France has implemented the Reporting by the press on current events (Art. 5.3(c) 2nd part InfoSoc) exception in Article L122-5, 9° of the Intellectual Property Code. The national exception is much more restrictive than the EU exception.
Implementation summary:
This exception allows for the reproduction or representation, in whole or in part, of a work of graphic, plastic or architectural art, by written, audiovisual or online press, for the exclusive purpose of, and in direct relation to immediate information, insofar as the author’s name is clearly indicated. Works, in particular photographic or illustrative, which are themselves intended to account for information, do not fall under the scope of the exception. The reproductions or representations which, in particular by their number or their format, are not in strict proportion with the exclusive aim of immediate information pursued or which are not in direct relation with the latter give rise to remuneration of the authors on the basis of the agreements or tariffs in force in the professional sectors concerned.
Implementation details:
Beneficiaries:
- written, audiovisual or online press
Purposes:
- for the exclusive purpose of immediate information
Usage:
- reproduction
- representation
Subject Matter:
- work of graphic, plastic or architectural art (other than works which are themselves intended to account for information)
Compensation:
- no compensation required
Attribution:
- the author’s name must be clearly indicated
Other Conditions:
- use must be in direct relation to immediate information
Introduced/last updated: 01 July 1992
Remarks: The exception does not extend to related rights.
