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Article L136-4 of the French Intellectual Property Code

I.-The remuneration due for the reproduction and representation of plastic, graphic or photographic works of art by automated image referencing services is based on the revenue from exploitation or, failing that, assessed on a flat-rate basis in the cases provided for in Article L. 131-4. The scale and terms of payment of this remuneration are set by means of an agreement between the approved bodies for the management of rights…

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Article L137-1 of the French Intellectual Property Code

For the purposes of Articles L. 137-2 to L. 137-4, a person who provides an online public communication service whose main purpose, or one of whose main purposes, is to store and give the public access to a large quantity of works or other protected objects uploaded by its users, which the service provider organises and promotes with a view to making a direct or indirect profit, is qualified as…

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Article L137-2 of the French Intellectual Property Code

I.-By providing access to copyright-protected works uploaded by its users, the provider of an online content sharing service performs an act of representation of these works for which it must obtain authorisation from the rightholders, without prejudice to the authorisations that it must obtain under the reproduction right for the reproductions of the said works that it makes. I.-The provider of an online content sharing service does not have to…

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Article L137-2-1 of the French Intellectual Property Code

Under the conditions set out in articles L. 324-8-1 to L. 324-8-6, the contract by which an approved collective management organisation authorises an online content sharing service provider to exploit the works of authors of the graphic and plastic arts may be extended to rights holders who are not members of this organisation by order of the Minister responsible for culture.

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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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