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In all such cases, the amount of the fine shall be at least ten thousand (10,000) francs.
ARTICLE 119 Factual evidence of infringements of the regulations relating to the
protection of copyright and neighboring rights may be constituted by the statements of
sworn officials of the collective management organization pursuant to the Code of Penal
Procedure or the statements of police detectives.
ARTICLE 120 In the event of an infringement of the provisions of Article 4.2 of the
present Law, the purchaser and ministerial officials may be ordered, jointly and severally,
to pay damages to the beneficiaries of the resale royalty right.
ARTICLE 121 Authorities of all kinds, and in particular the police and the gendarmerie,
shall be required, at the request of representatives of the collective management
organization, to give their assistance and, where appropriate, their protection.
The competent authorities shall not grant entertainment promoters any license or other
permit before such promoters have produced the authorization issued by the collective
management organization.
ARTICLE 122 The performance, use, exploitation, broadcast, reproduction, publication
or marketing of any literary or artistic work shall be subject to ongoing monitoring by the
collective management organization.
During the course of such monitoring, the persons carrying out the activities referred to in
the paragraph above shall communicate to the sworn officials of the collective
management organization all the documents and information that they deem necessary
for the proper accomplishment of their task.
ARTICLE 123 Any obstruction of the proper conduct of the monitoring referred to in
Article 122 of the present Law shall be punished with the penalties provided for in
Article 110 of the present Law.
ARTICLE 124 The following acts shall be deemed unlawful and shall be assimilated to
an infringement of the rights of authors and of other holders of copyright:
- the making or import, for sale or rental, of a device or facility specially
designed or adapted to render inoperative any device or facility intended to
prevent or restrict the reproduction of a work or impair the quality of the copies
made;
- the making or import, for sale or rental, of a device or facility such as to permit
or facilitate the reception of an encoded program broadcast or communicated in
any other manner to the public by persons not entitled to receive it;
- the removal or alteration of any electronic rights management information
without authority;
- the distribution or import for distribution, broadcast, communication to the
public or making available to the public, without authority, of works,
performances, phonograms or broadcast programs, in the knowledge that