Legislative part

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…

The benefit of the private copy exception and the exceptions mentioned in 2° of Article L. 331-28 is guaranteed by the provisions of the articles L. 331-7 to L. 331-10, L. 331-30 to L. 331-32 and L. 331-34.

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…

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°…

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…