France has implemented the Use for the purpose of research or private study (Art. 5.3(n) InfoSoc) exception in Article L122-5, 8° of the Intellectual Property Code. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for reproduction of a work and its representation in order to preserve the conditions of its consultation for the purpose of research or private study by individuals, in the premises of the institution and on dedicated terminals in publicly accessible libraries, museums or archive services, provided that they do not pursue any economic or commercial advantage.
Implementation details:
Beneficiaries:
- publicly accessible libraries, museums or archive services
Purposes:
- consultation for the purpose of research or private study by individuals
Usage:
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- press publications
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- works used must be already disclosed
Introduced/last updated: 01 July 2006
Remarks: In France the exceptions under art.5.2.c and 5.3.n. of the InfoSoc directive share one provision. The exception extends to all related rights under art. 211-3, 7° IPC.
