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Chapter VI: Provisions applicable to the search for and referencing of plastic, graphic or photographic works of art

Article L136-1 of the French Intellectual Property Code

For the purposes of this chapter, automated image referencing service means any online public communication service in which plastic, graphic or photographic works of art collected automatically from online public communication services are reproduced and made available to the public for the purposes of indexing and referencing.

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Article L136-2 of the French Intellectual Property Code

I.-The publication of a work of visual, graphic or photographic art from an online public communication service entails the management, for the benefit of one or more collective management organisations governed by Title II of Book III of this Part and approved for this purpose by the Minister responsible for culture, of the right to reproduce and represent this work within the framework of automated image referencing services. In the…

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Article L136-3 of the French Intellectual Property Code

The approval provided for in I of Article L. 136-2 is issued in consideration of: 1° The diversity of the members; 2° The professional qualifications of the directors; 3° The human and material resources they propose to implement to ensure the management of reproduction and representation rights for plastic, graphic or photographic works of art by automated image referencing services. A decree in the Council of State sets out the…

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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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