French Intellectual Property Code
In forceI.-When a final court decision has ordered any measure to prevent access to an online public communication service pursuant to Article L. 336-2, the Autorité de Régulation de la Communication Audiovisuelle et Numérique (French Audiovisual and Digital Communications Regulatory Authority), on application by a rights holder who is a party to the court ruling, may require any person covered by the ruling, for a period that may not exceed that remaining for the measures ordered by the court, to prevent access to any online public communications service that wholly or substantially reproduces the content of the service referred to in the ruling. For the purposes of applying this I, the Autorité de Régulation de la Communication Audiovisuelle et Numérique shall provide precise identification data for the service in question, in accordance with the procedures it shall define.
The Autorité de Régulation de la Communication Audiovisuelle et Numérique shall, in accordance with the procedures it shall define, provide precise identification data for the service in question. Under the same conditions, the authority may also ask any operator of a search engine, directory or other referencing service to stop referencing electronic addresses giving access to these online public communication services.
In order to facilitate the enforcement of the judicial decisions referred to in Article L. 336-2, the authority shall adopt model agreements, which it shall invite rights holders and any person likely to contribute to remedying infringements of copyright and related rights online to conclude. In particular, the agreement sets out the conditions under which the parties must inform each other of the existence of any online public communication service that includes all or a substantial part of the content of the service covered by the decision. It commits any person likely to contribute to remedying infringements of copyright and related rights online, party to the agreement, to take the measures provided for by the court decision.
II. II - In the event of difficulty relating to the application of the first or second paragraphs of I, the Autorité de Régulation de la Communication Audiovisuelle et Numérique may ask the services to justify themselves. Without prejudice to such a request, the matter may be referred to the judicial authority, in summary proceedings or on application, to order any measure intended to stop access to these services. This referral is made without prejudice to the referral provided for in article L. 336-2.
