French Intellectual Property Code
In forceI.-In application of 12° of article L. 122-5, and subject to the provisions of II and III of this article, the performance or reproduction of extracts of works may be made without the authors' authorisation for the exclusive purpose of illustration in the context of teaching and vocational training, including apprenticeships, and for the preparation and distribution of examination or competition papers organised as an extension of teaching, to the exclusion of any activity for recreational purposes and to the extent justified by the non-commercial purpose pursued.
This representation or reproduction takes place under the responsibility of an educational establishment:
-on its premises or in other places, for an audience consisting 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.
Where the acts of representation and reproduction are carried out by means of a digital environment in a cross-border context within the European Union, they are deemed to take place solely on the territory of the State in which the establishment is established.
The acts of performance or reproduction of extracts of works referred to in this I shall be compensated by remuneration negotiated on a flat-rate basis.
II.-The provisions of I do not apply to acts of reproduction and representation in digital form where appropriate licences authorising these acts for purposes of illustration in the context of teaching and vocational training and meeting the needs and specific characteristics of the establishments are offered in a visible manner to the teaching establishments. A decree in the Conseil d'Etat will define the conditions for visibility of the proposals and set the list of establishments for which the proposal is sent to the competent ministers.
The conditions for granting the licences mentioned in the previous paragraph are based on objective and transparent criteria. The amount of remuneration requested in return for these licences shall be reasonable.
Under the conditions provided for in articles L. 324-8-1 à L. 324-8-6, appropriate licences issued by an approved collective management organisation may be extended to rightholders who are not members of this organisation by order of the minister responsible for culture.
III.-The provisions of I do not apply to acts of reproduction and representation in a form other than digital of works conceived for educational purposes and music scores.
IV.-The provisions of this article do not apply to the transfer of the reprographic reproduction right referred to in article L. 122-10.
