French Intellectual Property Code
In forceI.-Where the author has transferred all or part of his exploitation rights, the assignee shall send him or make available to him by an electronic communication process, at least once a year, explicit and transparent information on all income generated by the exploitation of the work, distinguishing between the different modes of exploitation and the remuneration due for each mode of exploitation, subject to Articles L. 132-17-3 and L. 132-28. This obligation is without prejudice to that provided for in article L. 132-28-1.
Subject to the professional agreements satisfying the conditions of this article made in application of article L. 132-17-8 of this code and articles L. 213-28 to L. 213-37 and L. 251-5 to L. 251-13 of the Code du Cinéma et de l'Image Animée, the conditions under which the accounts are to be presented, in particular their frequency and the deadline by which they must be sent electronically, may be specified by a professional agreement concluded under the conditions provided for in II of this article for each sector of activity. This agreement may also lay down specific conditions for the submission of accounts for authors whose contribution is not significant, as well as the conditions for the transmission of the information referred to in article L. 132-28-1.
In the absence of a professional agreement, the conditions for the transmission of the information referred to in article L. 132-28-1 may be specified.
In the absence of an applicable professional agreement, the contract shall specify the procedures and date for the presentation of accounts.
II.-Where the information provided is not significant, the contract shall specify the procedures and date for the presentation of accounts.
II.
II.-Where the information referred to in the first paragraph of I is held by a sub-licensee and the assignee has not provided it in full to the author, this information is provided by the sub-licensee. Subject to article L. 132-17-3 of this Code and articles L. 213-28 and L. 251-5 of the Code du Cinéma et de l'Image Animée, a professional agreement concluded between, on the one hand, the professional authors' organisations or the collective management organisations mentioned in Title II of Book III of this Code and, on the other hand, the organisations representing the assignees in the sector concerned, sets the conditions under which the author may obtain communication of the information. This agreement determines in particular whether the author contacts the sub-licensee directly or indirectly via the assignee to obtain the missing information.
III.
III - Any agreement referred to in I and II may be extended to all interested parties by order of the Minister for Culture
.
In the absence of an agreement within twelve months of the publication of Order no. 2021-580 of 12 May 2021 transposing Article 2(6) and Articles 17 to 23 of Directive 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market and amending Directives 96/9/EC and 2001/29/EC, the conditions under which the author may obtain communication of the information held by the sublicensee are set by decree in the Council of State.
Where an agreement is concluded after the publication of this decree, its provisions cease to have effect on the date of entry into force of the decree making the agreement compulsory for the entire sector.
IV.-The provisions of this decree apply to all sub-licensees.
IV.-The provisions of this article do not apply to software authors.
