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Réunion

Code de la propriété intellectuelle (version consolidée en vigueur en 2025).

Selected year snapshot

For 2024, the active event in this file is Ordonnance n° 2021-580 du 12 mai 2021 portant transposition de la directive (UE) 2019/790 du Parlement européen et du Conseil du 17 avril 2019 sur le droit d'auteur et les droits voisins dans le marché unique numérique.

20%

Current rationale

The 2021 Ordonnance transposed the EU DSM Directive (2019/790) into French law, replacing the former L122-5 10° with new Articles L122-5-3. Article L122-5-3 I creates a general TDM exception for any person and any purpose (subject to opt-out by the rightsholder). Article L122-5-3 II creates a mandatory (non-overridable) TDM exception for research organizations and cultural heritage institutions for scientific research. Assessing L122-5-3 I: it covers reproduction for TDM by any user, for any purpose, from a lawful source, for all types of works. However, it only covers 'copies or reproductions' (reproduction right), not communication/sharing/making available. The opt-out mechanism does not change the color classification. This would be BLUE individually (reproduction of full works, all users, all works, but no sharing). Assessing L122-5-3 II: it covers reproduction for TDM by research organizations and cultural heritage institutions only, for scientific research, with storage/retention permitted. This is PURPLE individually (institutional restriction). The pre-existing private-use exception (L122-5 2°) remains in force but still excludes software and electronic databases (ORANGE). Now comparing: L122-5-3 I is BLUE (reproduction, all works, all users, no sharing). L122-5 2° is ORANGE (reproduction, excludes software/databases, private users only). L122-5-3 I is more permissive than L122-5 2° because it covers all works including software and databases. However, L122-5-3 I only covers reproduction for TDM purposes specifically, not general research copying. For general research copying (not TDM), the most permissive exception remains L122-5 2° (ORANGE). For TDM specifically, L122-5-3 I is BLUE. The overall classification should reflect the most permissive exception available for any research use. For TDM research, L122-5-3 I (BLUE) is available. For non-TDM research copying, L122-5 2° (ORANGE) applies. The most permissive exception across all research uses is L122-5-3 I at BLUE. However, L122-5-3 I is subject to rightsholder opt-out, which means it may not always be available. L122-5-3 II (no opt-out, but institutional only) is PURPLE. Considering the opt-out as a structural feature of the exception (not a classification-neutral factor), the general TDM exception may be defeated by opt-out. Nevertheless, on the face of the statute, the exception exists and permits reproduction. The opt-out is analogous to a proportionality qualifier. On balance, L122-5-3 I provides BLUE-level access for TDM. But for non-TDM research, the ceiling remains ORANGE (L122-5 2°). Since the prompt asks for the most permissive exception that could apply to a research use, and TDM is a research use, the overall color is BLUE. However, re-examining: L122-5 2° excludes software and electronic databases but covers all other works for private copying for any purpose including research. L122-5-3 I covers all works but only for TDM. Neither exception alone covers all research uses for all works with sharing. The most permissive single exception for research is L122-5-3 I (BLUE for TDM). Overall classification: BLUE.

Exceptions considered

L122-5 2°20%Private Use

Private-use copying: copies strictly reserved for private use of the copier. Excludes software and electronic databases.

L122-5 3°(a)0%Quotation

Analyses and short quotations for critical, polemical, pedagogical, scientific or informational purposes.

L122-5 3°(e)0%Educational

Representation or reproduction of extracts of works for illustration in teaching and research.

L122-5-3 I80%TdmMost permissive

Digital copies/reproductions from lawful source for TDM by any person, any purpose, subject to rightsholder opt-out. Covers all works. Reproduction only, no sharing.

L122-5-3 II40%Tdm

Digital copies/reproductions for TDM by research organizations and cultural heritage institutions for scientific research. Mandatory (no opt-out). Storage permitted.

Law changes

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

Baseline · Effective 1990-01-01

60%

Relevant section: Article 41

Dates: Effective 1990-01-01 · Enacted 1957-03-11

Why this score

Réunion is a French overseas département and région (DROM), and French law applies directly. The copyright law in force on 1990-01-01 was the Loi n° 57-298 du 11 mars 1957 sur la propriété littéraire et artistique, as amended by the Loi n° 85-660 du 3 juillet 1985. Article 41(2) provides a private-use copying exception ('copies ou reproductions strictement réservées à l'usage privé du copiste') covering reproduction of full works by any individual for private use, which encompasses private study and research. However, it is restricted to 'private use of the copier' (individual user restriction) and does not authorize sharing or communication. Article 41(3)(a) permits only 'analyses and short quotations' — not full-work reproduction — so it is RED on its own. The most permissive exception for research purposes is the private-use copy exception (Article 41(2)), which permits full-work reproduction but only for private/personal use. This maps to LIGHT BLUE. Non-commercial restriction and copy limits are classification-neutral factors and were not considered in the color assignment.

Exceptions considered

Article 41(2)60%Private UseMost permissive

Copies or reproductions strictly reserved for the private use of the copier, not intended for collective use. Permits full-work reproduction for private purposes including private study/research.

Article 41(3)(a)0%Quotation

Analyses and short quotations justified by critical, polemical, pedagogical, scientific or informational character. Limited to short quotations, not full works.

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Loi n° 92-597 du 1er juillet 1992 relative au code de la propriété intellectuelle (partie législative)

Relevant update · Effective 1992-07-01

20%

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

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

Why this score

The 1992 codification consolidated French IP law into the Code de la propriété intellectuelle. Article L122-5 2° carries forward the private-use copying exception but now explicitly excludes software and electronic databases from its scope. This means full-work reproduction for private use/research is available for most categories of works but NOT for software or electronic databases. Since the exception permits full-work reproduction for at least some types of works but excludes specific categories, this maps to ORANGE. Article L122-5 3°(a) remains limited to short quotations (RED individually). The most permissive exception is L122-5 2°, which is ORANGE due to the work-type exclusions. Classification-neutral factors (non-commercial, copy limits, remuneration) were not considered.

Exceptions considered

L122-5 2°20%Private UseMost permissive

Private-use copying: copies strictly reserved for private use of the copier, not for collective use. Excludes software (only backup copy allowed) and electronic databases. Permits full-work reproduction for remaining work types.

L122-5 3°(a)0%Quotation

Analyses and short quotations justified by critical, polemical, pedagogical, scientific or informational character. Limited to short quotations.

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

Relevant update · Effective 2006-08-03

20%

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

Dates: Effective 2006-08-03 · Enacted 2006-08-01

Why this score

The DADVSI law (transposing EU Directive 2001/29/EC) added Article L122-5 3°(e), a teaching and research exception. However, this exception is limited to 'extracts of works' (not full works) and excludes works designed for pedagogical purposes and musical scores. It also restricts the audience to those directly concerned by the teaching/research activity. Individually this is RED (extracts only). The private-use exception at L122-5 2° remains in force, still excluding software and electronic databases, so it remains ORANGE individually. The overall classification remains ORANGE because the most permissive exception for research (L122-5 2°) permits full-work reproduction for most work types but excludes software and electronic databases. The new teaching/research exception does not improve the overall classification because it is limited to extracts. Classification-neutral factors were not considered.

Exceptions considered

L122-5 2°20%Private UseMost permissive

Private-use copying: copies strictly reserved for private use of the copier. Excludes software and electronic databases. Permits full-work reproduction for remaining work types.

L122-5 3°(a)0%Quotation

Analyses and short quotations for critical, polemical, pedagogical, scientific or informational purposes. Limited to short quotations.

L122-5 3°(e)0%Educational

Representation or reproduction of extracts of works for illustration in teaching and research. Excludes works designed for pedagogical purposes and musical scores. Limited to extracts, restricted audience.

Original text

English rendering

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Loi n° 2016-1321 du 7 octobre 2016 pour une République numérique

Relevant update · Effective 2016-10-08

20%

Relevant section: Article L122-5 10° (TDM exception)

Dates: Effective 2016-10-08 · Enacted 2016-10-07

Why this score

The Loi pour une République numérique added Article L122-5 10°, France's first TDM-specific exception. This exception permits digital reproduction for TDM of scientific writings for public research purposes. It is limited to: (a) scientific writings only (not all works), (b) public research only (institutional restriction), (c) non-commercial purposes, and (d) communication of resulting files only for verification of research results. Individually, this TDM exception is narrow — it covers only scientific writings (work restriction) and only public research entities (user restriction). The most restrictive element is the work-type limitation (scientific writings only), making it ORANGE individually. However, the pre-existing private-use exception (L122-5 2°) remains in force and is also ORANGE (excludes software and electronic databases). The overall classification remains ORANGE. The TDM exception does not improve the overall classification beyond ORANGE because it is limited to scientific writings. Classification-neutral factors (non-commercial restriction, remuneration) were not considered in the color assignment.

Exceptions considered

L122-5 2°20%Private UseMost permissive

Private-use copying: copies strictly reserved for private use of the copier. Excludes software and electronic databases. Permits full-work reproduction for remaining work types.

L122-5 3°(a)0%Quotation

Analyses and short quotations for critical, polemical, pedagogical, scientific or informational purposes.

L122-5 3°(e)0%Educational

Representation or reproduction of extracts of works for illustration in teaching and research.

L122-5 10°20%Tdm

Digital copies for TDM of scientific writings for public research, non-commercial. Communication of files only for verification of results.

Original text

English rendering

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Ordonnance n° 2021-580 du 12 mai 2021 portant transposition de la directive (UE) 2019/790 du Parlement européen et du Conseil du 17 avril 2019 sur le droit d'auteur et les droits voisins dans le marché unique numérique

Relevant update · Effective 2021-05-14

20%

Relevant section: Articles L122-5-3 (TDM for research), L122-5-3 I and II

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

Why this score

The 2021 Ordonnance transposed the EU DSM Directive (2019/790) into French law, replacing the former L122-5 10° with new Articles L122-5-3. Article L122-5-3 I creates a general TDM exception for any person and any purpose (subject to opt-out by the rightsholder). Article L122-5-3 II creates a mandatory (non-overridable) TDM exception for research organizations and cultural heritage institutions for scientific research. Assessing L122-5-3 I: it covers reproduction for TDM by any user, for any purpose, from a lawful source, for all types of works. However, it only covers 'copies or reproductions' (reproduction right), not communication/sharing/making available. The opt-out mechanism does not change the color classification. This would be BLUE individually (reproduction of full works, all users, all works, but no sharing). Assessing L122-5-3 II: it covers reproduction for TDM by research organizations and cultural heritage institutions only, for scientific research, with storage/retention permitted. This is PURPLE individually (institutional restriction). The pre-existing private-use exception (L122-5 2°) remains in force but still excludes software and electronic databases (ORANGE). Now comparing: L122-5-3 I is BLUE (reproduction, all works, all users, no sharing). L122-5 2° is ORANGE (reproduction, excludes software/databases, private users only). L122-5-3 I is more permissive than L122-5 2° because it covers all works including software and databases. However, L122-5-3 I only covers reproduction for TDM purposes specifically, not general research copying. For general research copying (not TDM), the most permissive exception remains L122-5 2° (ORANGE). For TDM specifically, L122-5-3 I is BLUE. The overall classification should reflect the most permissive exception available for any research use. For TDM research, L122-5-3 I (BLUE) is available. For non-TDM research copying, L122-5 2° (ORANGE) applies. The most permissive exception across all research uses is L122-5-3 I at BLUE. However, L122-5-3 I is subject to rightsholder opt-out, which means it may not always be available. L122-5-3 II (no opt-out, but institutional only) is PURPLE. Considering the opt-out as a structural feature of the exception (not a classification-neutral factor), the general TDM exception may be defeated by opt-out. Nevertheless, on the face of the statute, the exception exists and permits reproduction. The opt-out is analogous to a proportionality qualifier. On balance, L122-5-3 I provides BLUE-level access for TDM. But for non-TDM research, the ceiling remains ORANGE (L122-5 2°). Since the prompt asks for the most permissive exception that could apply to a research use, and TDM is a research use, the overall color is BLUE. However, re-examining: L122-5 2° excludes software and electronic databases but covers all other works for private copying for any purpose including research. L122-5-3 I covers all works but only for TDM. Neither exception alone covers all research uses for all works with sharing. The most permissive single exception for research is L122-5-3 I (BLUE for TDM). Overall classification: BLUE.

Exceptions considered

L122-5 2°20%Private Use

Private-use copying: copies strictly reserved for private use of the copier. Excludes software and electronic databases.

L122-5 3°(a)0%Quotation

Analyses and short quotations for critical, polemical, pedagogical, scientific or informational purposes.

L122-5 3°(e)0%Educational

Representation or reproduction of extracts of works for illustration in teaching and research.

L122-5-3 I80%TdmMost permissive

Digital copies/reproductions from lawful source for TDM by any person, any purpose, subject to rightsholder opt-out. Covers all works. Reproduction only, no sharing.

L122-5-3 II40%Tdm

Digital copies/reproductions for TDM by research organizations and cultural heritage institutions for scientific research. Mandatory (no opt-out). Storage permitted.

Original text

English rendering

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Code de la propriété intellectuelle (version consolidée en vigueur en 2025)

Current law confirmation · Effective 2025-01-01

80%

Relevant section: Articles L122-5 2°, L122-5 3°(a), L122-5 3°(e), L122-5-3 I, L122-5-3 II

Dates: Effective 2025-01-01

Why this score

As of 2025, French copyright law (applicable in Réunion as a French DROM) provides the following research-relevant exceptions: (1) L122-5 2° — private-use copying of full works, excluding software and electronic databases (ORANGE individually); (2) L122-5 3°(a) — short quotations for scientific/informational purposes (RED individually); (3) L122-5 3°(e) — extracts for teaching and research illustration (RED individually); (4) L122-5-3 I — TDM by any person, any purpose, all works, reproduction only, subject to opt-out (BLUE individually); (5) L122-5-3 II — TDM by research organizations and cultural heritage institutions for scientific research, mandatory, reproduction and storage (PURPLE individually). The most permissive exception is L122-5-3 I, which permits reproduction of full works of all types by any user for TDM purposes. It does not authorize sharing/communication. This maps to BLUE. The opt-out mechanism does not eliminate the exception from the statute. Non-commercial restrictions and remuneration are classification-neutral. No subsequent amendments affecting these provisions have been identified through 2025.

Exceptions considered

L122-5 2°20%Private Use

Private-use copying: copies strictly reserved for private use of the copier. Excludes software and electronic databases. Permits full-work reproduction for remaining work types.

L122-5 3°(a)0%Quotation

Analyses and short quotations for critical, polemical, pedagogical, scientific or informational purposes.

L122-5 3°(e)0%Educational

Representation or reproduction of extracts of works for illustration in teaching and research. Excludes works designed for pedagogical purposes and musical scores.

L122-5-3 I80%TdmMost permissive

Digital copies/reproductions from lawful source for TDM by any person, any purpose, subject to rightsholder opt-out. Covers all works. Reproduction only.

L122-5-3 II40%Tdm

Digital copies/reproductions for TDM by research organizations and cultural heritage institutions for scientific research. Mandatory (no opt-out). Storage and retention permitted.

Original text

English rendering

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