French Polynesia

Loi n° 57-298 du 11 mars 1957 sur la propriété littéraire et artistique

Baseline · Effective 1957-03-11

60%

Relevant section: Articles 41, 41(2), 41(3)

Dates: Effective 1957-03-11 · Enacted 1957-03-11

Why this score

French Polynesia, as a French overseas collectivity (collectivité d'outre-mer), was governed by the French law on literary and artistic property of 11 March 1957 (Loi n° 57-298). The most research-relevant exceptions are: (1) Art. 41(2): private copying — reproduction strictly reserved for the private use of the copier, not intended for collective use. This covers reproduction of full works but is limited to private/personal use by individuals, and does not authorize sharing. (2) Art. 41(3)(a): analyses and short quotations — this is limited to short excerpts, not full works. The private copying exception (Art. 41(2)) is the most permissive for research purposes: it permits reproduction of full works of any type by any individual for private use, but does not permit sharing or communication. The restriction to 'private use of the copier' limits the beneficiary to individuals acting privately. There is no general fair dealing, fair use, or institutional research exception. Classification: LIGHT BLUE (full-work reproduction permitted, but restricted to private/personal use, no sharing). Non-commercial restriction and copy limits are classification-neutral.

Exceptions considered

Original text

Art. 41. — Lorsque l'œuvre a été divulguée, l'auteur ne peut interdire :
1° Les représentations privées et gratuites effectuées exclusivement dans un cercle de famille ;
2° Les copies ou reproductions strictement réservées à l'usage privé du copiste et non destinées à une utilisation collective ;
3° Sous réserve que soient indiqués clairement le nom de l'auteur et la source :
a) Les analyses et courtes citations justifiées par le caractère critique, polémique, pédagogique, scientifique ou d'information de l'œuvre à laquelle elles sont incorporées ;

English rendering

[Unofficial translation]: Art. 41. — When the work has been disclosed, the author may not prohibit:
1° Private and gratuitous performances made exclusively within a family circle;
2° Copies or reproductions strictly reserved for the private use of the copier and not intended for collective use;
3° Provided that the name of the author and the source are clearly indicated:
(a) Analyses and short quotations justified by the critical, polemical, pedagogical, scientific or informational character of the work in which they are incorporated;

Code de la propriété intellectuelle (Loi n° 92-597 du 1er juillet 1992)

Relevant update · Effective 1992-07-01

60%

Relevant section: Articles L122-5(1°), L122-5(2°), L122-5(3°)(a)

Dates: Effective 1992-07-01 · Enacted 1992-07-01

Why this score

The Code de la propriété intellectuelle (CPI) codified and replaced the 1957 law. The relevant exceptions in Art. L122-5 substantially reproduced the prior exceptions: (1) L122-5(2°): private copies or reproductions strictly reserved for the private use of the copier and not intended for collective use (copie privée). This permits full-work reproduction but only for private/personal use, not sharing. (2) L122-5(3°)(a): analyses and short quotations justified by the critical, polemical, pedagogical, scientific or informational character of the work. This is limited to short excerpts. The private use exception remains the most permissive for research: full-work reproduction, any type of work, but restricted to private individual use with no sharing. Classification remains LIGHT BLUE. The CPI entered into force on 1 July 1992. Its applicability to French Polynesia follows from the general principle that French intellectual property law applies throughout the Republic, including overseas collectivities, unless specifically excluded.

Exceptions considered

Source links

• Official text ↗

Loi n° 2006-961 du 1er août 2006 relative au droit d'auteur et aux droits voisins dans la société de l'information (DADVSI)

Relevant update · Effective 2006-08-04

60%

Relevant section: Art. L122-5(3°)(e), Art. L122-5(8°)

Dates: Effective 2006-08-04 · Enacted 2006-08-01

Why this score

The DADVSI law of 2006 transposed EU Directive 2001/29/EC into French law. It modified Art. L122-5 of the CPI by adding several new exceptions and refining existing ones. Key additions relevant to research: (1) Art. L122-5(8°): reproduction by libraries, museums, and archives for conservation or on-premises consultation — this is an institutional exception but limited to conservation and on-premises access, not general research copying or lending. It does not permit providing copies to researchers. (2) Art. L122-5(3°)(e): press reproduction of art works for immediate information purposes — not research-relevant. The pre-existing private copying exception (Art. L122-5(2°)) and quotation exception (Art. L122-5(3°)(a)) remained in force. The private copying exception (L122-5(2°)) remains the most permissive for research: full-work reproduction, any work type, but restricted to private individual use, no sharing. The new library exception (L122-5(8°)) is narrower (on-premises consultation only, institutional users only). Classification remains LIGHT BLUE. The DADVSI law also introduced an exception for disabled persons and for teaching/research (Art. L122-5(3°)(e) for teaching and research was added but was very narrowly drafted — it permitted reproduction of extracts for illustration in teaching and research, not full works, and was subject to compensation). This teaching/research exception covers only extracts, so it is RED individually and does not change the overall classification.

Exceptions considered

English rendering

[Unofficial translation]: Art. L122-5(3°)(e): The reproduction or representation, in whole or in part, of a work of art graphic, plastic or architectural, by way of written, audiovisual or online press, for the exclusive purpose of immediate information directly related to the latter, subject to indicating clearly the name of the author.
Art. L122-5(8°): The reproduction of a work, made for the purpose of conservation or intended to preserve the conditions of its consultation on the premises of the library or archive, by libraries accessible to the public, museums or archive services, provided that no economic or commercial advantage is sought.

Loi n° 2016-1231 du 7 octobre 2016 pour une République numérique (Loi pour une République numérique)

Relevant update · Effective 2016-10-09

60%

Relevant section: Art. L122-5(10°)

Dates: Effective 2016-10-09 · Enacted 2016-10-07

Why this score

The Loi pour une République numérique of 2016 introduced France's first TDM exception at Art. L122-5(10°) of the CPI. This exception permits copies or digital reproductions for text and data mining for the needs of public research, excluding commercial purposes. However, it is restricted to: (a) public research purposes only (institutional/non-commercial), (b) works included in or associated with scientific publications, and (c) from a lawful source. It covers reproduction but the scope regarding communication/sharing of results is limited to conditions set by decree. Individually, this TDM exception would be PURPLE (institutional restriction to public research) or possibly ORANGE (limited to scientific publications as a category of works). However, the pre-existing private copying exception (Art. L122-5(2°)) remains in force and is still the most permissive for general research reproduction: it permits full-work reproduction of any type of work by any individual for private use. The TDM exception adds a new capability (computational analysis) but is narrower in user scope. Overall classification remains LIGHT BLUE based on the private copying exception. The law entered into force on 9 October 2016 (publication in Journal officiel on 8 October 2016).

Exceptions considered

English rendering

[Unofficial translation]: Art. L122-5(10°): Copies or digital reproductions made from a lawful source, for the purposes of text and data mining included in or associated with a scientific publication, for the needs of public research, excluding any commercial purpose. A decree in the Conseil d'État sets the conditions under which text and data mining is carried out, as well as the terms of conservation and communication of the files produced at the end of research activities for which they were produced; the conditions under which text and data mining as well as copies or reproductions are carried out shall be defined by decree in the Conseil d'État.

Ordonnance n° 2021-580 du 12 mai 2021 portant transposition de la directive (UE) 2019/790 sur le droit d'auteur et les droits voisins dans le marché unique numérique

Relevant update · Effective 2021-05-14

60%

Relevant section: Art. L122-5-3 (new TDM exceptions)

Dates: Effective 2021-05-14 · Enacted 2021-05-12

Why this score

The Ordonnance of 12 May 2021 transposed EU Directive 2019/790 (DSM Directive) into French law, replacing the former Art. L122-5(10°) TDM exception with new Art. L122-5-3. This created two TDM regimes: (I) TDM for scientific research by research organizations and cultural heritage institutions — no opt-out by rightholders, but restricted to institutional users (research organizations, cultural heritage institutions); (II) General TDM by any user — but subject to opt-out by rightholders (rightholders may reserve their rights). Both cover reproduction and extraction. Neither explicitly covers communication/sharing of the mined copies beyond storage for verification. The institutional TDM exception (I) is individually PURPLE (institutional restriction). The general TDM exception (II) is subject to opt-out, which means it is not a guaranteed exception — rightholders can exclude their works. The pre-existing private copying exception (Art. L122-5(2°)) remains in force and continues to be the most permissive general research exception: full-work reproduction of any type of work by any individual for private use, no sharing. Overall classification remains LIGHT BLUE. The ordonnance entered into force on 14 May 2021 (day after publication in Journal officiel on 13 May 2021). Note: the question of whether the DSM Directive transposition applies to French Polynesia is complex. French Polynesia is not part of the EU and EU directives do not directly apply there. However, the CPI as French national law generally applies to French Polynesia. The ordonnance modifies the CPI. Whether this specific ordonnance was extended to French Polynesia requires verification of whether it was specifically made applicable there. This uncertainty is noted but does not change the classification since the pre-existing private copying exception (which undoubtedly applies) already determines the LIGHT BLUE classification.

Exceptions considered

English rendering

[Unofficial translation]: Art. L122-5-3. — I. — Reproductions and extractions of works lawfully accessible, including from online sources, for the purposes of text and data mining for the needs of scientific research, shall not require the authorization of the author, when they are carried out by persons having lawful access to the works, for the purposes of scientific research carried out by research organizations and cultural heritage institutions.
II. — Copies or reproductions of works lawfully accessible for the purposes of text and data mining, other than those referred to in I, shall not require the authorization of the author, provided that the use of the works has not been expressly reserved by the rightholders in an appropriate manner, including by machine-readable means for content made available online.
III. — Reproductions made pursuant to I and II shall be stored with an appropriate level of security and may be retained for the purposes of scientific research, including for the verification of research results.

Code de la propriété intellectuelle (as amended through 2025)

Current law confirmation · Effective 2025-01-01

60%

Relevant section: Art. L122-5(2°), Art. L122-5(3°)(a), Art. L122-5(3°)(e), Art. L122-5(8°), Art. L122-5-3

Dates: Effective 2025-01-01

Why this score

As of 2025, the copyright law in force in French Polynesia is the French Code de la propriété intellectuelle (CPI), as French national intellectual property law applies throughout the Republic including overseas collectivities. The most permissive research-relevant exception remains Art. L122-5(2°): private copying — reproduction of full works of any type, by any individual, strictly for private use, not intended for collective use. This permits full-work reproduction for private research/study but does not authorize sharing, communication, or institutional use. Other exceptions in force include: quotation (short excerpts only — RED); teaching/research illustration (extracts only — RED); library conservation/on-premises consultation (institutional, limited scope — PURPLE); and TDM exceptions (Art. L122-5-3, whose applicability to French Polynesia is uncertain given the EU directive transposition context, but which in any case are either institutionally restricted (I) or subject to opt-out (II)). The private copying exception determines the overall classification as LIGHT BLUE: full-work reproduction of any work type, restricted to private individual use, no sharing permitted. Classification-neutral factors (non-commercial restriction, copy limits, remuneration) were not factored into the color decision.

Exceptions considered

English rendering

[Unofficial translation]: Art. L122-5(2°): Copies or reproductions strictly reserved for the private use of the copier and not intended for collective use.
Art. L122-5(3°)(a): Analyses and short quotations justified by the critical, polemical, pedagogical, scientific or informational character of the work in which they are incorporated.
Art. L122-5-3(I): Reproductions and extractions for TDM for scientific research by research organizations and cultural heritage institutions.
Art. L122-5-3(II): Reproductions and extractions for TDM by any person, subject to opt-out by rightholders.

Source links

• Official text 1 ↗
• Official text 2 ↗