Ordinance No. 2016-1823 of 22 December 2016 aims to ensure and guarantee the freedom of copyright and related rights holders in the management of their rights. These rights holders must therefore be allowed to choose between collective and individual management, to determine the rights or categories of rights they wish to contribute to collective management organisations, to define the territories covered by these contributions, to easily withdraw their contributions and to grant authorisations for uses that do not give rise to any commercial advantage.
In order for this freedom to be effective, it must be known to all rights holders.
This is why collective management organisations are required to inform rights holders who wish to entrust them with the management of their rights of what those rights are, before obtaining their consent.
This is the purpose of this document:
1/ When deciding to join DVP, a rights holder may assign all of their rights or limit their assignment to:
- certain publications they publish
- certain online communication services to the public that use their content
- certain territories
2/ The conditions for admission to DVP, based on objective, transparent and non-discriminatory criteria, are set out in Article 1 of the General Regulations.
Once these conditions are met, the Board of Directors admits the rights holder to DVP. If it decides to reject or postpone an application for admission for objective reasons, it must inform the applicant in writing, stating the reasons for its decision (Article 2 of the General Regulations).
3/ Notwithstanding the contributions made in accordance with DVP’s Articles of Association, a Member of DVP may grant authorisations to exploit its works for uses that do not give rise to any commercial advantage, in accordance with the terms and conditions set out by DVP (Article 6(2) of the Articles of Association).
4/ A DVP Member may, at any time and without restriction, withdraw one or all of the publications contributed to DVP, with effect from the end of each calendar year, for all or some online public communication services, for all or some territories, subject to giving three months’ notice before the end of the calendar year in question (Article 8 of the Articles of Association).
5/ When a DVP Member withdraws its contributions, it retains the following rights (Article 9 of the Articles of Association) with regard to related rights royalties collected by DVP for the exploitation of its press publications while its rights were still managed by DVP:
- distribution within the time limits provided for in Article 12 of the General Regulations, i.e.:
- no later than nine months from the end of the financial year during which the rights arising from the exploitation of publications in the DVP repertoire were collected from the exploiters, unless there is a legitimate reason preventing compliance with this time limit;
- where the royalties are collected by a collective management organisation or an independent management organisation with which DVP has a representation agreement, six months from the date on which DVP received the royalties from that organisation, unless there is a legitimate reason preventing compliance with this deadline.
- communication, at each distribution, of the information referred to in Article R. 321-16-I of the Intellectual Property Code (Article 12 of the General Regulations);
- communication, in response to a duly justified request, by electronic means to admissions@dvpresse.fr and within a period not exceeding one month, of the following information: publications represented by DVP, the rights managed and the territories concerned;
- application to the sums distributed to it of management fees justified in view of the services rendered to it and not exceeding the justified costs incurred by DVP for the management of the rights entrusted to it (Article 13 of the Articles of Association);
- access to the list of publications for which DVP has been unable to identify or locate one or more rights holders within the distribution deadlines set out in Article 12 of the General Regulations, i.e. no later than three months after the expiry of the aforementioned deadlines;
- the possibility of submitting to the Office, at admissions@dvpresse.fr, any dispute relating to the conditions of admission, contributions, partial withdrawals of contributions, resignations, their effects and the management of rights contributed to DVP, within the time limits and under the conditions set out in Article 7 of the General Regulations.