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1°. Definition of the activity
On the basis of Article 6-1 of Directive 2006/115/EC of December 12, 2006, the Intellectual Property Code provides that, when a work has been the subject of a publishing contract with a view to its publication and distribution in book form, the author cannot oppose the loan of copies of this edition by a library open to the public.
This loan opens the right to remuneration for the benefit of the author. The Intellectual Property Code provides that this remuneration is collected by one or more collective management organizations approved for this purpose by the Ministry of Culture.
2°. Installation conditions
To hold an approval from the Ministry of Culture to manage the remuneration for library loans, the organization requesting the approval must demonstrate (article L. 133-2 of the Intellectual Property Code):
- the diversity of its associates within the governing and deliberative bodies of the management body;
- the professional qualification of managers. There is no requirement for a level of study or even a specific qualification, this is understood in the sense of "professional competence";
- the means that the organization proposes to implement to ensure the collection and distribution of remuneration for library loans;
- fair representation of authors and publishers among its partners and within its governing bodies.
3°. Installation procedures and formalities
a. Application for approval
The organization wishing to exercise the activity of collective management of library lending rights must submit its request for approval to the Ministry of Culture.
This request must be accompanied by the following elements (article R. 325-1 of the Intellectual Property Code):
- any proof allowing to establish, by the composition of its deliberative and executive bodies, the diversity of its associates by reason of the categories and the number of the beneficiaries, of the economic importance expressed in income or in turnover and of the diversity of editorial genres;
- any evidence enabling the equitable representation of authors and publishers to be established among its partners and within its governing bodies;
- any document making it possible to justify the professional qualification of its managers and corporate officers by reason of their authorship, the nature and level of their diplomas or their experience in the publishing or management sector. professional organizations;
- all necessary information relating to the administrative organization and the conditions of installation and equipment
- all necessary information relating to the means implemented for the collection of statistical data on the acquisitions of works by libraries;
- all necessary information relating to the means implemented for the collection of remuneration and the processing of data necessary for the distribution of this remuneration;
- all necessary information relating to the financing plan and the provisional budget for the three years following the request for approval;
- all necessary information relating to the measures it has taken or intends to take to guarantee compliance with the rules for the distribution of remuneration between authors and publishers, as well as the fairness of the distribution within each of these categories .
The interested party must send his request for approval by registered letter with acknowledgment of receipt to the Minister responsible for culture, who issues a receipt.
The request can also be made online .
When the file is not complete, the Minister in charge of culture requests by registered letter with acknowledgment of receipt an additional file which must be submitted in the same form within one month of receipt of this letter.
Approval is issued by order of the Minister responsible for culture, published in the Official Journal of the French Republic. It is granted for five years and is renewable under the same conditions as the initial approval.
Changes in the situation
If the organization ceases to meet one of the conditions set out in article R. 325-1 of the Intellectual Property Code, the administration sends it a formal notice by registered letter with acknowledgment of receipt. The beneficiary of the authorization has a period of one month to present his observations. In the absence of regularization of the situation, the approval may be withdrawn by order of the Minister responsible for culture, published in the Official Journal of the French Republic.
Any change of statute or general regulations, any termination of function of a member of the governing and deliberative bodies of an approved body shall be communicated to the Minister responsible for culture within fifteen days of the corresponding decision. Failure to declare may result in withdrawal of approval.
4 °. Reference texts
- Intellectual property code, legislative part, article L.133-2;
- Intellectual property code, regulatory part, articles R.325-1 et seq.