French Intellectual Property Code
In forceThe reproduction and representation mentioned in the first paragraph of 7° of Article L. 122-5 are ensured, for non-profit purposes and to the extent required by the disability, under the following conditions:
1° Reproduction and representation are provided by legal entities or establishments appearing on a list drawn up jointly by the ministers responsible for culture and disabled persons. The list of these legal entities and establishments is drawn up in the light of their actual professional activity of designing, producing or communicating adapted documents for the benefit of the natural persons mentioned in 7° of the same Article L. 122-5 and by reference to their corporate purpose, the size of their membership or user base, the material and human resources at their disposal, the services they provide and the security measures they implement to prevent and prevent distribution, communication or provision to unauthorised persons ;
2° Reproduction and representation may also relate to any work whose digital file is deposited by the publisher, in a format facilitating the production of adapted documents, with the Bibliothèque nationale de France, which makes it available to the legal entities and establishments on the list mentioned in 1° of this article and approved for this purpose.
For the application of this 2°:
a) Approval is granted jointly by the ministers in charge of culture and disabled persons to those, among the legal entities and establishments mentioned in 1°, that present guarantees and capacities for securing and ensuring the confidentiality of the files likely to be made available to them and then transmitted by them to the persons benefiting from the reproduction or representation;
b) This deposit is compulsory for publishers:
with regard to school books, for those whose legal deposit or publication in the form of a digital book, within the meaning of Law no. 2011-590 of 26 May 2011 relating to the price of digital books, are after 1 January 2016, no later than the day on which they are made available to the public ;
-for other works, at the request of one of the legal entities and establishments mentioned in the same 1° made within ten years of the legal deposit of printed works when this is after 4 August 2006 or as soon as works are published in digital book form, within the meaning of the aforementioned Act no. 2011-590 of 26 May 2011;
c) The Minister responsible for culture draws up the list of formats mentioned in the first paragraph of this 2°, after consulting the Bibliothèque nationale de France, the legal entities and establishments mentioned in this 2° and the representative organisations of copyright holders and disabled people concerned;
d) The Bibliothèque nationale de France keeps the files submitted by publishers for an unlimited period of time. It guarantees the confidentiality of these files and the security of their access;
e) The legal entities and establishments approved pursuant to the first paragraph of this 2° destroy the files made available to them once the work of designing, producing and communicating adapted documents for the benefit of the natural persons mentioned in 7° of Article L. 122-5 has been completed;
f) The files of adapted documents in digital form are transmitted to the Bibliothèque nationale de France by the legal entities and establishments mentioned in 1° of this article that produced them. The Bibliothèque nationale de France makes them available to other legal entities and institutions. It selects the files it keeps. It reports on this selection and conservation activity in an annual report that is made public;
g) The provision of adapted documents is authorised between the legal entities and establishments mentioned in the same 1°.
The procedures for applying this article, in particular the procedures for drawing up the list mentioned in the said 1° and the approval provided for in the present 2°, the characteristics of the school books mentioned in b of the same 2°, the criteria for the selection provided for in f of the said 2° as well as the conditions of access to the digital files mentioned in the first paragraph and in f of the same 2° are specified by decree in the Conseil d'Etat.
