Kamina, Pascal --- "FRANCE" [2019] ELECD 627; in Lindner, Brigitte; Shapiro, Ted (eds), "Copyright in the Information Society" (Edward Elgar Publishing, 2019) 349

Book Title: Copyright in the Information Society

Editor(s): Lindner, Brigitte; Shapiro, Ted

Publisher: Edward Elgar Publishing

Section: Chapter 12

Section Title: FRANCE

Author(s): Kamina, Pascal

Number of pages: 18

Abstract/Description:

France implemented Directive 2001/29/EC with Law of 1 August 2006 on copyright and related rights in the information society. Since French law already complied with several aspects of the Directive, the implementation focussed on exceptions, protection of technological measures and rights-management information as well as penalties for criminal infringements. In 2012, a scheme to facilitate the digital exploitation of out-of-print works was introduced which was subsequently held incompatible with EU law by the European Court. In 2017, further exceptions were introduced with regard to text and data mining and the reproduction of architectural works in public places as well as a compulsory collective licensing scheme for reproduction and communication to the public by search engines of plastic, graphic and photographic works. France has a so-called graduate response mechanism to tackle online infringements which was introduced in 2009 and is administered by HADOPI, a public authority. HADOPI is also entrusted with the monitoring and regulation of technological measures and rights-management information.