INHERITANCE RIGHTS
LexInter | August 13, 2003 | 0 Comments

INHERITANCE RIGHTS

Chapter II: Economic rights

Article L122-1

   The right of exploitation belonging to the author includes the right of representation and the right of reproduction.

Article L122-2

   The performance consists in the communication of the work to the public by any process, and in particular:
1 ° By public recitation, lyric performance, dramatic performance, public presentation, public projection and transmission in a public place of the televised work;
2 ° By television broadcasting.
Television broadcasting means the broadcasting by any means of telecommunication of sounds, images, documents, data and messages of any kind.
Is assimilated to a representation the emission of a work to a satellite.

Article L122-2-1

(inserted by Law n ° 97-283 of March 27, 1997 art. 1 Official Journal of March 28, 1997)
The right of representation of a work broadcast by satellite is governed by the provisions of this code as soon as the work is transmitted to the satellite from the national territory.

Article L122-2-2

(inserted by Law n ° 97-283 of March 27, 1997 art. 1 Official Journal of March 28, 1997)
The right to perform a work broadcast by satellite broadcast from the territory of a non-member state of the European Community which does not ensure an equivalent level of copyright protection is also governed by the provisions of this code. to that guaranteed by this code:
1 ° When the uplink to the satellite is made from a station located on national territory. The rights provided for by this code may then be exercised with regard to the operator of the station;
2 ° When the uplink to the satellite is not carried out from a station located in a Member State of the European Community and when the transmission is carried out on demand, on behalf or under the control of a company of audiovisual communication having its main establishment in the national territory. The rights provided for by this code can then be exercised with regard to the audiovisual communication company.

Article L122-3

   Reproduction consists in the material fixation of the work by any process which makes it possible to communicate it to the public in an indirect manner.
It can be carried out in particular by printing, drawing, engraving, photography, molding and any process of the graphic and plastic arts, mechanical, cinematographic or magnetic recording.
For works of architecture, reproduction also consists in the repeated execution of a plan or a typical project.

Article L122-3-1

As soon as the first sale of one or more physical copies of a work has been authorized by the author or his successors in title on the territory of a Member State of the European Community or of another State party to the Agreement on the European Economic Area, the sale of these copies of this work can no longer be prohibited in the Member States of the European Community and the States party to the Agreement on the European Economic Area.

Article L122-4

   Any full or partial representation or reproduction made without the consent of the author or his successors in title or successors in title is illegal. It is the same for the translation, the adaptation or the transformation, the arrangement or the reproduction by any art or any process.

Article L122-5

REMUNERATION FOR PRIVATE COPY

When the work has been disclosed, the author cannot prohibit:

1 ° Private and free performances performed exclusively in a family circle;

2 ° Copies or reproductions strictly reserved for the private use of the copyist and not intended for collective use, with the exception of copies of works of art intended to be used for purposes identical to those for which the original work has been created and copies of software other than the backup copy established under the conditions provided for in II of Article L. 122-6-1 as well as copies or reproductions of an electronic database;

3 ° Provided that the name of the author and the source are clearly indicated:

  1. a) Analyzes and short quotations justified by the critical, controversial, educational, scientific or informational nature of the work in which they are incorporated;
  2. b) Press reviews;
  3. c) The distribution, even complete, by means of the press or television, for current information, of speeches intended for the public delivered in political, administrative, judicial or academic assemblies, as well as in public meetings of political order and official ceremonies;
  4. d) Reproductions, in whole or in part, of graphic or plastic works of art intended to appear in the catalog of a judicial sale carried out in France for copies made available to the public before the sale for the sole purpose of describing the works of art offered for sale;
  5. e) The representation or reproduction of extracts from works, subject to works designed for educational purposes, musical scores and works produced for a digital edition of the writing, for the exclusive purposes of illustration in the teaching and research, to the exclusion of any ludic or recreational activity, provided that the audience for which this performance or reproduction is intended is made up mainly of pupils, students, teachers or researchers directly concerned, that the use of this representation or reproduction does not give rise to any commercial exploitation and thatit is compensated by a remuneration negotiated on a lump sum basis without prejudice to the transfer of the reproduction right by reprography mentioned in article 122-10;

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

5 ° The acts necessary for access to the content of an electronic database for the needs and within the limits of the use provided for by contract;

6 ° Provisional reproduction of a transitory or accessory nature, when it is an integral and essential part of a technical process and its sole purpose is to allow the lawful use of the work or its transmission between third parties by the path of a network using an intermediary; however, this provisional reproduction, which can only relate to works other than software and databases, must not have its own economic value;

or recognized by medical certificate as prevented from reading after correction. This reproduction and representation are provided, for non-profit purposes and to the extent required by the disability, by the legal persons and establishments mentioned in this paragraph, the list of which is drawn up by the administrative authority.

The legal persons and establishments mentioned in the first paragraph of this 7 ° must provide proof of their effective professional activity of design, production and communication of media for the benefit of the natural persons mentioned in the same paragraph by reference to their corporate purpose, to the importance of their members or users, the material and human resources at their disposal and the services they provide.

At the request of legal persons and establishments mentioned in the first paragraph of this 7 °, made within two years following the legal deposit of the printed works, the digital files used for the edition of these works are deposited at the National Book Center or to a body designated by decree which makes them available to them in an open standard within the meaning of article 4 of law n ° 2004-575 of June 21, 2004 on confidence in the digital economy. The National Book Center or the body designated by decree guarantees the confidentiality of these files and the security of their access;

8 ° The reproduction of a work, carried out for conservation purposes or intended to preserve the conditions of its consultation on site by libraries accessible to the public, by museums or by archives, provided that they do not seek any economic or commercial advantage;

9 ° The reproduction or representation, in whole or in part, of a graphic, plastic or architectural work of art, by written, audiovisual or online press, for the exclusive purpose of immediate information and in direct relation to this last, subject to clearly indicating the name of the author.

The first paragraph of this 9 ° does not apply to works, in particular photographic or illustrative, which are themselves intended to account for information.

The reproductions or representations which, in particular by their number or their format, are not in strict proportion with the exclusive aim of immediate information pursued or which are not in direct relation with the latter give rise to remuneration of the authors on the basis of the agreements or tariffs in force in the professional sectors concerned.

The exceptions listed in this article may not prejudice the normal exploitation of the work or cause unjustified prejudice to the legitimate interests of the author.

The modalities of application of this article, in particular the characteristics and the conditions of distribution of the documents mentioned in d of 3 °, the administrative authority mentioned in 7 °, as well as the conditions of designation of depositary bodies and access to files digital numbers mentioned in the third paragraph of 7 °, are specified by decree of the Council of State.

 Article L122-6

Subject to the provisions of Article L. 122-6-1, the exploitation right belonging to the author of a software includes the right to perform and authorize:

1 ° The permanent or temporary reproduction of software in whole or in part by any means and in any form. Insofar as the loading, display, execution, transmission or storage of this software requires reproduction, these acts are only possible with the authorization of the author;

2 ° The translation, adaptation, arrangement or any other modification of software and the reproduction of the resulting software;

3 ° The placing on the market for payment or free, including the rental, of the copy (s) of software by any process. However, the first sale of a copy of software in the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area by the author or with his consent is exhausted. the right to place this copy on the market in all Member States with the exception of the right to authorize the subsequent rental of a copy.

Article L122-6-1

  1. The acts provided for in 1 ° and 2 ° of Article L. 122-6 are not subject to the authorization of the author when they are necessary to allow the use of the software, in accordance with its intended purpose, by the person having the right to use it, including to correct errors.

However, the author is authorized to reserve by contract the right to correct errors and to determine the specific terms to which the acts provided for in 1 ° and

2 ° of article L. 122-6, necessary to allow the use of the software, in accordance with its destination, by the person having the right to use it.

  1. The person having the right to use the software can make a backup copy when this is necessary to preserve the use of the software.

III. The person having the right to use the software may, without the authorization of the author, observe, study or test the operation of this software in order to determine the ideas and principles which form the basis of any element of the software when ” it performs any loading, display, execution, transmission or storage of the software that it is entitled to perform.

  1. The reproduction of the software code or the translation of the form of this code is not subject to the authorization of the author when the reproduction or the 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 carried out by the person having the right to use a copy of the software or on his behalf by a person authorized for this purpose;

2 ° The information necessary for interoperability has not already been made easily and quickly 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 cannot be:

1 ° Nor used for purposes other than achieving the interoperability of independently created software;

2 ° Nor communicated to third parties unless this is necessary for the interoperability of the software created independently;

3 ° Nor used for the development, production or marketing of software whose expression is substantially similar or for any other act infringing copyright.

  1. This article may not be interpreted as allowing to interfere with the normal use of the software or to cause 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.

V ° SOFTWARE

Article L122-6-2

Any advertisement or instructions for use relating to the means allowing the removal or neutralization of any technical device protecting software must mention that the unlawful use of these means is liable to the penalties provided for in the event of infringement.

A decree in the Council of State will set the conditions for the application of this article.

Article L122-7

   The right of representation and the right of reproduction are transferable free of charge or against payment.
The transfer of the right of representation does not imply that of the reproduction right.
The transfer of the reproduction right does not entail that of the representation right.
When a contract involves the total transfer of one of the two rights referred to in this article, its scope is limited to the modes of exploitation provided for in the contract.

Article L122-7-1

The author is free to make his works available to the public free of charge, subject to the rights of any co-authors and those of third parties as well as in compliance with the agreements he has concluded.

RIGHT OF SUCCESS

Article L122-8

Authors of original graphic and plastic works who are nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area benefit from a resale right, which is an inalienable right of participation to the proceeds of any sale of a work after the first transfer made by the author or by his successors in title, when a professional of the art market intervenes as seller, buyer or intermediary. By way of derogation, this right does not apply when the seller has acquired the work directly from the author less than three years before this sale and the sale price does not exceed 10,000 euros.

For the purposes of this article, original works are understood to mean works created by the artist himself and copies executed in limited quantities by the artist himself or under his responsibility.

The resale right is the responsibility of the seller. The responsibility for its payment lies with the professional involved in the sale and, if the transfer takes place between two professionals, with the seller.

The professionals of the art market referred to in the first paragraph must deliver to the author or to a collection and distribution company of the resale right any information necessary for the settlement of the sums due under the resale right during a period of three years from the sale.

Authors who are not nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area and their successors in title are entitled to the benefit of the protection provided for in this article if the legislation of the State of which they are nationals admits the protection of the droit de suite of authors of member States and their successors in title.

A decree in Council of State specifies the conditions of application of this article and in particular the amount and the methods of calculation of the right to be collected, as well as the sale price above which the sales are subjected to this right. It also specifies the conditions under which authors who are not nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area who have their habitual residence in France and have participated in the life of art in France for at least five years may apply for the protection provided for in this article.

ARTICLES R122-1 TO R122-12

Article L122-9

   In the event of a notorious abuse in the use or non-use of the exploitation rights by the representatives of the deceased author referred to in article L. 121-2, the tribunal de grande instance may order any measure appropriate. The same applies if there is a conflict between the said representatives, if there is no known beneficiary or in the event of vacancy or withdrawal.
The court may be referred in particular by the minister responsible for culture.

Article L122-10

(inserted by Law n ° 95-4 of January 3, 1995 art. 1 Official Journal of January 4, 1995)
The publication of a work implies the transfer of the reproduction right by reprography to a company governed by Title II of Book III and approved for this purpose by the Minister responsible for culture. Authorized companies may only enter into any agreement with users for the purposes of managing the right thus transferred, subject to the stipulations authorizing copies for the purposes of sale, rental, advertising or promotion, of the agreement of the author or his successors in title. In the absence of designation by the author or his successor in title on the date of publication of the work, one of the approved companies is deemed to be the assignee of this right.
Reprography means reproduction in the form of a copy on paper or medium assimilated by a photographic technique or equivalent effect allowing direct reading.
The provisions of the first paragraph do not preclude the right of the author or his successors in title to make copies for the purposes of sale, rental, publicity or promotion.
Notwithstanding any stipulation to the contrary, the provisions of this article apply to all protected works regardless of the date of their publication.

Article L122-11

(inserted by Law n ° 95-4 of January 3, 1995 art. 1 Official Journal of January 4, 1995)
The agreements mentioned in article L. 122-10 may provide for a fixed remuneration in the cases defined in 1 ° to 3 ° of article L. 131-4.

Article L122-12

(inserted by Law n ° 95-4 of January 3, 1995 art. 1 Official Journal of January 4, 1995)
The approval of the companies mentioned in the first paragraph of Article L. 122-10 is issued in consideration of:
– the diversity of the partners;
– the professional qualification of managers;
– the human and material resources that they propose to use to ensure the management of the reproduction right by reprography;
– the equitable nature of the methods provided for the distribution of the sums collected.
A Council of State decree sets out the terms and conditions for the issue and withdrawal of this approval as well as the choice of transferee companies in application of the last sentence of the first paragraph of article L. 122-10.

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