French Cinema and Moving Image Code
In forceI.-On expiry of a period of three months from notification, if the Minister responsible for culture considers that the documents and information presented do not enable him to ensure that the beneficiary of the transaction is in a position to meet the objective mentioned in the second paragraph of II of Article L. 261-1, he will submit the transaction to the commission for the protection of access to works, the composition and operation of which are set by decree in the Conseil d'Etat.
The Minister responsible for culture informs the transferring producer that the matter has been referred to the committee.
When the documents and information submitted enable the Minister responsible for culture to be sure that the beneficiary of the transaction is in a position to meet the objective mentioned in the same second paragraph, he informs the producer without delay that there is no need to submit the transaction to the committee and that the procedure is closed.
II.-The Commission de protection de l'accès aux œuvres (Commission for the Protection of Access to Works) makes its decision, following an adversarial procedure, within a period of no more than three months from the date of referral. It will hear the parties to the transaction.
At the end of this procedure, the commission may impose on the beneficiary of the transaction, in a reasoned decision, the obligations that it considers appropriate to seek the continued exploitation of all or part of the works transferred, with regard to the human, technical, material and financial resources available to it, under conditions equivalent to those resulting from the application of the agreement provided for inarticle L. 132-27 of the Intellectual Property Code.
The Commission's decision may be appealed to the courts.
