Legislative part

The exploitation right belonging to the author includes the right of representation and the right of reproduction.

Performance consists in the communication of the work to the public by any process, and in particular: 1° By public recitation, lyrical performance, dramatic representation, public presentation, public projection and transmission in a public place of the work televised; 2° By television broadcasting. Television broadcasting means the dissemination by any telecommunication process of sounds, images, documents, data and messages of any kind. The transmission of a work to a satellite…

The performance right in a work broadcast by satellite is governed by the provisions of this code whenever the work is transmitted to the satellite from the national territory.

Also governed by the provisions of this code is the performance right in a work broadcast by satellite from the territory of a non-EU Member State that does not provide a level of copyright protection equivalent to that guaranteed by this code: 1° Where the uplink to the satellite is made from a station located on national territory. The rights provided for by this code may then be exercised against…

I.- The provisions of this code also govern the right of performance of a work incorporated into a programme mentioned in II on an ancillary online service broadcast cross-border by a broadcasting organisation with its main establishment on national territory, or under its control and responsibility, as well as the reproduction right necessary for this performance. Such acts of performance and reproduction shall be deemed to take place solely on…

A single act of representation constitutes the process by which, for the purpose of representation to the public, a broadcasting organisation, from the national territory or the territory of another Member State of the European Union, transmits its programme-carrying signals, in such a way that they are not accessible to the public during that transmission, to a signal distributor which transmits those programme-carrying signals to the public. Under this single…

Reproduction consists in the material fixing of the work by any process that enables it to be communicated to the public in an indirect manner. It may be carried out in particular by printing, drawing, engraving, photography, moulding and any process of the graphic and plastic arts, mechanical, cinematographic or magnetic recording. For works of architecture, reproduction also consists in the repeated execution of a plan or a standard project.

Once the first sale of one or more physical copies of a work has been authorised by the author or his successors in title on the territory of a Member State of the European Community or another State party to the Agreement on the European Economic Area, the sale of these copies of this work may no longer be prohibited in the Member States of the European Community and the…

Any representation or reproduction in whole or in part made without the consent of the author or his successors in title or assigns is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.

When the work has been disclosed, the author may not prohibit: 1° Private and free representations made exclusively within a family circle; 2° Copies or reproductions made from a lawful source and strictly reserved for the private use of the copier and not intended for collective use, with the exception of copies of works of art intended to be used for purposes identical to those for which the original work…