French Intellectual Property Code
In forceI.-Without prejudice to the right of the parties to refer the matter to the court, the mediator for music is entrusted with a conciliation mission for any dispute relating to the performance:
1° Of any agreement between performers whose performance is fixed in a phonogram, phonogram producers and publishers of online public communication services making musical works available;
2° Of a contractual undertaking between a performer and a phonogram producer;
3° Of a contractual commitment between a phonogram producer and a publisher of online public communication services making musical works available;
4° Of a contractual commitment between a phonogram producer and a show producer.
Within the framework of his mission, the mediator may be referred to by any performer, by any phonogram producer, by any show producer or by any publisher of online public communication services making musical works available. It may also be referred to by their representatives or by any interested professional or trade union organisation, as well as by the Minister responsible for culture.
To carry out its mission, it invites the parties to provide it with all the information it deems necessary, without being able to invoke business secrecy, and may hear any person whose hearing it deems useful.
The Music Ombudsman performs his duties in accordance with the powers of the Autorité de la concurrence. When the facts identified by the Mediator appear to constitute anti-competitive practices mentioned in articles L. 420-1 to L. 420-7 of the French Commercial Code, the Mediator shall refer the matter to the French Competition Authority. This referral may be made under an emergency procedure, in accordance with article L. 464-1 of the same code. The Ombudsman may also refer any competition matter to the Autorité de la concurrence for an opinion, pursuant to Article L. 462-1 of the said Code. The Autorité de la concurrence may consult the ombudsman on any matter falling within its remit and, to this end, shall forward to him any referral falling within the scope of that remit.
When the dispute referred to it falls within the remit of another conciliation body set up by a collective labour agreement, the mediator shall refer the matter to that body for its opinion. He shall declare himself incompetent if this body so requests.
The Music Ombudsman shall promote or encourage any conciliatory solution to the disputes referred to him/her. When he finds an agreement between the parties, he draws up a conciliation report specifying the measures to be taken to implement it. If the parties fail to reach an agreement, the mediator may issue a recommendation proposing measures to put an end to the dispute. He may make the conciliation decision or recommendation public, subject to information covered by business secrecy.
II.-The Music Ombudsman may make any proposal to the Minister responsible for culture that he deems necessary for the performance of his duties. He shall implement any measure likely to encourage the adoption of codes of practice between professional bodies and collective management bodies representing performers and phonogram producers, between phonogram producers and show producers or between phonogram producers and publishers of online public communication services making musical works available.
Each year, the Music Ombudsman sends a report on its activities to the Minister for Culture. This report is public. A copy is sent to the chairmen of the standing committees of the National Assembly and Senate responsible for culture.
III.-A Conseil d'Etat decree specifies the conditions for application of this article.
