Section 1: Common provisions

Articles in this section · 13

Article L212-3-3

French Intellectual Property CodeIn force

Updated 8 Nov 2023

I.-Where the performer has transferred all or part of his rights on an exclusive basis, he may, in the absence of any exploitation of his performance, terminate ipso jure the transfer of all or part of these rights.


II.-The procedures for exercising the right of termination referred to in I, in particular its application over time and the information to be given to the beneficiary of the exploitation contract, are defined by collective agreement or professional agreement. II - The procedures for exercising the right of termination referred to in I, in particular its application over time and the information to be given to the beneficiary of the exploitation contract, are defined by means of a collective agreement or a professional agreement concluded between, on the one hand, the professional performers' organisations or the collective management organisations mentioned in Title II of Book III and, on the other hand, the organisations representing the operators in the sector concerned.


This agreement defines the period after which the right of termination is exercised. This agreement defines the period from which the performer may exercise the right of termination.


III. III -Any agreement mentioned in II may be extended to all interested parties by order of the competent minister.


In the absence of an agreement within twelve months of the publication of Order no. 2021-580 of 12 May 2021, the procedures for exercising the right of termination 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 binding on the entire sector.


IV.-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 binding on the entire sector.


IV -Where a protected work or subject-matter includes the contributions of several performers, these performers shall exercise the right of termination referred to in I by mutual agreement.


In the event of disagreement, it is up to the performers to reach an agreement. In the event of disagreement, it is for the civil court to rule.


V.-This Article does not apply to performers who have contributed to an audiovisual work.


VI.-These provisions are without prejudice to the right of the performer to claim damages. VI.-These provisions are without prejudice to the provisions of Article L. 212-12.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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