Title III: Prevention, procedures and penalties

I.-When a final court decision has ordered any measure to prevent access to an online public communication service pursuant to Article L. 336-2, the Autorité de Régulation de la Communication Audiovisuelle et Numérique (French Audiovisual and Digital Communications Regulatory Authority), on application by a rights holder who is a party to the court ruling, may require any person covered by the ruling, for a period that may not exceed that…

As part of its regulatory and monitoring role in the fields of technical measures for the protection and identification of works and objects protected by copyright or related rights, the Autorité de régulation de la communication audiovisuelle et numérique performs the following functions: 1° It ensures that the technical measures referred to in Article L. 331-5 do not, as a result of their mutual incompatibility or their inability to interoperate,…

Any software publisher, any technical system manufacturer and any service operator may, in the event of refusal of access to information essential to interoperability, ask the Audiovisual and Digital Communications Regulatory Authority to guarantee the interoperability of existing systems and services, while respecting the rights of the parties, and to obtain from the holder of the rights to the technical measure the information essential to such interoperability. From the date…

Any person benefiting from the exceptions mentioned in 2° of Article L. 331-28 or any approved legal entity representing that person may refer to the Autorité de régulation de la communication audiovisuelle et numérique any dispute concerning the restrictions that the technical protection measures defined in Article L. 331-5 place on the benefit of the said exceptions.

I.- Legal entities and establishments open to the public referred to in 7° of Article L. 122-5 that make reproductions or representations of a protected work or object suitable for disabled people may refer to the Autorité de régulation de la communication audiovisuelle et numérique any dispute relating to the transmission of printed texts in the form of a digital file. II.-As part of its role in facilitating access for…

With due respect for the rights of the parties, the Autorité de Régulation de la Communication Audiovisuelle et Numérique shall promote or encourage a conciliatory solution. Where it draws up a conciliation report, it shall be enforceable; it shall be filed with the registry of the judicial court. Failing conciliation within two months of its referral, the authority, after giving the interested parties the opportunity to present their observations, shall…

The Autorité de régulation de la communication audiovisuelle et numérique may be asked for an opinion by one of the persons referred to in Article L. 331-29 on any question relating to the interoperability of technical measures. The authority may determine, in the context of its opinions, the constituent elements of the technical documentation provided for in the same Article L. 331-29. It may also be referred to for an…

A decree in Council of State specifies the conditions for application of this sub-section. It lays down the procedures for informing users of a work, videogram, programme, phonogram or press publication mentioned in article L. 331-10.