French Intellectual Property Code
In forceI. - Where the performer 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 revenues generated by the exploitation of the work or protected object, distinguishing between the different modes of exploitation and the remuneration due for each mode of exploitation.
Subject to article L. 212-15 of this code and to professional agreements satisfying the conditions of this article made in application of 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 rendering of accounts is carried out, in particular its frequency and the period within which it is sent by electronic means, 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 provide for special conditions of reporting for performers whose contribution is not significant.
In the absence of an applicable professional agreement, the contract shall specify the procedures and date for the rendering of accounts.
II. - When the information mentioned in the first paragraph of I is held by a sub-licensee and the assignee has not provided it in full to the performer, this information is communicated by the sub-licensee. Subject to 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, a professional agreement concluded between, on the one hand, the performers' professional 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 licensees in the sector concerned, sets the conditions under which the performer may obtain the information mentioned in the first paragraph of I and held by a sub-licensee when the licensee has not provided the performer with all of this information. This agreement determines in particular whether the performer applies directly to the sub-licensee or indirectly through the assignee to obtain the missing information.
III. - Any agreement mentioned in I and II may be extended to all interested parties by order of the Minister responsible for culture.
In the absence of an agreement within twelve months of the publication of Order no. 2021-580 of 12 May 2021, the conditions under which the performer may obtain communication of information held by the sub-licensee are set by decree in the Conseil d'Etat.
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 mandatory for the entire sector.
