France has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Article L122-5, 6° of the Intellectual Property Code. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the temporary reproduction having transitory or accessory nature, when it is an integral and essential part of a technological process and it has the sole purpose to allow the lawful use of the work or its transmission between parties by way of a network using an intermediary; however, this temporary reproduction which can only relate to works other than software and databases may not have its own economic value.
Implementation details:
Beneficiaries:
- intermediaries (transmission by way of a network)
- any user (other lawful uses)
Purposes:
- transmission by way of a network using an intermediary
- other lawful uses
Usage:
- temporary reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- press publications
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- the reproductions must be of transitory or accessory nature
- the reproductions must be an integral and essential part of a technological process
- the reproduction must have no own economic value
Introduced/last updated: 01 July 2006
Remarks: The exception extends to all related rights under art. L. 211-3, 5° IPC. Software and databases are expressly excluded from the scope of the exception.
