The Higher Council for Literary and Artistic Property (CSPLA)

The Higher Council for Literary and Artistic Property is responsible for advising the Minister responsible for Culture on literary and artistic property.

The Board of Governors has the function of monitoring the exercise and enforcement of copyright and related rights and of monitoring the development of practices and markets, with the exception of competition matters which are the responsibility of the Autorité de la concurrence. It can initiate studies corresponding to its missions and propose any measure concerning French literary and artistic property abroad.  It can assist in the resolution of disputes relating to the application of legislation in this area on matters that involve the collective interests of the professions.

The CSPLA aims to answer the new questions posed to copyright and neighbouring rights by the rise of the Web and digital. It is a unique forum for dialogue and consultation between the various actors concerned (authors, artists, producers, publishers, broadcasters, service providers, consumers, users).

A programme of work is submitted to the CSPLA by the Minister for the purpose of making proposals and recommendations in this area. The Minister may also propose to the Minister responsible for Culture that any matter relating to his area of competence be considered. The Chair reports to the Minister responsible for Culture on the Council’s work through written opinions and an annual report. It shall be informed of the action taken by the Government on its proposals and recommendations. 

Historical

The CSPLA takes its origins from the report "Le désir de France", presented to the Prime Minister in December 1999 by MP Patrick Bloche, which proposed to set up a mediation body with the Ministry of Culture and Communication for intellectual property issues related to the Information Society and more particularly to the Internet, assisted by a Scientific Council composed of lawyers and representatives of professionals from the cultural industries.

Legal basis

Created by an inter-ministerial decree of 10 July 2000, the Conseil Supérieur benefited from a legislative consecration through Article 17 of Law No. 2006-961 of 1 August 2006 on copyright and related rights in the Information Society (now repealed). This order, amended several times, continues to govern CAPB.

How the CSPLA works

The Board of Governors has a total of 99 members:

  • a President and a Vice-President, respectively State Councillor and Advisor to the Court of Cassation;
  • 8 representatives of the various administrations concerned;
  • 10 qualified persons in the field of intellectual property (lawyers, university professors or telecommunications engineers);
  • 2 representatives of public institutions under the supervision of the Minister in charge of Culture and responsible for the conservation and presentation of cultural heritage;
  • 39 professional representatives and their 39 alternates.

The professionals are divided into 7 colleges: authors, performers, publishers, producers and broadcasters from different sectors of cultural creation (music, audiovisual, video game, software, book, press, graphic arts and plastics), access providers, consumers and users.

Once appointed by their respective organizations, the representatives of public institutions and professionals are appointed by order of the Minister for a period of three years. The same applies to qualified personalities.

The High Council must meet at least twice a year at the request of its President and meet as of right at the request of the Minister for Culture or two-thirds of its members.

For its work, the Conseil Supérieur relies on specialized committees appointed from among its members to deal with matters entrusted to it by the minister or which it has taken up itself. These committees may include experts from outside the Board of Governors.

The work of the specialised committees concludes with a report and a draft opinion. These are submitted to the Higher Council meeting in plenary session for deliberation. The opinions and recommendations of the Superior Council are adopted by consensus or by a vote, and then sent to the Minister of Culture and Communication. Many reports produced by the CSPLA have led, directly or indirectly, to adaptations of our positive law, or have at the very least nourished the action of the Ministry of Culture and Communication.

In addition to the creation of specialized committees, the CSPLA may also entrust missions on a given subject to experts, members of the Council or not, to prepare a summary document, after having heard the various professionals of the sectors concerned.

Member organisations

The Ministry appoints the members of the Council in two stages. In accordance with Article 4 of the 2000 Decree, it first draws up a list of public heritage institutions and professional bodies which are members of the Council, as well as the number of members each is called upon to appoint. Then, a second decree appoints the natural persons whom these member organisations will have appointed to represent them and the qualified personalities of the Council.

Composition

Members of the Superior Council are appointed by order of the Minister of Culture for a period of three years.

Rules of procedure

To download:

RI CSPLA.pdf

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RI CSPLA.pdf
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Activity reports

You can consult here Council activity reports.

 
Works and publications

The work of the CSPLA is divided into three categories:

  • Les minutes of plenary sessions, first, give an exhaustive account of the exchanges held within the Council in its diversity, concerning the various work in progress of the Council and the topicality of the moment in terms of copyright and related rights, in particular through hearings. The plenary sessions are also an opportunity to take stock of the recent relevant case law of the Court of Justice of the European Union and the Court of Cassation;
Compte-rendus des séances plénières
  • Les reports and opinions of committees are documents drawn up on a given theme in specialised committees (working groups bringing together all the members of the Council who so wish as well as external personalities), then discussed and adopted in plenary session, before being forwarded to the Minister;
Commissions spécialisées
  • Les mission reports and opinions are the result of ad hoc studies entrusted to a member of the Council or to an external expert in order to enlighten in independence, while consulting and hearing the actors concerned, the public authorities on a specific subject.
Compte-rendus de missions

The difference between a commission’s report and a mission’s report is the status of the document:

  • A committee report shall be adopted collectively in plenary session of the Council, if necessary by a vote of its members. It therefore represents the position of the CSPLA.
  • On the other hand, a mission report, even though it must be presented and discussed before the High Council in plenary session, is the sole responsibility of its author or authors and not that of the High Council.

Organisation