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Article L331-1-3 of the French Intellectual Property Code

In fixing the damages, the court shall take into account separately: 1° The negative economic consequences of the infringement of rights, including the loss of profit and loss suffered by the injured party; 2° The non-material damage caused to the injured party; 3° And the profits made by the infringer, including the savings in intellectual, material and promotional investment that the infringer has derived from the infringement of rights. However,…

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Article L331-1-4 of the French Intellectual Property Code

In the event of a civil conviction for infringement, infringement of a right related to copyright or the rights of the producer of databases, the court may order, at the request of the injured party, that the objects made or manufactured infringing these rights, the media used to collect the data illegally extracted from the database and the materials or instruments that were mainly used to make or manufacture them…

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Article L331-2 of the French Intellectual Property Code

In addition to the reports of officers or agents of the judicial police, proof of the materiality of any infringement of the provisions of Books I, II and III of this code may result from the findings of sworn agents appointed as appropriate by the Centre national du cinéma et de l’image animée, by the professional defence bodies referred to in Article L. 331-1 and by the collective management bodies…

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Article L331-3 of the French Intellectual Property Code

The Centre national du cinéma et de l’image animée may lodge a complaint and bring a civil action before the examining magistrate in respect of acts constituting the offence of counterfeiting, within the meaning of Article L. 335-3 of this code, of audiovisual works that are prejudicial to the resources allocated to it under Articles L. 115-1 to L. 116-5 of the Code du cinéma et de l’image animée (French…

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Article L331-5 of the French Intellectual Property Code

Effective technological measures intended to prevent or limit uses not authorised by the holders of a copyright or a right related to copyright in a work, other than software, a performance, a phonogram, a videogram, a programme or a press publication are protected under the conditions provided for in this title. Technological measure within the meaning of the first paragraph means any technology, device or component which, in the normal…

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Article L331-7 of the French Intellectual Property Code

Rights holders who use the technical protection measures defined in Article L. 331-5 may set them the objective of limiting the number of copies. However, they shall take appropriate measures to ensure that their implementation does not deprive the beneficiaries of the exceptions referred to in 2° of Article L. 331-28 of their effective exercise. They shall endeavour to define these measures in consultation with approved consumer associations and other…

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Article L331-8 of the French Intellectual Property Code

Right holders are not, however, obliged to take the measures set out in Article L. 331-7 where the work or other subject-matter protected by a neighbouring right is made available to the public under contractual arrangements agreed between the parties, so that everyone can access it from the place and at the time they choose. The first paragraph is not applicable to the exceptions defined: -in 8°, 10° and 12°…

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Article L331-9 of the French Intellectual Property Code

Television service publishers and distributors may not use technical measures that would have the effect of depriving the public of the benefit of the private copy exception, including on a medium and in a digital format, under the conditions mentioned in 2° of Article L. 122-5 and 2° of article L. 211-3. The Autorité de régulation de la communication audiovisuelle et numérique shall ensure compliance with the obligations of the…

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