To the extent strictly necessary for the fulfilment of a public service mission, the right to exploit a work created by a State employee in the performance of his duties or following instructions received is, from the moment of creation, transferred by operation of law to the State.
For the commercial exploitation of the work referred to in the first paragraph, the State only has a preferential right vis-à-vis the employee who is the author. This provision is not applicable in the case of the scientific research activities of a public scientific and technological establishment or a public scientific, cultural and professional establishment, where these activities are the subject of a contract with a legal entity governed by private law.