French Intellectual Property Code
In forceWhen 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 was created and copies of software other than the backup copy established under the conditions provided for in II of Article L. 122-6-1 as well as copies or reproductions of an electronic database;
3° Provided that the name of the author and the source are clearly indicated:
a) Analyses and short quotations justified by the critical, polemical, educational, scientific or informative nature of the work in which they are incorporated;
b) Press reviews;
c) Broadcasting, even in full, via the press or television, as news information, of speeches intended for the public delivered in political, administrative, judicial or academic assemblies, as well as in public meetings of a political nature and official ceremonies;
d) Reproductions, in full or in part, of graphic or plastic works of art intended for inclusion in the catalogue of a judicial sale held in France for copies made available to the public prior to the sale for the sole purpose of describing the works of art offered for sale ;
e) The performance or reproduction of extracts from works, with the exception of works designed for educational purposes and musical scores, for the sole purpose of illustration in the context of research, provided that such performance or reproduction is intended, in particular by means of a digital workspace, for an audience consisting mainly of researchers directly concerned by the research activity requiring such performance or reproduction, that it is not published or distributed to a third party to the public thus constituted, that the use of this representation or reproduction does not give rise to any commercial exploitation and that it is compensated by remuneration negotiated on a flat-rate basis without prejudice to the transfer of the reprographic reproduction right mentioned in article L. 122-10 ;
4° Parody, pastiche and caricature, taking into account the laws of the genre;
5° Acts necessary for access to the content of an electronic database for the needs and within the limits of the use provided for by contract;
6° Provisional reproduction of a transitory or accessory nature, where it is an integral and essential part of a technical process and its sole purpose is to enable lawful use of the work or its transmission between third parties via a network using an intermediary; however, such provisional reproduction, which may only relate to works other than software and databases, must not have any economic value of its own;
7° Under the conditions provided for in articles L. 122-5-1 and L. 122-5-2, reproduction and representation by legal entities and by establishments open to the public, such as libraries, archives, documentation centres and multimedia cultural spaces, with a view to strictly personal consultation of the work by persons suffering from one or more impairments of motor, physical, sensory, mental, cognitive or psychological functions and prevented, as a result of these impairments, from accessing the work in the form in which the author makes it available to the public ;
These impeded persons may also, with a view to a strictly personal consultation of the work, carry out, by themselves or through the intermediary of a natural person acting on their behalf, acts of reproduction and representation ;
8° The reproduction of a work and its representation made for conservation purposes or intended to preserve the conditions of its consultation for research or private study by private individuals, on the premises of the establishment and on dedicated terminals by libraries accessible to the public, by museums or by archive services, provided that they are not seeking any economic or commercial advantage ;
9° The reproduction or representation, in whole or in part, of a graphic, plastic or architectural work of art, by means of the written, audiovisual or online press, for the exclusive purpose of immediate information and in direct relation to the latter, provided that the name of the author is clearly indicated.
The first paragraph of this 9° does not apply to works, in particular photographic or illustrative works, which are themselves intended to report information;
10° Digital copies or reproductions of a work with a view to text and data mining carried out under the conditions provided for in Article L. 122-5-3;
11° Reproductions and representations of architectural works and sculptures, permanently placed on the public highway, made by natural persons, excluding any use of a commercial nature.
Reproductions or representations which, in particular by their number or format, would not be in strict proportion to the exclusive purpose of immediate information pursued or which would not be directly related to the latter shall give rise to remuneration of the authors on the basis of the agreements or tariffs in force in the professional sectors concerned.
12° The reproduction, use and marketing of parts intended to restore the initial appearance of a motor vehicle or trailer, within the meaning of Article L. 110-1 of the Highway Code;
12° The representation or reproduction of extracts from works for the exclusive purpose of illustration in the context of education and vocational training, under the conditions provided for in article L. 122-5-4;
13° The representation and reproduction of an unavailable work within the meaning of article L. 138-1, under the conditions provided for in article L. 122-5-5.
The exceptions listed by this article may not conflict with a normal exploitation of the work or cause unjustified prejudice to the legitimate interests of the author.
The terms of application of this article, in particular the characteristics and conditions of distribution of the documents mentioned in d of 3°, are specified by decree in the Conseil d'Etat.
