Chapter I: General provisions

Articles in this section · 9

Article L211-3

French Intellectual Property CodeIn force

Updated 8 Nov 2023

The beneficiaries of the rights opened up by this title may not prohibit:

1° Private and free representations made exclusively within a family circle;

2° Reproductions made from a lawful source, strictly reserved for the private use of the person making them and not intended for collective use;

3° Subject to sufficient elements identifying the source:

a) Analyses and short quotations justified by the critical, polemical, educational, scientific or informational nature of the work in which they are incorporated;

b) Press reviews;

c) The broadcast, even in full, as news information, of speeches intended for the public in political, administrative, judicial or academic assemblies, as well as in public meetings of a political nature and official ceremonies ;

d) The communication to the public or reproduction of extracts of objects protected by a neighbouring right, with the exception of objects designed for educational purposes, for the exclusive purpose of illustration in the context of research, to the exclusion of any entertainment or recreational activity, provided that the audience for which such communication or reproduction is intended consists mainly of researchers directly concerned, that the use of such communication or reproduction does not give rise to any commercial exploitation and that it is compensated by remuneration negotiated on a flat-rate basis ;

e) The communication to the public or reproduction of extracts of objects protected by a related right, for the exclusive purpose of illustration in the context of teaching and vocational training under the conditions set out in article L. 122-5-4. For the application of this article, author means the beneficiary of related rights, works mean objects protected by a related right and performance means communication to the public;

4° Parody, pastiche and caricature, taking into account the laws of the genre;

5° Provisional reproduction of a transitory or accessory nature, where it is an integral and essential part of a technical process and its sole purpose is to permit the lawful use of the subject matter protected by a neighbouring right or its transmission between third parties via a network using an intermediary ; however, this temporary reproduction must not have any economic value of its own;

6° The reproduction and communication to the public of a performance, a phonogram, a videogram, a programme or a press publication under the conditions defined in 7° of Article L. 122-5, to 1° of article L. 122-5-1 and to article L. 122-5-2;

7° Acts of reproduction and representation of a performance, a phonogram, a videogram, a programme or a press publication carried out for conservation purposes or intended to preserve the conditions of its consultation for research or private study purposes by individuals, on the premises of the establishment and on dedicated terminals, carried out by libraries accessible to the public, by museums or by archive services, provided that they are not seeking any economic or commercial advantage ;

8° Digital copies or reproductions of a performance, a phonogram, a videogram, a programme or a press publication with a view to text and data searches carried out under the conditions set out in article L. 122-5-3. For the purposes of this Article, the term "author" refers to the performer, producer, audiovisual communication company, press publisher or press agency benefiting from a related right, the term "works" refers to performances, phonograms, videograms, programmes or press publications and the term "copyright" refers to related rights. 9° The reproduction and communication to the public of a performance, phonogram, videogram or press programme or publication under the conditions defined in 13° of Article L. 122-5.

The exceptions listed by this article may not interfere with the normal exploitation of the performance, phonogram, videogram, programme or press publication nor cause unjustified prejudice to the legitimate interests of the performer, producer, audiovisual communication undertaking, press publisher or press agency.

The terms of application of this article are specified 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

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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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