Chapter II: Scope of protection

When a database is made available to the public by the rightholder, the rightholder may not prohibit:

1° The extraction or re-utilisation of a non-substantial part, assessed qualitatively or quantitatively, of the content of the database, by the person who lawfully has access to it;

2° The extraction for private purposes of a qualitatively or quantitatively substantial part of the contents of a non-electronic database subject to respect for copyright or related rights in the works or elements incorporated in the database;

3° The extraction and re-use of a database under the conditions defined in 7° of Article L. 122-5, in 1° of Article L. 122-5-1 and Article L. 122-5-2 ;

4° The extraction and re-use of a substantial part, assessed qualitatively or quantitatively, of the content of the database, with the exception of databases designed for educational purposes and databases created for a digital edition of the written word, for the exclusive purpose of illustration in the context of research, to the exclusion of any entertainment or recreational activity, provided that the audience for which such extraction and re-use is intended consists mainly of researchers directly concerned, that the source is indicated, that the use of such extraction and re-use does not give rise to any commercial exploitation and that it is compensated by remuneration negotiated on a flat-rate basis ;

4° bis The extraction and re-use of a substantial part, assessed qualitatively or quantitatively, of the content of the database for the exclusive purpose of illustration in the context of education and vocational training, under the conditions set out in article L. 122-5-4. For the application of this article, the author means the beneficiary of the rights and the representation and reproduction of extracts of works means the extraction and re-use of a substantial part of a database;

5° The extraction and re-use of a database under the conditions defined in 8° of article L. 122-5;

6° Digital extractions, copies or reproductions of a database, with a view to searching texts and data under the conditions set out in article L. 122-5-3. For the purposes of this article, authors and copyright holders are understood to mean database producers and digital copies or reproductions of works are understood to mean extractions, copies or digital reproductions of databases;

7° The extraction and re-utilisation of a database under the conditions defined in 13° of Article L. 122-5.

Any clause contrary to 1° or 6° above is null and void.

The exceptions listed by this article may not interfere with the normal exploitation of the database or cause unjustified prejudice to the legitimate interests of the producer of the database.

The terms of application of this article are specified by decree in the Conseil d'Etat.