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Chapter IV: Special provisions for the digital exploitation of unavailable books from the 20th century

Article R134-1 of the French Intellectual Property Code

The public database mentioned in article L. 134-2 is called the “Register of unavailable books of the 20th century”. It is open to public consultation via the Bibliothèque nationale de France’s online public access service. A new list of unavailable books is added on 21 March each year, if that is a working day, or on the first working day thereafter. The list of unavailable books is drawn up by…

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Article Annexe à l’article R134-1 of the French Intellectual Property Code

The data and information recorded, according to their availability, in the processing known as the Register of unavailable books of the twentieth century are as follows: 1. First names and surnames or pseudonyms of the author(s). 2. Details of the author’s status (preface, illustrator, etc.). 3. Year of death of author(s). 4. Author identification number. 5. Name of the collective author. 6. Title of book. 7. Name or company name…

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Article R134-5 of the French Intellectual Property Code

The objection provided for in the first paragraph of I of article L. 134-4, the objection provided for in the fifth paragraph of article L. 134-5 and the request for withdrawal provided for in the first two paragraphs of article L. 134-6 are notified by registered letter with acknowledgement of receipt or by electronic means with acknowledgement of receipt. In support of their objection or request for withdrawal, the author…

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Article R134-6 of the French Intellectual Property Code

The objection provided for in the first paragraph of I of Article L. 134-4 is lodged with the Bibliothèque nationale de France. Upon receipt, the Bibliothèque nationale de France enters a note in the public database provided for in Article L. 134-2 to the effect that the book is the subject of a statement of opposition that is currently being examined. It informs the approved collective management bodies mentioned in…

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Article R134-7 of the French Intellectual Property Code

The objection provided for in the fifth paragraph of article L. 134-5 is lodged with the collective management organisation mentioned in article L. 134-3 which, within one month of the date on which the objection was notified to it, withdraws the exploitation authorisation issued to the publisher. The publisher terminates the exploitation of the book as soon as possible and at the latest within two months of the date on…

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Article R134-8 of the French Intellectual Property Code

The application for withdrawal provided for in the second paragraph of article L. 134-6 must be made to the collective management organisation mentioned in article L. 134-3. Failing to establish within three months of receipt of the withdrawal request that the request was made by a person not entitled to do so, the organisation forfeits the right provided for in I of Article L. 134-3.

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