French Intellectual Property Code
In forceA commission is set up, chaired by a representative of the State, and composed, in addition, of half representatives of representative professional press organisations and half representatives of representative professional journalists' trade unions.
The State representative is appointed from among the members of the Court of Cassation, the Council of State or the Court of Auditors, by order of the Minister responsible for communication.
Notwithstanding the last paragraph of article L. 2232-21 and to Article L. 2232-22 of the French Labour Code, the Commission shall rule, instead of the joint industry committee, on the validity of agreements relating to journalists' copyright concluded under the conditions set out in Article L. 2232-21 of the same Code, within two months of their transmission; failing this, the agreements shall be deemed to have been validated. The commission checks that these collective agreements do not infringe any applicable legislative, regulatory or contractual provisions.
Failing the conclusion of a company agreement within six months of the publication of the loi n° 2009-669 du 12 juin 2009 favorisant la diffusion et la protection de la création sur internet, et en l'absence de toute autre accord collectif applicable, l'une des parties à la négociation de l'accord d'entreprise peut saisir la commission aux fins de déterminer les modes et bases de la rémunération due en contrepartie des droits d'exploitation. The request may also relate to the identification of the titles making up a coherent press family within the group, pursuant to Article L. 132-39.
In the absence of a commitment to negotiate, the employer and the trade union delegate are considered to be parties to the negotiation of the company agreement. In the absence of a trade union delegate, the following may refer the matter to the commission:
- the staff representative institutions;
- failing that, any employee mandated by a trade union organisation of professional journalists within the meaning of article L. 7111-3 of the French Labour Code;
- failing this, any professional journalist within the meaning of the same article L. 7111-3 who regularly works for the press company.
For company agreements concluded for a fixed term that expire or for those that are terminated by one of the parties, the matter may be referred to the commission under the same conditions and on the same issues as in the previous paragraph, failing the conclusion of a new company agreement within six months of the expiry date of the fixed-term agreement or failing the conclusion of a replacement agreement within the time limits provided for in Article L. 2261-10 of the French Labour Code following the termination of the previous agreement.
The commission shall seek a compromise solution with the parties in order to reach an agreement. To this end, it will draw on existing agreements relevant to the form of press under consideration. It will give its decision within two months of the referral.
The committee takes its decision by a majority of the members present. In the event of a tie, the chairman has the casting vote.
The commission's decisions are enforceable if, within one month, its chairman has not requested a second deliberation. They are notified to the parties and to the Minister responsible for communication, who ensures that they are made public.
The Commission's decision does not prevent new collective bargaining from commencing in the press companies concerned. The collective agreement resulting from this negotiation replaces the commission's decision, once it has been filed by the most diligent party with the administrative authority, in accordance with Article L. 2231-6 of the Labour Code.
A decree in the Conseil d'Etat shall lay down the conditions for application of this article and in particular the composition, procedures for referral to and operation of the commission as well as the means of judicial appeal against its decisions.
