Commissions

Articles L. 132-35 to L.132-45 of the Intellectual Property Code lay down the legal framework for the exploitation of journalists' works on various media. They lay down the principle of the transfer of the rights of exploitation of journalists' works to the press publisher who employs them, which may re-export these works in return for additional remuneration, the amount of which and the conditions for payment of which are fixed by company agreement.

These agreements are concluded:

• by the trade union representatives in accordance with Article L. 2232-16 of the Labour Code,
• either, by the employee representatives elected to the works council or to the single staff delegation, or, failing that, by the staff delegates in application of Article L. 2232-21 of the French Labour Code (this possibility applies to undertakings with less than 200 employees, in the absence of shop stewards or staff delegates designated as shop stewards1),
• in undertakings without a shop steward and in the absence of employee representatives, by one or more employees expressly appointed by one or more representative trade union organisations in the sector. This procedure concerns undertakings with fewer than 11 employees not subject to the obligation to organise elections for union delegates. These agreements are approved by a majority of the votes cast by professional journalists (within the meaning of articles L. 7111-3 to L. 7111-5 of the Labour Code) who regularly collaborate with the press company.

I) Presentation of the role of the CDAJ

The Journalists' Copyright Committee was created by Law No. 2009-669 of 12 June 2009 promoting the dissemination and protection of creation on the Internet in order to facilitate the conclusion of agreements on the copyright of journalists in companies.

It is a joint commission chaired by a representative of the State and composed, half of the representatives of representative professional press organisations and half of the representatives of trade union organisations of representative professional journalists.

Its tasks and composition are provided for in Article L. 132-44 of the Intellectual Property Code. Its operating procedures are the subject of decree no. 2010-994 of 26 August 2010 (articles R132-18 to R132-27 of the Intellectual Property Code).

Two tasks are assigned to the CDAJ by law:

• In the absence of a company agreement on the copyright of journalists, either because of the expiry of a previous agreement or because of difficulties encountered in the negotiations between the social partners, one of the parties to the negotiation may refer the matter to the Commission for the purpose of determining the methods and bases of the remuneration due in return for the exploitation rights of journalists' works. In this case, the committee seeks a compromise solution with the parties in order to reach an agreement on the basis of the existing agreements with regard to the media in question.
• by way of derogation from the last paragraph of Article L. 2232-21 and Article L. 2232-22 of the Labour Code, the committee is competent to validate, in place of the branch committee, agreements concluded in companies with fewer than 200 employees, by the employees' elected representatives in the works council or in the single staff delegation or, failing that, by the staff delegates.

1Cases covered by the Labour Code in companies with fewer than 50 employees

• Art. L. 132-35 to L. 132-45 of the Intellectual Property Code,
• Art. L. 2232-12 to L. 2232-29 of the Labour Code,
• Decree no. 2010-994 of 26 August 2010 on the commission provided for in Article L. 132-44 of the Intellectual Property Code,
• Order of 11 July 2011, as amended, appointing the members of the joint committee provided for in Article L. 132-44 of the Intellectual Property Code (consolidated version)
• Rules of Procedure of the CDAJ adopted on 15 February 2012.

1st case: Referral to the committee in case of lack of agreement

(application of the 4th paragraph of Article L. 132-44 of the ICC)

1) Who can refer the committee?

The CDAJ may be entered by the parties to the negotiation:

• the employer,
• the shop steward.

In the absence of a shop steward, the committee may refer:

• institutions representing the staff,
• otherwise, any employee appointed by a trade union of professional journalists within the meaning of Article L. 7111-3 of the Labour Code,
• otherwise, any professional journalist who regularly collaborates with the press company.

2) Content of the application and supporting documents to be produced

The committee shall be informed by letter delivered against signature or by any other means suitable for determining the date of the submission, in particular by electronic means.

Postal address: Commission pour les droits d'auteur des journalistes (CADJ) – DGMIC - 182 rue Saint Honoré - 75001 PARIS

E-mail: cdaj.dgmic@culture.gouv.fr

The committee shall not be validly seized of the matter until:

• emanates from one of the parties to the negotiation, that is, by the employer or a trade union representative, failing which by the institutions representing the employees, failing which by any employee appointed by a trade union of professional journalists within the meaning of Article L 7111-3 of the Labour Code, failing which any professional journalist within the meaning of the same article who regularly collaborates with the press company
• relates to the determination of the methods and bases of remuneration due in return for the exploitation of journalists' works or the existence and/or perimeter of one or more possible coherent press families, within the meaning of Article L132-39 of the Intellectual Property Code
• and includes all of the following documents:

1 - the name and contact information of the applicant and the justification for his ability to refer the matter to the Commission,

2 - the subject-matter of the referral which must be substantiated and develop the points of disagreement found between the parties to the negotiation (if possible, append the documents supporting the reasons for the referral),

3 - the contact details of the parties to the negotiation.

3) CDAJ procedure and decision

On receipt of a referral deemed admissible, the chairman of the committee shall appoint two rapporteurs from among its members, one representing the trade union organisations of journalists representing the other the representative professional press organisations, in order to bring the parties to the negotiations closer together and to propose a solution to the commission, which decides by a majority of its members present.

The committee shall give its decision within two months of its referral.

2nd case: Referral to the committee for validation of agreements in the absence of a joint branch committee

(pursuant to the 3rd paragraph of Article L. 132-44 of the ICC

1) Who can refer the committee?

Requests for validation of agreements concluded by employers with the employee representatives elected to the works council or to the sole delegation of staff, or alternatively with the staff delegates may be forwarded to the committee by one of the signatory parties to the agreement.

2) Content of the application and supporting documents to be produced

• Minutes of elections of staff representatives to the works council, to the sole delegation of staff or failing that, minutes of elections of staff delegates,
• names, surnames, contact details (postal and e-mail address) and signatures of the parties to the agreement,
• a document attesting that the company has fewer than 200 employees and is without a union representative.

In order to ensure greater legal certainty for the agreements concluded, it is recommended that each of the various circles of exploitation of journalists' works be remunerated on its own.

3) CDAJ procedure and decision

 The Commission shall give its decision within two months of the transmission of the agreements. Failing this, they shall be deemed to have been validated.

Decisions of the CDAJ under the 4th paragraph of Article .L. 132-44 of the ICC

• Decision no. 2011-01 dated 21 February 2012, on referral of the SA Groupe la Dépêche du Midi (published in the BO of the Ministry of Culture and Communication n°207 February 2012).

• Decision no. 2012-01 dated 5 June 2012 on referral of the SNJ union delegate of the company "Le Progrès" SA (published in the BO of the Ministry of Culture and Communication n° 211 June 2012)

• Decision on referrals no. 2012-02, 2012-03 and 2012-04 dated 19 October 2012 of the SIU SNJ union delegates “Dépêche du Midi” and the staff delegates of the companies “Midi-Olympique” and “Dépêche Mag” (published in the BO of the Ministry of Culture and Communication n° 215 October 2012)

• Decision on referrals no. 2012-05, 2012-06 and 2012-07 dated 19 October 2012 of the SNJ and SNJ-CGT union delegates of the company "Le Nouvel Observateur", the SNJ union delegate of the company "Sciences et Avenir" and the Group Director General “Le Nouvel Observateur du Monde” (published in the BO of the Ministry of Culture and Communication no. 215 October 2012)

• Decision no. 2012-08 dated 31 December 2012 on referral of the SNJ trade union representative to the "Société Nouvelle du Journal l'Humanité" (published in the BO of the Ministry of Culture and Communication n°218 January 2013)

• Decision no. 2012-09 of 25 January 2013 on the referral of the SNJ union representative of the company "Le Progrès" SA (published in the BO of the Ministry of Culture and Communication n°218 January 2013)

Agreements validated by the CDAJ under the 3rd paragraph of Article L. 132-44 of the ICC

• Agreement signed on 14 December 2011 within the company DORDOGNE LIBRE (CDAJ 10 May 2012),
• Agreement signed on 3 February 2012 within the company UNI-EDITIONS (CDAJ 5 June 2012),

CDAJ Rules of Procedure for download: