French Intellectual Property Code
In forceI.-The remuneration due for the reproduction and representation of plastic, graphic or photographic works of art by automated image referencing services is based on the revenue from exploitation or, failing that, assessed on a flat-rate basis in the cases provided for in Article L. 131-4.
The scale and terms of payment of this remuneration are set by means of an agreement between the approved bodies for the management of rights in plastic, graphic or photographic works of art and the organisations representing the operators of automated image referencing services.
The duration of these agreements is limited to five years.
II.-In the absence of an agreement reached within six months of the publication of the Conseil d'Etat decree provided for in Article L. 136-3, or if no agreement has been reached by the expiry date of a previous agreement, the scale of remuneration and the terms and conditions of payment shall be decided by a commission chaired by a representative of the State and made up, in equal numbers, of representatives of the bodies approved in accordance with the same Article L. 136-3 and representatives of the operators of automated image referencing services.
The organisations required to appoint representatives as members of the commission, as well as the number of people each is required to appoint, are determined by order of the minister responsible for culture.
The committee decides by a majority of the members present. In the event of a tie, the chairman has the casting vote.
The commission's decisions are published in the Official Journal.
