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Article L218-4 of the French Intellectual Property Code

The remuneration due in respect of related rights for the reproduction and communication to the public of press publications in digital form is based on the revenues from exploitation of any kind, direct or indirect or, failing that, assessed on a flat-rate basis, in particular in the cases provided for in Article L. 131-4. Fixing the amount of this remuneration takes into account factors such as the human, material and…

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Article L218-5 of the French Intellectual Property Code

I.-Professional journalists or journalists treated as such, within the meaning of articles L. 7111-3 to L. 7111-5 of the Labour Code, and other authors of works included in the press publications referred to in Article L. 218-1 of this Code are entitled to an appropriate and equitable share of the remuneration referred to in Article L. 218-4. This share and the arrangements for its distribution among the authors concerned are…

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Article L219-1 of the French Intellectual Property Code

Articles L. 219-2 to L. 219-4 apply to any service qualified as a provider of an online content sharing service within the meaning of article L. 137-1. The provisions set out in III of Article L. 219-2 do not apply to online public communication services whose purpose is to infringe copyright and related rights.

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Article L219-2 of the French Intellectual Property Code

I.-By providing access to objects protected by a related right uploaded by its users, the provider of an online content sharing service performs an act of exploitation that falls within the scope of the right of communication to the public or the broadcasting right of the holders of related rights mentioned in this title. The provider of an online content sharing service must obtain authorisation for this act of exploitation…

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Article L219-3 of the French Intellectual Property Code

I.-The provider of an online content sharing service shall provide, at the request of holders of related rights, relevant and precise information on the type and operation of the measures taken by it for the application of III of Article L. 219-2. 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…

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Article L219-4 of the French Intellectual Property Code

I.-The provisions of this chapter may not preclude the free use of protected subject matter 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 related rights provided for in this code. II. II.-The provider of an online…

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Article L311-1 of the French Intellectual Property Code

Authors and performers of works fixed on phonograms or videograms, as well as the producers of such phonograms or videograms, shall be entitled to remuneration in respect of the reproduction of the said works, made from a lawful source under the conditions mentioned in 2° of Article L. 122-5 and 2° of Article L. 211-3. This remuneration is also due to authors and publishers of works fixed on any other…

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Article L311-2 of the French Intellectual Property Code

Subject to international conventions, the right to remuneration mentioned in article L. 214-1 and the first paragraph of article L. 311-1 is divided between authors, performers and producers of phonograms or videograms for phonograms and videograms fixed for the first time in a Member State of the European Community.

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