French Intellectual Property Code
In forceI.-In application of 13° of article L. 122-5 and subject to II of this article, libraries accessible to the public, museums, archive services or institutions holding film, audiovisual or sound heritage may represent and reproduce an unavailable work, within the meaning of article L. 138-1, which is permanently held in their collections, provided that the purpose of such representation and reproduction is to make the work available on a non-commercial online public communication service and that the author's name is clearly indicated.
The institutions referred to in the previous paragraph shall, without delay and at least six months before the work is made available to the public, send the European Union Intellectual Property Office information for the purpose of identifying the work concerned, information concerning the opposition procedures and information concerning the territories covered and the intended uses. This information is entered by the institution concerned on the portal set up by that office for that purpose.
The acts of cross-border representation and reproduction within the European Union, meeting the conditions mentioned in the first paragraph of this I, are deemed to take place solely on the territory of the State where the cultural heritage institution is established.
The author of an unavailable work may object to it being exploited under the conditions mentioned in the first paragraph of this I. This objection may be notified at any time to the institutions concerned. Where opposition is expressed after the acts of exploitation have been carried out, exploitation must cease with regard to the author as soon as possible and at the latest within three months of this notification.
II.-The provisions of I do not apply to the types of unavailable works for which a collective management organisation approved by the minister responsible for culture may authorise the acts of exploitation mentioned in its first paragraph under the conditions mentioned in the article L. 138-2, including in the absence of an agreement on the terms and conditions of the contract referred to in this article.
