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Article L331-17 of the French Intellectual Property Code

As part of its mission to encourage the development of legal supply, whether commercial or non-commercial, and to observe the use, whether legal or illegal, of works and objects protected by copyright or by a related right or by audiovisual exploitation rights mentioned in article L. 333-10 of the French Sports Code on electronic communications networks, the Autorité de Régulation de la Communication Audiovisuelle et Numérique (Audiovisual and Digital Communications…

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Article L331-18 of the French Intellectual Property Code

I.-The Autorité de Régulation de la Communication Audiovisuelle et Numérique (Audiovisual and Digital Communications Regulatory Authority) shall assess the level of effectiveness of the measures taken by providers of online content-sharing services referred to in Article L. 137-1, with regard to their ability to ensure the protection of works and protected objects, including their deployment and operating conditions. It may make recommendations for their improvement and on the level of…

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Article L331-19 of the French Intellectual Property Code

The Autorité de régulation de la communication audiovisuelle et numérique acts on referral from sworn agents approved under the conditions defined in Article L. 331-2 who are appointed by: – regularly constituted professional defence organisations; – collective management organisations; – the Centre national du cinéma et de l’image animée. The authority may also act on the basis of information forwarded to it by the public prosecutor or on the basis…

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Article L331-20 of the French Intellectual Property Code

When facts likely to constitute a breach of the obligation defined in article L. 336-3 are brought to its attention, the Autorité de régulation de la communication audiovisuelle et numérique may send the subscriber, under its stamp and on its behalf, by electronic means and via the person whose activity is to offer access to online public communication services who has entered into a contract with the subscriber or by…

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Article L331-21 of the French Intellectual Property Code

Persons whose activity is to offer access to online public communication services shall include, in the contracts concluded with their subscribers, a clear and legible reference to the provisions of Article L. 336-3 and the measures that may be taken by the Autorité de Régulation de la Communication Audiovisuelle et Numérique. They shall also include, in the contracts concluded with their subscribers, the criminal and civil penalties incurred in the…

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Article L331-22 of the French Intellectual Property Code

The Autorité de Régulation de la Communication Audiovisuelle et Numérique may keep the technical data made available to it for as long as is necessary to exercise the powers conferred on it by this paragraph. The person whose activity is to offer access to online public communication services is required to inform the authority of the date on which it began the suspension; the authority shall proceed to delete the…

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Article L331-23 of the French Intellectual Property Code

Authorisation is granted for the creation, by the Autorité de Régulation de la Communication Audiovisuelle et Numérique, of automated processing of personal data relating to persons who are the subject of proceedings under this paragraph. The purpose of this processing is for the authority to implement the measures provided for in this paragraph, all related procedural acts and the procedures for informing professional defence bodies and collective management bodies of…

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Article L331-25 of the French Intellectual Property Code

I.-As part of the remit referred to in 1° of Article L. 331-12, the Autorité de régulation de la communication audiovisuelle et numérique (Audiovisual and Digital Communications Regulatory Authority) may publish a list of the names and actions of those online public communication services that have been the subject of a deliberation in which it has been found that these services have seriously and repeatedly infringed copyright or related rights….

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