FranceCPI Articles L218-1 to L218-5, Press Publisher and News Agency Neighbouring Right
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
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/LEGISCTA000038826677/In force since .
A press publishers' right rule binding private bodies.
- Instrument type
- an act of a legislature
What it requires
- 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).NIST AI RMFMAP 4.1
- 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).no control in the NIST AI RMF
- The publisher may assign or license the right, including through a collective-management body (Art. L218-3).
These lines are LexLint's reading of the law's text. Also read by: Autorité de la concurrence (guidance, 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, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.autoritedelaconcurrence.fr/fr/entityprint/pdf/node/6989
- Guidance body
- Autorité de la concurrence
- Open questions
- Does the remuneration base of Article L218-4 CPI, 'les recettes de l'exploitation de toute nature, directes ou indirectes', include advertising revenue that an online service earns beside results showing press content, and not only revenue earned from the press content itself?
- Does the training of an LLM-based chatbot on press publications, or the display of their content in its responses, count as 'reproduction ou communication au public totale ou partielle' of a press publication 'par un service de communication au public en ligne' in Article L218-2 CPI, the questions referred to the Court of Justice in Case C-250/25?
What this law does
A press publication, defined at Article L218-1 as a collection composed mainly of literary works of a journalistic nature, which may also include other protected works such as photographs or video, requires the authorization of the press publisher or news agency before any total or partial reproduction or communication to the public of that publication in digital form by an online public communication service, per Article L218-2.
Article L218-3 lets the publisher assign the right or license it, including through a collective-management body. Article L218-4 bases the remuneration owed on revenue from the exploitation of the publication of every kind, direct or indirect, or a flat assessment where that cannot be established. Article L218-5 entitles professional journalists and other authors whose work appears in the covered publications to an appropriate and fair share of that remuneration.
The law applies three months after its promulgation of , and it does not apply to press publications first published before the entry into force of the Digital Single Market Copyright Directive (Article 14 of the law).
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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