When the diligent, proven and serious searches mentioned in Article L. 135-3 have made it possible to identify and locate the holder or holders of the rights in a work, the work ceases to be orphan. When a work has more than one rightholder and it has not been possible to identify and locate all the rightholders, the use of the work provided for in article L. 135-2 is subject…
When a holder of rights in an orphan work justifies his rights to an organisation mentioned in article L. 135-3, the latter may only continue to use the work with the authorisation of the rightholder. The organisation shall pay the rightholder fair compensation for the loss suffered by the rightholder as a result of this use. This compensation is fixed by agreement between the organisation and the rightholder. It may…
A decree in the Council of State shall define the procedures for applying this chapter, in particular the appropriate sources of information for each category of works that must be consulted for the searches provided for in 1° of Article L. 135-3.
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.
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…
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…
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…
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…
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…
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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is a Registered Trademark of
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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