FranceCPI Article L122-5 3°, Quotation and Press-Review Exception
Code de la propriete intellectuelle, art. L122-5 3°
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived 2024. Publisher's page: https://www.legifrance.gouv.fr/codes/section_lc/LEGITEXT000006069414/LEGISCTA000006161637/In force.
A snippet reproduction rule binding public and private bodies.
- Instrument type
- an act of a legislature
What it requires
- 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.
These lines are LexLint's reading of the law's text. Also read by: Case C-516/17 Spiegel Online GmbH v Volker Beck, judgment of (Grand Chamber) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0516
- Case citation
- Case C-516/17 Spiegel Online GmbH v Volker Beck, judgment of (Grand Chamber)
- Open questions
- Does a news aggregator's display of an article's headline and an extract fall within the 'courtes citations justifiées par le caractère ... d'information de l'oeuvre à laquelle elles sont incorporées' of Article L122-5 3° a) CPI, or within the 'revues de presse' of 3° b), when it adds no analysis of its own?
What this law does
Once a work has been disclosed, its author cannot prohibit, provided the author's name and source are clearly indicated, analyses and short quotations justified by the critical, polemical, pedagogical, scientific, or informational character of the work into which they are incorporated, or press reviews, per Article L122-5 3°(a) and (b).
This general exception is not scoped to news aggregation specifically and is not conditioned on the 2019 neighbouring right created at Articles L218-1 to L218-5; it predates that right and continues to apply alongside it. No source stating the day this exception came into force has been located.
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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