France has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in L.122-5(12.º) and L.211-3(3.º)(e) of the Code of Intellectual Property. The national exception is much more restrictive than the EU exception.

Implementation summary:

France has two exceptions for reproductions and communications to the public that take place under the responsibility of an educational establishment for purposes of illustration for teaching, examinations and competitions, one applicable to works (L.122-5(12.º)) and another applicable to other subject matter protected by related rights (L.211-3(3.º)(e)). These exceptions are subject to compensation and to license availability.

Implementation details:

Beneficiaries:

  • anyone under the responsibility of an educational institution in its premises or in other places, for an audience composed mainly of pupils, students or teachers directly concerned by the act of teaching or training requiring this representation or reproduction, or by means of a secure digital environment accessible only to pupils, students and teaching staff of this establishment

Purposes:

  • illustration in the context of education and professional training, including apprenticeship, with non-commercial purposes
  • for the development and distribution of subjects for examinations or competition organized as an extension of the teaching (excluding any activity for recreational purposes), with non-commercial purposes

Usage:

  • reproduction
  • communication to the public ("representation")

Subject Matter:

  • works, excluding those designed for educational purposes and sheet music in non-digital form
  • performances, excluding those designed for educational purposes
  • recordings, excluding those designed for educational purposes
  • film fixations, excluding those designed for educational purposes
  • broadcasts, excluding those designed for educational purposes
  • press publication, excluding those designed for educational purposes

Compensation:

  • subject to compensation negotiated on a fixed basis

Other Conditions:

  • quantity limitations: extracts, to the extent justified by the purpose
  • license availability: do not apply to acts of reproduction and representation in digital form when adequate licenses authorize these acts for illustration purposes in the context of education and professional training and meet to the needs and specificities of the establishments are offered in a visible manner to the educational establishments
  • technical limitations: by means of a secure digital environment accessible only to pupils, students and teaching staff of this establishment

Introduced/last updated: 30 June 2022