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Chapter VII: Provisions applicable to certain providers of online content sharing services

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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