Chapter Id : Multi-territorial exploitation licences for online rights in musical works

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Article R321-12

French Intellectual Property CodeIn force

Updated 7 Nov 2023

I. - The collective management organisation requested by another organisation to ensure the management of multi-territorial exploitation authorisations in accordance with article L. 325-3 shall give a written response within one month, giving reasons if it is negative.

II. - The mandate given to one collective management organisation by another in accordance with article L. 325-3 results from the conclusion of a representation agreement between these two organisations. This agreement is non-exclusive.

III. - Within the period stipulated in the representation agreement, the agent organisation shall include the musical works of the principal organisation in all the offers it makes to online service providers.

It shall inform the mandating organisation of the main terms and conditions under which multi-territory exploitation authorisations for online rights in the latter's musical works are granted, specifying the nature of the exploitation, the elements relating to the remuneration of these authorisations and those that may have an impact on this remuneration, the term of validity of the exploitation authorisations and the territories they cover.

IV. - The principal organisation shall inform its members of the main terms of the representation agreement, including its duration and the cost of the services provided by the agent organisation.

This information obligation also applies to right holders who are not members of the mandating organisation if they have a direct legal relationship with it in relation to the rights in question, by operation of law or contract.

Mariela Petrova

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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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