of three months.
Before expiry of the first month, the public or
ministerial officer, or the person authorised on a permanent or casual basis to
conduct voluntary sales of moveables at public auctions, shall inform by
registered letter the artist, his heirs and cessionaries or his representative
that he has made a levy for his benefit in application of Article L122-8 and
that the amount resulting is being kept at his disposal.
If no reply is received to this notification prior to
expiry of the third month, the public or ministerial officer, or the person
authorised on a permanent or casual basis to conduct voluntary sales of
moveables at public auctions, shall be released, after that time limit, from
all liability on payment of the levied amount to the vendor.
The amount of the notification cost, which may not
exceed one franc, shall be deducted from the amount of the monies paid to the
artist or to the vendor.
Article R122-8
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
(Decree No. 2001-650 of 19 July 2001 art. 68
Official Journal of
The public or ministerial officer, or the person authorised on a permanent or
casual basis to conduct voluntary sales of moveables at public auctions, who
has paid into the hands of the vendor the amount levied and not claimed shall
be required, on a simple request by the concerned parties, to communicate the
amount of such money and the name, capacity and address of the vendor
concerned, against whom those parties shall retain any statutory remedies.
Article R122-9
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
(Decree No. 2001-650 of 19 July 2001 art. 68
Official Journal of
If the public or ministerial officer, or the person authorised on a permanent
or casual basis to conduct voluntary sales of moveables at public auctions, who
has made the levy prescribed by Article L122-8 receives an opposition or a
regular defense against payment before any payment is made to the concerned
party of the resulting amount, that amount shall be paid, on expiry of the
three-month period under Article R122-7, to the Deposit and Consignment Office
for remittance to the entitled party.
Article R122-10
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
(Decree No. 2001-650 of 19 July 2001 art. 68 Official
Journal of
The public or ministerial officers, or the person authorised on a permanent or
casual basis to conduct voluntary sales of moveables at public auctions,
shall keep a special register for the application of Article L122-8. The
register, of which the pages shall be numbered and which shall be initialled on
the first and last pages, shall include in the order of each public sale a
summary description of the work of art, the selling price, the name of the
artist for whom the resale royalty has been levied, the name and address of the
vendor. The register may be replaced by a receipt register of which one of the
slips shall constitute the notification referred to in Article R122-7 and of which
the stub shall meet the requirements of this Article.
Article R122-11
(inserted by Decree No. 95-385 of
Artists of foreign nationality, their heirs and cessionaries shall enjoy resale
right in the same circumstances and under the same conditions as French artists
if their national legislation affords enjoyment of this right to French
artists, but only during that time for which the artists are allowed to
exercise the right in the country concerned.
However, artists of foreign nationality who, during their artistic career, have
participated in French art life and who have had their place of residence in
France for at least five years, even if not consecutive, may enjoy, without the
requirement of reciprocity, the rights laid down in Article R. 122-2.
The successors in title of such artists shall enjoy the same faculty. The
artists concerned or their successors in title shall submit a request to the
Minister responsible for culture who shall take a decision after having heard
the opinion of a commission of which the composition and conditions of
operation shall be laid down by an order issued by the Minister.
Article R122-12
(inserted by Decree No. 97-1316 of
For the purposes of the application of the provisions if item (d) of
subparagraph 3 of Article L. 122-5, the catalogue of a sale of works of graphic
or three-dimensional art means copies of a list, whether illustrated or not,
distributed prior to a sale at public auction, which, in order to inform
potential purchasers, describes the works that will be disposed of in the
course of the sale, and also the rules for the conduct of the said sale, which
copies are made available free of charge or at cost price to all persons
requesting them of the public or ministerial officer conducting the sale.
Section
4: Commission Contracts for Advertising
Article R132-1
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The Committee referred to in Article L. 132-32 shall meet either in plenary
composition or in compositions specialized in one or more advertising modes.
Each such composition shall be chaired by the Chairman of the Committee and
shall comprise an equal number of representatives of the advertising writers
and of representatives of the advertising producers.
Article R132-2
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The Committee shall comprise 12 representatives of the organizations
representing the advertising writers and 12 representatives of the
organizations representing the advertising producers, designated in accordance
with the first paragraph of Article L. 132-33.
One alternate shall be designated, in the same manner, for each full
representative of the organizations representing the advertising writers and
the advertising producers. The alternate members of the Committee shall not
attend its sessions and shall not participate in its discussions save for the
absence of the full representative for whom they are the alternate.
Article R132-3
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The Chairman and members of the Committee shall be designated for three years.
Vacancies occurring during their term of office shall be filled by designation
for the remainder of the current term.
Article R132-4
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The Chairman shall convene and set the agenda for the Committee and its
specialized compositions.
Convocations shall be ex officio where requested, with a specific
agenda, either by the Minister responsible for culture or by one third of the
members of the Committee.
Article R132-5
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The deliberations of the Committee and its specialized compositions shall be
valid only if three quarters of the members or their regular alternates are
present. Where this quorum is not achieved, the Committee shall be reconvened
within eight days; it may then deliberate whatever the number of members
present.
Article R132-6
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The members of the Committee shall be under an obligation of discretion with
regard to the elements, documents and information of which they obtain
knowledge.
Article R132-7
(Decree No. 95-385 of 10 April 1995 Official
Journal of 13 April 1995)
The secretariat of the Committee shall be provided by the services of the
Minister responsible for culture.
The sessions of the Committee shall not be public. However, the Committee may
hear any person as it deems useful.
The Committee shall establish its rules of procedure.
The decisions of the Committee shall be published in the Official Journal of
the
Section 5: Pledging the Software Exploitation Right
Article R132-8
(inserted by Decree No. 96-103 of 2 February
1996 art. 2 Official Journal of
Pledges in respect of the software exploitation right shall be entered in the
Special National Register of Software kept by the National Institute of
Industrial Property.
The entry shall contain for each computer program:
1°. The identity of the holder of the right referred to in Article L. 122-6 and
of the pledgee, together with any changes concerning the their surnames,
forenames, business names, legal form, domicile or headquarters;
2°. A statement of the elements enabling the computer program to be identified,
such as name, make, designation of the source code, operating documents and
updates, together with any other characteristics of the program and, where
appropriate, the reference of any deposit;
3°. The deed establishing the pledge on all or a part of the software
exploitation right;
4°. The acts modifying ownership or enjoyment of the exploitation right;
5°. The acts modifying the rights of the pledger;
6°. Court actions and final court decisions where they concern the rights that
are the subject matter of the pledge;
7°. Corrections of material errors affecting the entries.
Article R132-9
(inserted by Decree No. 96-103 of 2 February
1996 art. 2 Official Journal of
The request for entry shall be submitted by one of the parties to the pledge or
by a representative having powers of attorney. Unless otherwise provided, such
powers shall extend to the requests for entry referred to in Articles R. 132-10
to R. 132-13 and R. 132-15, to the receipt of the notifications referred to in
Article R. 132-14 and to the request for cancellation referred to in Article R.
132-16.
Article R132-10
(inserted by Decree No. 96-103 of 2 February
1996 art. 2 Official Journal of
The request for entry of a pledge shall be effected by filing a memorandum
whose form shall be determined by decision of the Director General of the
National Institute of Industrial Property.
The memorandum shall contain the following particulars:
1°. The surnames, forenames, domicile or business names, legal form and
headquarters of the creditor and the debtor;
2°. The designation of the software by means of its name, mark, with a precise
statement of all the elements that identify and characterize it, such as the
designation of the source code, the operating documents and the updates
together with, where appropriate, any references to a deposit of the software;
3°. The nature and date of the deed of pledge;
4°. The amount of the debt covered by the deed, its exigibility, the conditions
relating to interest and the accessory costs.
This memorandum shall be accompanied by:
— one original of the deed of pledge;
— one reproduction of the above-mentioned deed if the requester wishes the
original or the authentic copy to be returned to him;
— proof of payment of the prescribed fee;
— where appropriate, the powers of the representative.
Article R132-11
(inserted by Decree No. 96-103 of 2 February
1996 art. 2 Official Journal of
Any acts modifying or canceling the published rights of the debtor and of the
creditor, such as, in particular, transfer, assignment of an exploitation
right, transfer of the pledge or renunciation thereof, together with court
actions and final court decisions relating to the rights, shall be entered at
the request of one of the parties to the act.
The request shall contain:
1°. A memorandum requesting entry whose form shall be determined by decision of
the Director General of the National Institute of Industrial Property;
2°. One of the originals of the private deed or, as appropriate, an authentic
copy of the deed or of the act instituting proceedings;
3°. A copy of the above-mentioned deed where the requester wishes the original
or the authentic copy to be returned to him;
4°. Proof of payment of the prescribed fee;
5°. Where appropriate, the powers of the representative.
Article R132-12
(inserted by Decree No. 96-103 of 2 February 1996
art. 2 Official Journal of
Any change in the surnames, forenames or domicile of the natural persons or any
change in the business names, legal form or headquarters of the legal persons
shall be entered at the request of any person concerned.
The request shall contain:
1°. A memorandum requesting entry whose form shall be determined by a decision
of the Director General of the National Institute of Industrial Property;
2°. Any document required to ascertain the changes or modifications in the
civil status or domicile of natural persons or the name, legal status and
headquarters of legal persons;
3°. Proof of payment of the prescribed fee;
4°. Where appropriate, the powers of the representative.
Article R132-13
(inserted by Decree No. 96-103 of 2 February
1996 art. 2 Official Journal of
Requests for correction of material errors in acts already published in the
Register may be submitted by any party to the acts concerned in accordance with
the procedure under Article R. 132-12. They shall be accompanied by all the
necessary documents.
Article R132-14
(inserted by Decree No. 96-103 of 2 February
1996 art. 2 Official Journal of
If a request for entry is not in conformity, a reasoned notification shall be
made to the requester. He shall be given a period of two months to regularize
his request or to submit observations. Failing regularization or the submission
of observations enabling the objection to be lifted, the request shall be
rejected by a decision of the Director General of the National Institute of
industrial Property.
The notification may be accompanied by a proposal for regularization. In such
case, the proposal shall be deemed accepted if the requester does not contest
it within the two-month period afforded to him.(inserted by Decree No. 96-103
of 2 February 1996 art. 2 Official Journal of 9 February 1996)
Article R132-15
(inserted by Decree No. 96-103 of 2 February
1996 art. 2 Official Journal of
An entry shall cease to have effect if it is not renewed under the procedure
set out in Article R. 132-10 prior to expiry of a period of five years computed
from the date of entry of the pledge.
Article R132-16
(inserted by Decree No. 96-103 of 2 February
1996 art. 2 Official Journal of
Cancellation of an entry may be requested by the creditor or the debtor by
furnishing proof of the extinction of the pledged debt or by producing the act
giving release from the entry.
Cancellation may also be effected as a result of a final court decision.
Article R132-17
(inserted by Decree No. 96-103 of 2 February 1996 art.
2 Official Journal of
All entries made in the Special National Register of Software shall be notified
in the Official Bulletin of Industrial Property.
Any person concerned may obtain from the Institute:
a)A reproduction of the entries in the Register;
b)A certificate attesting to the fact that there is no
entry.
Chapter
II: Rights of Performers
Article R212-1
(inserted by Decree No. 95-385 of
The Committee referred to in Article L. 212-9 shall meet either in plenary
composition or in compositions specialized in one or more sectors of activity.
Each such composition shall be chaired by the Chairman of the Committee and
shall comprise an equal number of representatives of the employees and
representatives of the employers.
Article R212-2
(inserted by Decree No. 95-385 of
The Committee shall comprise 12 representatives of the employees’ organizations
and 12 representatives of the employers’ organizations. The organizations
called upon to designate representatives and the number of representatives of
each such organization shall be laid down by an order issued by the Minister
responsible for culture.
One alternate shall be designated, in the same manner, for each of the full
representatives of the employees’ and employers’ organizations. The alternate
members of the Committee shall not attend its sessions and shall not
participate in its discussions save for the absence of the full representative
for whom they are the alternate.
Article R212-3
(inserted by Decree No. 95-385 of
The Chairman and members of the Committee shall be designated for three years.
Vacancies occurring during their term of office shall be filled by designation
for the remainder of the current term.
Article R212-4
(inserted by Decree No. 95-385 of
The Chairman shall convene and set the agenda for the Committee and its specialized
compositions.
Convocations shall be ex officio where requested, with a specific
agenda, either by the Minister responsible for culture or by one third of the
members of the Committee.
Article R212-5
(inserted by Decree No. 95-385 of
The deliberations of the Committee and its specialized compositions shall be
valid only if three quarters of the members or their regular alternates are
present. Where this quorum is not achieved, the Committee shall be reconvened
within eight days; it may then deliberate whatever the number of members
present.
Article R212-6
(inserted by Decree No. 95-385 of
The members of the Committee shall be under an obligation of discretion with
regard to the elements, documents and information of which they obtain
knowledge.
Article R212-7
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The secretariat of the Committee shall be provided by the services of the
Minister responsible for culture.
The sessions of the Committee shall not be public. However, the Committee may
hear any person as it deems useful.
The Committee shall establish its rules of procedure.
The decisions on the Committee shall be published in the Official Journal of
the French Republic on the initiative of the Minister responsible for culture.
Chapter IV: Provisions Common to Performers and Phonogram Producers
Article R214-1
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The Committee referred to in Article L. 214-4 shall meet in either plenary
composition or in compositions specialized in one or more sectors of activity.
Each such composition shall be chaired by the Chairman of the Committee and
shall comprise an equal number of representatives of the beneficiaries of the
right to remuneration and the representatives of the users of phonograms.
Article R214-2
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The Committee shall comprise 12 representatives of the organizations of
beneficiaries of the right to remuneration and 12 representatives of the
organizations of users of phonograms designated in accordance with the second
paragraph of Article L. 214-4.
One alternate shall be designated, in the same manner, for each of the full
representatives of the organizations of beneficiaries of the right to
remuneration and of the users of phonograms. The alternate members of the
Committee shall not attend its sessions and shall not participate in its
discussions save for the absence of the full representative for whom they are
the alternate.
Article R214-3
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The Chairman and members of the Committee shall be designated for three years.
Any vacancies occurring during their term of office shall be filled by
designation for the remainder of the current term.
Article R214-4
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The Chairman shall convene and set the agenda for the Committee and its
specialized compositions.
Convocations shall be ex officio where requested, with a specific
agenda, either by the Minister responsible for culture or by one third of the
members of the Committee.
Article R214-5
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The deliberations of the Committee and its specialized compositions shall be
valid only if three quarters of the members or their regular alternates are
present. Where the quorum is not achieved, the Committee shall be reconvened
within eight days; it may then deliberate whatever the number of members
present.
Article R214-6
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The members of the Committee shall be under an obligation of discretion with
regard to the elements, documents and information of which they obtain
knowledge.
Article R214-7
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The secretariat of the Committee shall be provided by the services of the
Minister responsible for culture.
The sessions of the Committee shall not be public. However, the Committee may
hear any person as it deems useful.
The Committee shall establish its rules of procedure.
The decisions of the Committee shall be published in the Official Journal of
the French Republic on the initiative of the Minister responsible for culture.
Article R311-1
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The Committee referred to in Article L. 311-5 shall meet in either plenary
composition or in either of two compositions specialized, in the first case, in
phonograms, and in the second case, in videograms. Each of these compositions
shall be chaired by the Chairman of the Committee and shall comprise, for one
half, the representatives of the beneficiaries of the right to remuneration,
for one quarter, the representatives of the manufacturers or importers or of
persons who effect intracommunity acquisition of mediums and, for one quarter,
of representative of the consumers.
Article R311-2
(inserted by Decree No. 95-385 of 10 April 1995
Official Journal of 13 April 1995)
The representative of the State, Chairman of the Committee, shall be appointed
by order of the Minister responsible for culture.
The Committee shall further comprise 24 members representing the categories referred to in the first paragraph of Article L. 311-5 and designated as provided in the second paragraph of the aforementioned Article.