French Intellectual Property Code
In forceI. The acts provided for in 1° and 2° of Article L. 122-6 are not subject to authorisation by the author where they are necessary to enable the software to be used, in accordance with its intended purpose, by the person entitled to use it, including to correct errors.
However, the author is entitled to reserve by contract the right to correct errors and to determine the specific terms and conditions to which the acts provided for in 1° and 2° of Article L. 122-6, necessary to enable the software to be used, in accordance with its intended purpose, by the person having the right to use it, will be subject.
II. The person having the right to use the software may make a backup copy where this is necessary to preserve the use of the software.
III. The person having the right to use the software may, without the author's permission, observe, study or test the operation or security of that software in order to determine the ideas and principles underlying any element of the software when performing any operation of loading, displaying, executing, transmitting or storing the software that he or she is entitled to perform.
IV. Reproduction of the software code or translation of the form of this code is not subject to authorisation by the author when the reproduction or translation within the meaning of 1° or 2° of article L. 122-6 is essential to obtain the information necessary for the interoperability of independently created software with other software, provided that the following conditions are met:
1° These acts are performed by the person having the right to use a copy of the software or on his behalf by a person authorised for this purpose;
2° The information necessary for interoperability has not already been made easily and rapidly accessible to the persons mentioned in 1° above;
3° And these acts are limited to the parts of the original software necessary for this interoperability.
The information thus obtained may not be:
1° Neither used for purposes other than achieving the interoperability of the independently created software;
2° Nor communicated to third parties unless this is necessary for the interoperability of the independently created software;
3° Nor used for the development, production or marketing of software whose expression is substantially similar or for any other act infringing copyright.
V.-The acts mentioned in 1° of article L. 122-6 are not subject to authorisation by the author when they are carried out for the purposes and under the conditions mentioned in 8° of article L. 122-5.
VI -The acts mentioned in 1° and 2° of article L. 122-6 are not subject to authorisation by the author when they are carried out for the purposes and under the conditions mentioned in III of article L. 122-5-3.
VII -The acts mentioned in 1° and 2° of article L. 122-6 are not subject to authorisation by the author when they are carried out for the purposes and under the conditions mentioned in III of article L. 122-5-3.
VII.-The acts mentioned in Article L. 122-6 are not subject to authorisation by the author when they are carried out for the purposes and under the conditions mentioned in 12° and 13° of Article L. 122-5.
VIII. This Article may not be interpreted as permitting interference with a normal exploitation of the software or as causing unjustified prejudice to the legitimate interests of the author.
Any stipulation contrary to the provisions of II, III and IV of this Article is null and void.
