France has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article L122-5, 2° of the Intellectual Property Code. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for the making of copies or reproductions from a lawful source, provided that they are strictly reserved for the private use of the copyist and not intended for collective use. The exception does not cover copies of works of art to be used for aims identical to those for which the original work was created and copies of software other than backup copies and copies or reproductions of an electronic database.
Implementation details:
Beneficiaries:
- any user
Purposes:
- private use of the copyist
Usage:
- reproduction
Subject Matter:
- works
- phonograms
- film fixations
- broadcasts
Compensation:
- compensation is due
Attribution:
- no attribution required
Other Conditions:
- works used must be from a lawful source
- works of art to be used for aims identical to those for which the original work was created, copies of software other than backup copies and copies, as well as reproductions of an electronic database are expressly excluded from the scope of the exception.
Introduced/last updated: 01 July 2006
Remarks: The exception extends to all related rights under art. 311-1 to 311-8 IPC.
