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Article L336-1 of the French Intellectual Property Code

Where software is primarily used for the unlawful making available of works or objects protected by a literary and artistic property right, the president of the judicial court, ruling in summary proceedings, may order under penalty any measures necessary for the protection of that right and in accordance with the state of the art. The measures thus ordered may not have the effect of distorting the essential characteristics or the…

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Article L336-2 of the French Intellectual Property Code

In the event of an infringement of copyright or a related right caused by the content of an online public communication service, the president of the judicial court ruling under the accelerated procedure on the merits may order, at the request of the holders of rights in the protected works and objects, their successors in title, collective management bodies governed by Title II of Book III or professional defence bodies…

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Article L336-3 of the French Intellectual Property Code

The person holding access to online public communication services has an obligation to ensure that this access is not used for the purposes of reproduction, representation, making available or communication to the public of works or objects protected by copyright or by a related right without the authorisation of the holders of the rights provided for in Books I and II where this is required. The failure of the person…

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Article L336-4 of the French Intellectual Property Code

The essential characteristics of the authorised use of a work or protected object, made available by an online public communication service, are brought to the attention of the user in an easily accessible manner, in accordance with article L. 331-10 of this code and to article L. 111-1 of the Consumer Code.

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Article L341-1 of the French Intellectual Property Code

The producer of a database, understood as the person who takes the initiative and the risk of the corresponding investments, benefits from protection of the contents of the database when the constitution, verification or presentation of the latter attests to a substantial financial, material or human investment. This protection is independent and is exercised without prejudice to those resulting from copyright or another right in the database or one of…

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Article L341-2 of the French Intellectual Property Code

The following shall be eligible for the benefit of this Title: 1° Database producers who are nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area, or who have their habitual residence in such a State; 2° Companies or undertakings formed in accordance with the legislation of a Member State and having their registered office, central administration or…

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Article L342-1 of the French Intellectual Property Code

The database producer has the right to prohibit: 1° Extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of a database to another medium, by any means and in any form whatsoever; 2° Reuse, by making all or a qualitatively or quantitatively substantial part of the contents of the database available to the public, in any form whatsoever. These rights may…

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Article L342-3 of the French Intellectual Property Code

When a database is made available to the public by the rightholder, the rightholder may not prohibit: 1° The extraction or re-utilisation of a non-substantial part, assessed qualitatively or quantitatively, of the content of the database, by the person who lawfully has access to it; 2° The extraction for private purposes of a qualitatively or quantitatively substantial part of the contents of a non-electronic database subject to respect for copyright…

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Article L342-3-1 of the French Intellectual Property Code

Effective technical measures within the meaning of Article L. 331-5 which are capable of preventing or limiting the uses of a database that the producer has not authorised pursuant to Article L. 342-1 benefit from the protection provided by Article L. 335-4-1. Database producers who make use of the technical protection measures referred to in the first paragraph shall, however, take appropriate steps to ensure that their implementation does not…

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