The Intellectual Property Code provides for a procedure for disputes:
- relating to the conditions, effects and termination of the authorisation to manage rights and the management of those rights;
- addressed to them by:
- their members;
- other organisations for which they manage rights under a representation agreement;
- rights holders who are not their members but who have a direct legal relationship with them by virtue of the law or by way of assignment, licence or any other contractual agreement.
DVP wishes to respond as efficiently and quickly as possible to disputes addressed to it and undertakes to deal with each one to the best of its ability. It has therefore put in place a procedure for handling such disputes.
The following questions and answers are intended to help you better understand this procedure.
Any disputes must be addressed to DVP, which will forward them to the Board of Directors:
- either by email to the following address: admissions@dvpresse.fr
- or by post to: Société des Droits Voisins de la Presse, 2 rue du Général Lanrezac, 92200 Neuilly sur Seine, France.
To enable DVP to process a dispute as quickly as possible, the request must contain all the information necessary for DVP to process it: the more information there is about the subject of the dispute, the more DVP will be able to process it quickly.
You should therefore provide the following information in particular:
- your personal details (your surname and first names and, where applicable, the name of the agency or press publisher, your address or the address of the registered office);
- the subject of your request in detail. For example, in the case of a complaint: the period, publication, online public communication service concerned;
- the publication(s) concerned;
- the date of any previous correspondence sent to DVP.
Upon receipt of your dispute, DVP will acknowledge receipt and assign it a registration number.
If the request is sufficiently detailed, the dispute will be immediately forwarded to the relevant DVP department depending on its subject matter (if it is not, DVP may contact you for further information).
The registration number will enable the dispute to be tracked. This number must be kept and quoted in any subsequent correspondence with DVP departments.
DVP undertakes to respond within two months unless there are legitimate reasons for delay.
Your dispute may be incomplete and require additional information, thereby preventing compliance with the two-month deadline.
Furthermore, the response to your dispute may depend on information that is not available to DVP but to a user or another management organisation, which DVP must then consult: this may increase the processing time by DVP.
You may bring the matter before the competent court.
This challenge procedure is provided for in Article L.328-1 of the Intellectual Property Code.