I.-The provisions of this chapter may not preclude the free use of the work within the limits of the rights provided for in this code and those granted by the rightholders. In particular, they must not have the effect of depriving users of online content sharing service providers of the effective benefit of the exceptions to copyright provided for in this Code.
II.
II – The provider of an online content sharing service must make available to users of its service a mechanism for appealing and handling complaints relating to the blocking or removal of works uploaded by these users as a result of the actions referred to in III of Article L. 137-2.
III – The mechanism referred to in II above must make available to users of its service a mechanism for appealing and handling complaints relating to the blocking or removal of works uploaded by these users as a result of the actions referred to in III of Article L. 137-2.
III.-The mechanism referred to in II enables complaints to be dealt with quickly and efficiently by the online content sharing service provider, without undue delay. Copyright holders who, following a complaint from a user, request the continued blocking or removal of a work, must duly justify their request. Decisions to block access to uploaded works or to remove such works taken in the context of complaint handling are subject to review by a natural person.
IV.
IV -Without prejudice to their right to refer matters to the courts, users or copyright holders may refer matters to the Audiovisual and Digital Communications Regulatory Authority in the event of a dispute over the action taken by the service provider in response to the user’s complaint.
The Audiovisual and Digital Communications Regulatory Authority will take the necessary steps to resolve the dispute.
The Autorité de régulation de la communication audiovisuelle et numérique shall proceed in accordance with the provisions of Article L. 331-32. However, in the absence of conciliation within a period of one month from the date of referral, it has a period of two months from the date of referral to make its decision. Where justified by the urgency or nature of the case, the chairman of the authority may reduce these time limits. In the event of an injunction, it shall prescribe the appropriate measures to ensure the blocking or removal of an uploaded work or the lifting of such blocking or removal.
The appeal provided for in the last paragraph of Article L. 331-32 does not have suspensive effect.
A decree in the Conseil d’Etat shall specify the conditions of application of this IV.
V.- The Autorité de Régulation de la Communication Audiovisuelle et Numérique is not obliged to take action on abusive referrals, in particular where they are numerous, repetitive or systematic.
VI.-For the purposes of the regulation of audiovisual and digital communication, the Autorité de Régulation de la Communication Audiovisuelle et Numérique is not obliged to take action on abusive referrals.
VI.-For the purposes of informing users, the provider of an online content sharing service shall include in its general terms and conditions of use adequate information on the exceptions and limitations to copyright provided for in this code and enabling the lawful use of works.