LAW ON THE REMUNERATION OF LIBRARY LOANS AND THE STRENGTHENING OF THE SOCIAL PROTECTION OF AUTHORS
LexInter | July 16, 2016 | 0 Comments

LAW ON THE REMUNERATION OF LIBRARY LOANS AND THE STRENGTHENING OF THE SOCIAL PROTECTION OF AUTHORS

The National Assembly and the Senate have adopted,

The President of the Republic promulgates the law whose content follows:

Article 1

The Intellectual Property Code is thus amended:
1 ° Title III of Book I is supplemented by Chapter III as follows:

“Chapter III

“Remuneration for library loan

“Art. L. 133-1. – When a work has been the subject of a publishing contract with a view to its publication and distribution in the form of a book, the author cannot oppose the loan of copies of this edition by a library welcoming the public.
“This loan gives rise to the right to remuneration for the benefit of the author according to the terms provided for in article L. 133-4.
“Art. L. 133-2. – The remuneration provided for in Article L. 133-1 is collected by one or more of the collecting and distributing societies governed by Title II of Book III and approved for this purpose by the Minister responsible for culture.
“The authorization provided for in the first paragraph is issued in consideration of:
” – the diversity of the partners;
“- the means that the company proposes to implement to ensure the collection and distribution of the remuneration for the loan in the library;
“- the equitable representation of authors and publishers among its associates and within its governing bodies.
“A decree in the Council of State sets the conditions for issuing and withdrawing this approval.
“Art. L. 133-3. – The remuneration provided for in the second paragraph of article L. 133-1 comprises two parts.
“The first part, payable by the State, is based on a fixed contribution per user registered in libraries open to the public for loan, with the exception of school libraries. A decree sets the amount of this contribution, which may be different for libraries in higher education institutions, as well as the methods for determining the number of registered users to be taken into account for the calculation of this share.
“The second part is based on the public sale price excluding tax of the books purchased, for their libraries welcoming the public for loan, by the legal persons mentioned in the third paragraph (2 °) of article 3 of the law n ° 81-766 of August 10, 1981 relating to the price of the book; it is paid by the suppliers who make these sales. The rate of this remuneration is 6% of the public selling price.
“Art. L. 133-4. – Remuneration for library loans is broken down under the following conditions:
“1 ° A first part is divided equally between the authors and their publishers at the rate of the number of copies of the books purchased each year, for their libraries open to the public for loan, by the legal persons mentioned in the third paragraph (2 °) of article 3 of the aforementioned law n ° 81-766 of August 10, 1981, determined on the basis of the information that these persons and their suppliers communicate to the company or companies mentioned in article L. 133-2;
“2 ° A second part, which may not exceed half of the total, is allocated to the payment of a fraction of the contributions due for the supplementary pension by the persons referred to in the second paragraph of article L. 382 -12 of the social security code. “;
2 ° Article L. 335-4 is supplemented by a paragraph worded as follows:
“Failure to pay the levy mentioned in the third paragraph of Article L. 133-3 shall be punished by the fine provided for in the first paragraph. . “;
3 ° Article L. 811-1 reads as follows:
“Art. L. 811-1. – The provisions of this code are applicable to Mayotte with the exception of the fourth paragraph of article L. 335-4 and articles L. 133-1 to L. 133-4 and subject to the modifications provided for in the following articles. Subject to the same reservation, they are applicable in French Polynesia, in the Wallis and Futuna Islands, in the French Southern and Antarctic Lands and in New Caledonia with the exception of the fourth paragraph of article L. 335-4 and articles L. 133-1 to L. 133-4, L. 421-1 to L. 422-10 and L. 423-2. ”

Article 2

The social security code is thus amended:
1 ° Articles L. 382-11 and L. 382-13 are repealed;
2 ° Article L. 382-12 is worded as follows:
“Art. L. 382-12. – Persons affiliated to the general scheme in application of article L. 382-1 are covered by supplementary old-age insurance schemes established in application of article L. 644-1.
“For the categories of persons mentioned in the first paragraph which, on the date of entry into force of Law No. 2003-517 of June 18, 2003 relating to remuneration for library loans and strengthening the social protection of authors, do not fall within the scope of these schemes, a decree designates the applicable supplementary old-age insurance scheme. It determines each year the part of the remuneration received in application of Article L. 133-3 of the Intellectual Property Code which is allocated to the payment of a fraction of the contributions due by these affiliates; however, this share may not exceed half of their total amount. It also sets the methods for recovering the sums corresponding to this share and the membership fees. ”

Article 3

Article 6 of Ordinance No. 98-731 of August 20, 1998 adapting to the overseas departments, New Caledonia and the local authority of Saint-Pierre-et-Miquelon various provisions relating to health and social affairs is completed by a VI worded as follows:
“VI. – The provisions of Article L. 382-12 of the Social Security Code are applicable to persons affiliated to the basic old-age insurance scheme of Saint-Pierre-et-Miquelon who exercise an activity of artist-author when this activity , if it was exercised in metropolitan France or in an overseas department, would entail their affiliation to the general regime in application of article L. 382-1 of the said code. ”

Article 4

Article 3 of Law No. 81-766 of August 10, 1981 relating to the price of the book reads as follows:
“Art. 3. – By way of derogation from the provisions of the fourth paragraph of Article 1 and subject to the provisions of the last paragraph, the actual selling price of books may be between 91% and 100% of the selling price to the public when the purchase is carried out:
“1 ° For their own needs, excluding resale, by the State, local authorities, educational, professional training or research establishments, representative unions or works councils;
“2 ° For the enrichment of the collections of libraries open to the public, by legal persons managing these libraries. The effective price includes the amount of the remuneration for the library loan based on the public selling price of books provided for in Article L. 133-3 of the Intellectual Property Code.
“The actual selling price of school books can be set freely when the purchase is made by an association facilitating the acquisition of school books by its members or, for their own needs, excluding resale, by the State, a local authority or an educational institution. ”

Article 5

The Government will present to Parliament, two years after the entry into force of this law, a report on its application and its financial implications.

Article 6

Apart from the articles following this article, this law comes into force on the first day of the second month following its publication in the Official Journal.
Until the expiration of a period of one year from the date of entry into force of this law, the rate of remuneration provided for in the third paragraph of Article L. 133-3 of the Code of intellectual property is set at 3%. During this period, the actual selling price mentioned in the first paragraph of Article 3 of Law No. 81-766 of August 10, 1981 relating to the price of the book may be between 88% and 100% of the selling price to the public. set by the publisher or importer.
The provisions provided for in the third paragraph of article L. 133-3 of the intellectual property code and in the first three paragraphs of article 3 of the aforementioned law n ° 81-766 of August 10, 1981 do not apply to public contracts for which the public invitation to tender has been sent for publication before the date of entry into force of this law.
Public contracts in progress on the date of entry into force of this law and public contracts for which the public invitation to tender was sent for publication before this same date must be terminated no later than no later than one year after the entry into force of this law as soon as they contain provisions that do not comply with the first three paragraphs of the
A decree in the Council of State fixes, as necessary, the conditions of application of this law.

Article 7

I. – After article 302 bis KD of the general tax code, a chapter VII quinquies entitled “Tax on the sales and rentals of videograms intended for private use of the public” and comprising an article 302 bis KE is inserted. thus worded:
“Art. 302 bis KE. – As of July 1, 2003, a tax on sales and rentals in France, including in the overseas departments, of videograms intended for private use by the public is instituted.
“This tax is due by taxpayers who sell or rent videograms to any person who himself does not have the business of selling or renting videograms.
“The tax is based on the amount excluding value added tax of the price paid for the transaction referred to above.
“The tax is payable under the same conditions as those applicable to value added tax.
“It is recorded, liquidated, collected and controlled according to the same procedures and under the same sanctions, guarantees, securities and privileges as the value added tax. Complaints are presented, investigated and judged according to the rules applicable to this same tax. ”
II. – Article 1647 of the same code is supplemented by an IX worded as follows:
“IX. – For assessment and recovery costs, the State levies 2.5% on the amount of the tax mentioned in article 302 bis KE. ”
III. – As of July 1, 2003, the fourth paragraph of a of 1 ° and the second paragraph of a of 2 ° of II of article 57 of the finance law for 1996 (n ° 95-1346 of December 30, 1995) are worded as follows:
“- in proportions established each year by the finance law, the income from the taxes provided for in articles 302 bis KB and 302 bis KE of the general tax code; “.
IV. – As of July 1, 2003, article 49 of the 1993 finance law (n ° 92-1376 of December 30, 1992) is repealed.

Article 8

The City of Architecture and Heritage is a public industrial and commercial establishment placed under the supervision of the Minister responsible for culture. Its mission is to promote knowledge of heritage and architecture, their history and their integration into the territories, as well as the dissemination of architectural creation both in France and abroad. It participates in the promotion of research and the training of public officials and heritage and architecture professionals.
It is administered by a board of directors and headed by a president appointed by decree. The board of directors is made up of representatives of the State,
A decree in Council of State determines the conditions of application of this article.

Article 9

From the creation of the public administrative establishment called “National School of Photography”, the personnel employed on the date of promulgation of this law for an indefinite period by the association “National School of Photography” may, on an individual basis, at their request and within the limits of the budgetary uses entered in the establishment’s budget, benefit from a public law contract of indefinite duration, while retaining their supplementary pension and provident plan. They will continue to receive net compensation at least equal to their previous total net compensation.

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