Copyright and Related Rights Commission (CDADV)
Joint Commission on Remuneration of Journalists and Other Authors under Copyright and Related Rights of News Agencies and Publishers
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Law No. 2019-775 of 24 July 2019, resulting from Directive (EU) 2019/790 of 17 April 2019, complements the system initiated by Law No. 2009-669 of 12 June 2009, known as HADOPI relating to the right to exploit the works of journalists which provides that journalists are entitled to additional remuneration (in the form of copyright or salary) under the various forms of reuse of their works in press titles. It creates a neighbouring right for publishers and news agencies to be remunerated for the resumption of their publications by online public communication services. These provisions aim to take into account the impact of the digital revolution on the economy of the press sector and thus preserve the pluralism and quality of information accessible online.
If the law favours collective bargaining through corporate agreements for professional journalists or through specific agreements for other authors, it provides, in the absence of agreement, that an administrative committee be called upon to facilitate such agreements and, failing that, to lay down the terms of remuneration due to authors.
Decree No. 2021-539 of 29 April 2021 abolishes the Journalists' Copyright Commission (CDAJ) and terminates the mandate of its members.
The latter shall be replaced by a joint committee provided for in Articles L . 132-44 and L.218-5 of the Intellectual Property Code, whose composition is defined by the aforementioned decree. It is presided over by Mr. Bernard Chevalier, advisor to the Court of Cassation. Its members were appointed by an order of 31 January 2022 of the Minister of Culture for a renewable term of 5 years.
The work of the committee began on March 14, 2022 with the adoption of the rules of procedure that define its operating procedures. The Directorate-General for Media and Cultural Industries (DGMIC) provides the secretariat for the commission.
The new Copyright and Related Rights Commission (CDADV) is composed of two colleges, one for copyright and the other for related rights.
The college copyright
It takes over the missions of the former CDAJ and rules on disputes relating to the determination of journalists' copyright. This first college is composed of six full members appointed by the representative professional press enterprise organisations and six full members appointed by the representative professional journalists' trade unions.
The law of 12 June 2009 promoting the dissemination and protection of creation on the Internet, known as the HADOPI law, instituted, in article 132-44 of the Code of Intellectual Property (CPI), the payment of additional remuneration to journalists for the exploitation of their works, beyond the period covered by the salary for the first exploitation or outside the initial press title.
The modalities and the amount of these additional remuneration must be the subject of company agreements or collective agreements.
If the negotiation could not take place or if it did not lead to a company agreement and if there is no collective agreement, the employer, the shop stewards or, failing that, the employee representative organisations or, failing this, journalists appointed by a trade union organization of professional journalists, or failing that, any journalist regularly collaborating with the company, may refer the matter to the commission and more specifically to the copyright college to seek a compromise solution. It is then this college that determines the modes and bases of remuneration due to journalists in return for exploitation rights.
The Copyright College shall render its decision within two months of the referral to the Committee declared admissible by the Secretariat.
The college neighbouring rights
In case of failure of negotiations in the framework of company agreements or collective agreements and on referral, this college rules on the sharing between publishers and news agencies and professional journalists and other authors of works included in press publications of the remuneration due under neighbouring law by online public communication services. It is composed of five members appointed by the professional organizations of representative press companies, one member appointed by the professional organizations of representative news agencies, four full members appointed by the trade unions of representative professional journalists and two full members appointed by the professional organizations representing authors or collective management bodies representing authors.
Under the new chapter VIII on the «Rights of publishers and news agencies» of the Single Title introduced in Book II of the Intellectual Property Code (CPI), online public communication services are liable to publishers and press agencies under neighbouring law for the resumption of the publications they publish on their platform or search engine.
The law now requires these services to pay a sum to publishers and news agencies calculated on the basis of specific criteria such as «the human, material and financial investments made by publishers and news agencies, the contribution of press publications to political and general information and the importance of the use of press publications by online public communication services” or a lump sum in accordance with the provisions of Article L 218-4 of the CPI.
Once this amount is recovered by the beneficiaries, they are required to pay an appropriate and fair share of the remuneration to their professional journalists and more broadly to all authors who participate in the production of the content. This distribution is fixed under conditions determined by a company agreement or, failing that, by a collective agreement; for the other authors, it is determined by a specific agreement.
However, in the event of failure of the negotiations, one of the parties to the negotiations or any person having an interest in acting may refer the matter to the Commission and in particular to the Neighbouring Rights College for an agreement: The committee then sought a compromise solution with the parties in order to reach an agreement. If the disagreement persists, it shall determine the appropriate and equitable share of the remuneration of journalists and other authors and the modalities of its distribution among the authors concerned.
The Neighbouring Rights College shall give its decision within four months of the referral to the Committee declared admissible by the Secretariat.
Requests must be sent (by registered mail with AR or delivered against receipt) to the following postal address:
CDADV - DGMIC - 182 rue Saint Honoré - 75001 PARIS
or electronically, with request for acknowledgement of receipt of the message, to the following address:
Decisions
Minutes of meetings
- Article L 132-44
- Articles L 218-1 and following
- Article R 312-1
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