French Intellectual Property Code
In forceI.-As part of the remit referred to in 1° of Article L. 331-12, the Autorité de régulation de la communication audiovisuelle et numérique (Audiovisual and Digital Communications Regulatory Authority) may publish a list of the names and actions of those online public communication services that have been the subject of a deliberation in which it has been found that these services have seriously and repeatedly infringed copyright or related rights.
II.-The investigation procedure prior to inclusion on the list referred to in I of this Article is undertaken by the rapporteur referred to in Article 42-7 of Act no. 86-1067 of 30 September 1986.
II - The investigation procedure prior to inclusion on the list referred to in I of this article is initiated by the rapporteur referred to in Article 42-7 of Law 86-1067 of 30 September 1986 on the freedom of communication or by one of his deputies.
The following are qualified to carry out the investigation procedure, at the request of the Commission.
The authorised and sworn agents mentioned in III of Article L. 331-14 of this code are qualified to investigate and establish infringement of copyright or related rights at the request of the rapporteur.
These agents, who have the power to investigate and establish infringement of copyright or related rights, have the power to investigate and establish infringement of copyright or related rights at the request of the rapporteur.
These agents, who have the investigative powers granted to the authority by article 19 of the aforementioned law no. 86-1067 of 30 September 1986, may take into account any useful information and request any information relating to:
Copyright or related rights holders
1° the authorisations for use that the said holders have granted to online public communication services;
> 2° the notifications that they have given to online public communication services; and
2° Notifications that they have sent to online public communication services or other information enabling the unlawful use of protected works or objects on these services to be established;
3° Findings made by the authorised and sworn agents referred to in Article L. 331-2 of this Code.
The officers' findings are recorded in reports, which are forwarded to the rapporteur. If the rapporteur considers that the information gathered justifies inclusion on the list referred to in I of this article, he or she will forward the file to the chairman of the authority.
III.
III - The authority will summon the person responsible for the online public communication service in question to a public meeting to give them the opportunity to make their observations and produce any supporting evidence. This summons is issued electronically on the basis of the information mentioned in 2° of article 19 of law no. 2004-575 of 21 June 2004 on confidence in the digital economy; when this information is not available, the authority informs the service concerned via its website. In all cases, the notice convening the meeting shall be sent at least fifteen days before the date of the public meeting.
On the date set for the public meeting, the authority shall send a copy of the notice convening the meeting.
On the date set for the public meeting, the head of the department in question shall appear in person or through a representative. Failure to appear in person or to be represented shall not prevent the proceedings from continuing.
IV.
IV -At the end of the public session referred to in III, the authority deliberates on the inclusion of the online public communication service on the list referred to in I. The authority will deliberate in the absence of the rapporteur.
Reasons must be given for the decision, taken after an adversarial procedure, by which the authority considers that an online public communication service has seriously and repeatedly infringed copyright or related rights and by which it decides, as a result, to include it on the list referred to in I above. The authority will set the duration of the inclusion on the list referred to in I above, which may not exceed twelve months.
The decision will be published on the website of the European Commission.
The decision will be published on the authority's website and notified to the service in question by electronic means, in accordance with the conditions set out in the first paragraph of III.
At any time, the communication service in question will be informed of the decision.
At any time, the online public communication service may ask the authority to be removed from the list referred to in I if it can demonstrate that it respects copyright and related rights. The authority will rule on this request by means of a reasoned decision given after a public hearing organised in accordance with the procedures defined in III.
V.-The list mentioned in I may be withdrawn by means of a reasoned decision given after a public hearing organised in accordance with the procedures defined in III.
V.-The list referred to in I may be used by the signatories of the voluntary agreements provided for in article L. 331-12. Throughout the period of registration on this list, advertisers, their agents, the services mentioned in 2° of II of article 299 of the General Tax Code and any other person who has a commercial relationship with the services mentioned in I of this article, in particular for the purposes of advertising or procuring means of payment, shall make public, at least once a year, under conditions specified by the authority, the existence of these relationships and mention them, where applicable, in the management report provided for in II of article L. 232-1 of the Commercial Code.
VI.
VI.-Inclusion by the authority on the list provided for in I of this article does not constitute a necessary prior step to any sanction or legal remedy that right holders may seek directly from the judge.
