French Intellectual Property Code
In forceI.-Where the professional organisations representing authors and publishers in the book sector conclude an agreement covering all the provisions mentioned in II, this agreement may be made binding on all authors and publishers in this sector by order of the Minister responsible for culture.
II.-.The agreement referred to in I sets out the terms and conditions for the application of the provisions:
1° Relating to the conditions for the transfer of exploitation rights for the digital edition of a book;
2° Of the second paragraph of Article L. 132-11 when they apply to the publication of a book in digital form;
3°From Article L. 132-17-2 relating to the permanent and ongoing exploitation of a book published in printed form and in digital form;
4° From Article L. 132-17-3 relating to the rendering of accounts in order to specify the form of this rendering, the rules applicable to the payment of royalties to the author as well as the procedures for informing the author;
5° From II of article L. 132-17-4 relating to derogations from certain terms and conditions for terminating a book publishing contract;
6° From l'article L. 132-17-5 relating to the publication of a book in digital form;
7° From article L. 132-17-6 relating to the calculation of the author's remuneration from the marketing and distribution of a book published in digital form, in the absence of a unit selling price;
8° From Article L. 132-17-7 relating to the re-examination of the economic conditions of the transfer of the exploitation rights of a book in digital form, in particular the frequency of this re-examination, its purpose and its system as well as the procedures for settling disputes;
9° Of Article L. 132-17-3-1 relating to the deadline for payment of rights and contractual derogations from this deadline;
10° From article L. 132-17-1-1 relating to the conditions for offsetting rights arising from the exploitation of several books;
11° From article L. 132-17-4-1 relating to the conditions for setting up and the duration of provisions for returns of unsold copies.
III.-.In the absence of an agreement made compulsory under I, the terms of application mentioned in II are set by decree in the Conseil d'Etat.
Where an agreement is concluded after the enactment of this decree, the provisions of the decree cease to have effect on the date of entry into force of the decree making the agreement compulsory for all authors and publishers in the book sector.
The Minister responsible for culture may terminate the compulsory nature of the agreement for all authors and publishers in the book sector, due to a change in factual or legal circumstances or for a reason of general interest.
