French Intellectual Property Code
In forceI.-The provisions of this chapter may not preclude the free use of protected subject matter within the limits of the rights provided for in this code and those granted by the rightholders. In particular, they must not have the effect of depriving users of online content sharing service providers of the effective benefit of the exceptions to related rights provided for in this code.
II. II.-The provider of an online content sharing service shall make available to users of its service a system for appealing and handling complaints concerning the blocking or removal, resulting from the actions mentioned in III of Article L. 219-2, of protected objects uploaded by these users.
III.-The system mentioned in II.-above shall be accessible to all users of its service.
III.-The system mentioned in III.-above shall be accessible to all users of its service. III.-The mechanism referred to in II enables the online content sharing service provider to deal with the complaint quickly and efficiently, without undue delay. The holder of related rights who, following a complaint from a user, requests the continued blocking or removal of a protected object, shall duly justify his request. Decisions to block access to uploaded protected objects or to remove these protected objects taken in the context of complaint handling are subject to control by a natural person.
IV. IV -Without prejudice to their right to refer the matter to the courts, users or holders of related rights may refer the matter to the Autorité de régulation de la communication audiovisuelle et numérique (Audiovisual and Digital Communications Regulatory Authority) in the event of a dispute over the action taken by the service provider in response to the user's complaint. The Autorité de régulation de la communication audiovisuelle et numérique shall proceed in accordance with the provisions of Article L. 331-32. However, in the absence of conciliation within a period of one month from the date of referral, it has a period of two months from the date of referral to make its decision. Where justified by the urgency or nature of the case, the chairman of the authority may reduce these time limits. In the event of an injunction, it shall prescribe the appropriate measures to ensure the blocking or removal of a protected object that has been uploaded or the lifting of such a blocking or removal.
The appeal provided for in the last paragraph of Article L. 331-32 does not have suspensive effect.
A decree in the Conseil d'Etat shall specify the conditions of application of this IV.
V.- The Autorité de Régulation de la Communication Audiovisuelle et Numérique is not obliged to take action on abusive referrals, in particular those that are too numerous, repetitive or systematic.
VI.-For the purposes of the regulation of audiovisual and digital communication, the Autorité de Régulation de la Communication Audiovisuelle et Numérique is not obliged to take action on abusive referrals. VI.-For the purposes of user information, the provider of an online content sharing service shall include in its general terms and conditions of use adequate information on the exceptions and limitations to related rights provided for in this code and allowing for the lawful use of protected objects.
