Catalog / Reuses other publishers' content / LXD-1977

Reuses other publishers' content, in France

CPI Sui Generis Database Right, Producer's Right to Prohibit Extraction and Reutilizationsince 2 lines

Code de la propriete intellectuelle, art. L341-1 a L343-7 (Titre IV, Droits des producteurs de bases de donnees), created by loi n. 98-536 du 1er juillet 1998, transposing Directive 96/9/CE · Read the law's page

  • Do not extract or reutilize a qualitatively or quantitatively substantial part of a French database's content without the producer's authorization, where the producer shows a substantial investment in constituting, verifying, or presenting that content.
  • Repeated or systematic extraction or reutilization of insubstantial parts can still infringe where it amounts, in its cumulative effect, to extracting or reutilizing a substantial part.
CPI Articles L218-1 to L218-5, Press Publisher and News Agency Neighbouring Rightsince 4 lines

Code de la propriete intellectuelle, art. L218-1 a L218-5 (Livre II, Chapitre VIII, Droits des editeurs de presse et des agences de presse), created by loi n. 2019-775 du 24 juillet 2019 tendant a creer un droit voisin au profit des agences de presse et des editeurs de presse, art. 4 · Read the law's page

  • Applies to you if you are an online public communication service using a press publication, meaning a collection composed mainly of literary works of a journalistic nature, which may also include other protected works such as photographs or video (Art. L218-1).
  • Obtain the authorization of the press publisher or news agency before any total or partial reproduction or communication to the public of its press publication in digital form (Art. L218-2).
  • Pay the publisher remuneration calculated on revenue from every kind of direct or indirect exploitation of the publication, or a flat assessment where that revenue cannot be established (Art. L218-4).
  • The publisher may assign or license the right, including through a collective-management body (Art. L218-3).
CPI Article L122-5-3, Text and Data Mining Exceptionsince 4 lines

Code de la propriete intellectuelle, art. L122-5-3, created by ordonnance n. 2021-1518 du 24 novembre 2021, art. 1 · Read the law's page

  • Text and data mining means applying an automated analysis technique to digital text and data to extract information such as patterns, trends and correlations.
  • You may reproduce a lawfully accessed work for text and data mining, whatever its purpose, without the author's authorization, unless the author has appropriately objected, including by machine-readable means for content made available online (para. III).
  • Before mining, check for that objection; an indexing or training use that ignores a machine-readable opt-out falls outside the exception and requires authorization.
  • If you are a research organization, public-access library, museum, archive or film, audiovisual or sound heritage institution, or act on their behalf and at their request, you may reproduce a lawfully accessed work for text and data mining carried out solely for scientific research, without authorization (para. II).
LCEN Article 12 (rewritten by the SREN Law), Warnings and Blocking Orders against Online Services Built to Imitate Another Servicesince 5 lines

LCEN, art. 12 (loi n° 2004-575 du 21 juin 2004, as rewritten by loi n° 2024-449 du 21 mai 2024, art. 24) · Read the law's page

  • It binds a provider of an internet browser (within the meaning of point 11 of Article 2 of Regulation (EU) 2022/1925), an internet access provider, a domain name resolution system provider, and a search engine or directory, but only once the French administrative authority notifies or orders it about an online service that the authority has found manifestly designed to imitate another service's interface (Article 12 of the LCEN).
  • If you provide an internet browser and the authority notifies you of the address of such a service, display without delay a clear, legible, unique and understandable message warning the user of the risk of harm in accessing that address, with access to the official website that the implementing decree defines, and keep it for seven days from the notification (Article 12(I)).
  • If the authority orders you, as a browser provider, to do so, display without delay a message that warns users trying to reach the service, makes access depend on the user's explicit confirmation and lets the user reach the official website, for the period ordered, which is at most three months (Article 12(II)).
  • If you are an internet access provider or a domain name resolution system provider and the authority orders you to, take without delay every useful measure to prevent access to the address of the service for the period ordered, which is at most three months; the authority may extend the measure by up to six months and then by a further six months (Article 12(II)).
  • If you operate a search engine or a directory and the authority notifies you of such an address, take every useful measure to stop listing it (Article 12(II)).
CPI Article L122-5 3°, Quotation and Press-Review Exceptionin force4 lines

Code de la propriete intellectuelle, art. L122-5 3° · Read the law's page

  • You may include short quotations from a disclosed work, and analyses of it, without the author's permission where they are justified by the critical, polemical, pedagogical, scientific or informational character of the work into which they are incorporated (Art. L122-5 3°).
  • You may publish press reviews of a disclosed work without the author's permission.
  • Clearly indicate the author's name and the source in every case.
  • This exception is not scoped to news aggregation and is not conditioned on the 2019 neighbouring right in Articles L218-1 to L218-5; it predates that right and continues to apply alongside it.

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

Page updated .