The Mediator of Music

The mediator of the music can be seized by any performer, producer (of phonograms or shows) or publisher of online communication services to the public making available musical works, by their representatives, by any professional or trade union organisation concerned or by the minister responsible for culture.

Referral to the Ombudsman by a party shall be made by letter delivered against signature or by any other means capable of proving the date of referral.

The referral must include:

1 – The name, surname and address of the applicant and, if the applicant is a legal person, its form, name, registered office, the identity of its legal representative and a copy of its articles of association;

2 – If applicable, the name of its board or representative and the mandate given to the board;

3 – The documents justifying that the applicant falls under one of the categories provided for in the sixth paragraph of I of article L. 214-6 of the French Intellectual Property Code;

4 – The subject-matter of the referral with a statement of the dispute and the documents on which the claim is based;

5 – The name, first name and address of the other party or parties to the dispute or, for legal persons, their name and registered office.

If the referral does not comply with these requirements, the Ombudsman shall send a request for regularisation within one month to the applicant or his representative, where appropriate. In the absence of regularisation, or if the dispute does not fall within its jurisdiction, the Ombudsman declares the referral inadmissible.

Where the facts referred to the Ombudsman appear to constitute anticompetitive practices, he shall refer the matter to the Autorité de la concurrence.

Where the dispute referred to it falls within the jurisdiction of another conciliation body set up by an agreement or collective agreement, the mediator shall refer the matter to that body for an opinion. The opinion shall be deemed to have been delivered if the department does not reply to the mediator within one month of receipt of the referral by the mediator. It shall declare that it has no jurisdiction if so requested by that body.

The mediator shall inform the other party or parties to the dispute of the referral within eight days of receipt of the request by letter delivered against signature or by any means capable of establishing proof of the date of receipt of the referral.

The parties then have a period of one month within which to address their observations to the mediator and the applicant by letter delivered against signature or any other means capable of establishing proof of the date of receipt of those observations.

The mediator shall have three months from the receipt of the request or, where appropriate, from the receipt of the parties' observations or from the expiry of the time allowed for filing them, to attempt to reconcile the parties. This period may be extended once, for the same period, on the initiative of the mediator and with the agreement of the parties.

In carrying out his duties, the Ombudsman shall invite the parties to supply him with all information which he considers necessary, without prejudice to business secrecy, and may hear any person whose hearing he considers useful.

For the examination of each dispute, the music mediator hears the parties, who can be assisted by any person of their choice (whose identity they communicate prior to their hearing).

The music mediator shall draw up a record of these hearings, which shall be entered in the file.

Where the mediator finds an agreement between the parties, the content of the agreement shall be recorded in a conciliation report signed by the parties and the mediator. It shall specify the measures to be taken to implement this agreement and the time limit set by the Ombudsman for its implementation. A copy shall be delivered to each party against signature or sent by letter delivered against signature or any other means capable of establishing proof of the date of receipt within ten days.

Where a party avails himself of the secrecy of the business, he shall, on the occasion of its disclosure, inform the Ombudsman of any information, documents or part of documents which he considers to be covered by that secrecy and which cannot then be made public.

The mediator may bring to the attention of the other parties those matters covered by business secrecy only with the agreement of the party who avails himself of them.

If no agreement can be reached between the parties at the end of the three-month period (renewable once), the mediator may address to the parties a recommendation proposing measures to put an end to the dispute, which shall be notified to them within ten days. Where appropriate, within three months of receipt of the recommendation, the parties shall inform the mediator of any action they intend to take on the recommendation. Failing that, they are deemed to have accepted the mediator’s recommendation.

The failure of the conciliation is constituted when no agreement is reached between the parties within the three-month period (renewable once) or when the recommendation has been rejected by at least one of the parties. This failure shall be recorded in a statement of non-conciliation, a copy of which shall be delivered to each party within ten days.

Article L. 214-6 of the Intellectual Property Code, issued under Law no. 2016-925 of 7 July 2016 on the freedom of creation, architecture and heritage 

Decree no. 2017-338 of 15 March 2017 on the mediator of music (Articles R. 214-8 to 214-18 of the Intellectual Property Code)

Decree of 22 October 2020 appointing the Music and Book Mediator