Section 1: Scope of application

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Article L137-1

French Intellectual Property CodeIn force

Updated 8 Nov 2023

For the purposes of Articles L. 137-2 to L. 137-4, a person who provides an online public communication service whose main purpose, or one of whose main purposes, is to store and give the public access to a large quantity of works or other protected objects uploaded by its users, which the service provider organises and promotes with a view to making a direct or indirect profit, is qualified as a provider of an online content sharing service.

This definition does not include not-for-profit online encyclopaedias, not-for-profit educational and scientific directories, platforms for developing and sharing free software, providers of electronic communications services within the meaning of Directive (EU) 2018/1972 of 11 December 2018 establishing the European Electronic Communications Code, providers of online marketplaces, business-to-business cloud services and cloud services that allow users to upload content for their strictly personal use.

The provisions set out in III of Article L. 137-2 do not apply to online public communication services whose purpose is to infringe copyright and related rights.

The evaluation of the large amount of content uploaded to the Internet is based on a number of criteria. Assessment of the significant quantity of protected works and subject-matter referred to in the first paragraph shall take account in particular of the number of files of protected content uploaded by users of the service, the type of works uploaded and the audience for the service. The terms of application of this paragraph are defined by decree in the Conseil d'Etat.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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