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Article L137-3 of the French Intellectual Property Code

I.-The provider of an online content sharing service shall provide, at the request of copyright holders, relevant and precise information on the type and operation of the measures taken by it for the application of III of Article L. 137-2. This obligation is exercised with due regard for business secrecy duly justified by the service provider and is without prejudice to more detailed obligations entered into under a contract between…

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Article L137-4 of the French Intellectual Property Code

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…

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Article L138-1 of the French Intellectual Property Code

I.-An unavailable work within the meaning of this chapter is a protected work for which it can be presumed in good faith, following reasonable investigative efforts, that it is not available to the public through the usual commercial distribution channels and which was first published or communicated to the public thirty years ago or more. The reasonable investigative efforts referred to in the previous paragraph shall be carried out by…

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Article L138-2 of the French Intellectual Property Code

I.-When a collective management organisation governed by Title II of Book III of this Part and approved for this purpose by the Minister for Culture concludes, in accordance with the mandates given by the rights holders, a contract on a non-exclusive basis and for non-commercial purposes, with a view to the reproduction or performance of an unavailable work, with a library accessible to the public, a museum, an archive service…

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Article L138-3 of the French Intellectual Property Code

The authorised collective management organisation shall transmit without delay, and at least six months before the work is made available to the public, to the Office of the European Union for Intellectual Property the information for the purpose of identifying the work concerned, the information concerning the opposition procedures as well as the information concerning the parties to the licensing contracts, the territories covered and the uses envisaged. This information…

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Article L138-4 of the French Intellectual Property Code

An author or his successors in title may object to an approved collective management organisation issuing exploitation authorisations on their behalf. This objection may relate to a work or a group of works. The opposition may be notified to the approved collective management organisation at any time. If the use of the work has already been authorised, the organisation will terminate it as soon as possible and at the latest…

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Article L138-5 of the French Intellectual Property Code

The procedures for applying articles L. 138-1 to L. 138-4, in particular the procedures for issuing and withdrawing the approval referred to in article L. 138-2 and the procedures for exercising the right to object referred to in article L. 138-4, are specified by decree in the Conseil d’Etat .

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Article L139-1 of the French Intellectual Property Code

Under the conditions provided for in articles L. 324-8-1 to L. 324-8-6, the contract by which an approved collective management organisation authorises the reproduction and representation of the works mentioned in 7° to 12° of article L. 112-2, for the exclusive purpose of illustrating publications or works, distributed online without restriction of access, as part of a research and higher education activity covered by articles L. 123-1 and L. 732-1…

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