Selected year snapshot
For 1993, the active event in this file is Code de la propriété intellectuelle (Intellectual Property Code).
60%
Current rationale
The French Southern and Antarctic Lands (Terres australes et antarctiques françaises, TAAF) are an overseas territory of France with no separate copyright legislation. French law, including the Code de la propriété intellectuelle (CPI), applies to TAAF. Ordinance No. 2009-537 of 14 May 2009 explicitly extended and adapted various legislative provisions, including intellectual property provisions, to the French Southern and Antarctic Lands. The CPI as in force on 1990-01-01 (Law No. 57-298 of 11 March 1957 on literary and artistic property, as codified into the CPI by Law No. 92-597 of 1 July 1992) contained the private copy exception. Under the pre-codification law (Loi du 11 mars 1957, Art. 41(2)), and then under Art. L122-5(2°) of the CPI, the author could not prohibit 'copies or reproductions strictly reserved for the private use of the copier and not intended for collective use' ('copies ou reproductions strictement réservées à l'usage privé du copiste et non destinées à une utilisation collective'). This is a private-use exception covering reproduction of full works, restricted to individuals acting privately. It does not authorize sharing or communication. There was no general fair use, fair dealing, or open research exception. The quotation exception (Art. L122-5(3°)(a)) was limited to short quotations. No TDM exception existed. The most permissive research-relevant exception was the private copy exception, which permits reproduction of full works but is restricted to private/personal use and does not cover sharing. This maps to LIGHT BLUE. The baseline is set at 1992-07-03 (date the CPI entered into force) because the exact text of the 1957 law as in force on 1990-01-01 could not be fully verified via web search, though the substance of the private copy exception was materially the same under the 1957 law.
Exceptions considered
Copies or reproductions strictly reserved for the private use of the copier and not intended for collective use. Covers reproduction of full works by individuals for private purposes. Does not cover sharing or communication.
Short quotations justified by the critical, polemic, educational, scientific or informatory nature of the work in which they are incorporated. Limited to short excerpts, not full works.
Law changes
Code de la propriété intellectuelle (Intellectual Property Code)
Baseline · Effective 1992-07-03
60%
Relevant section: Articles L122-5, L122-5-1, L122-5-2, L122-5-3
Dates: Effective 1992-07-03 · Enacted 1992-07-01
Why this score
The French Southern and Antarctic Lands (Terres australes et antarctiques françaises, TAAF) are an overseas territory of France with no separate copyright legislation. French law, including the Code de la propriété intellectuelle (CPI), applies to TAAF. Ordinance No. 2009-537 of 14 May 2009 explicitly extended and adapted various legislative provisions, including intellectual property provisions, to the French Southern and Antarctic Lands. The CPI as in force on 1990-01-01 (Law No. 57-298 of 11 March 1957 on literary and artistic property, as codified into the CPI by Law No. 92-597 of 1 July 1992) contained the private copy exception. Under the pre-codification law (Loi du 11 mars 1957, Art. 41(2)), and then under Art. L122-5(2°) of the CPI, the author could not prohibit 'copies or reproductions strictly reserved for the private use of the copier and not intended for collective use' ('copies ou reproductions strictement réservées à l'usage privé du copiste et non destinées à une utilisation collective'). This is a private-use exception covering reproduction of full works, restricted to individuals acting privately. It does not authorize sharing or communication. There was no general fair use, fair dealing, or open research exception. The quotation exception (Art. L122-5(3°)(a)) was limited to short quotations. No TDM exception existed. The most permissive research-relevant exception was the private copy exception, which permits reproduction of full works but is restricted to private/personal use and does not cover sharing. This maps to LIGHT BLUE. The baseline is set at 1992-07-03 (date the CPI entered into force) because the exact text of the 1957 law as in force on 1990-01-01 could not be fully verified via web search, though the substance of the private copy exception was materially the same under the 1957 law.
Exceptions considered
Copies or reproductions strictly reserved for the private use of the copier and not intended for collective use. Covers reproduction of full works by individuals for private purposes. Does not cover sharing or communication.
Short quotations justified by the critical, polemic, educational, scientific or informatory nature of the work in which they are incorporated. Limited to short excerpts, not full works.
Source links
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(2°), Art. L122-5(3°)(e)
Dates: Effective 2006-08-04 · Enacted 2006-08-01
Why this score
The DADVSI law of 2006 transposed EU Directive 2001/29/EC (InfoSoc Directive) into French law. It modified Art. L122-5(2°) to add the requirement that copies be made 'from a lawful source' and explicitly excluded copies of works of art intended for identical purposes and software (other than backup copies). This narrowed the private copy exception slightly by adding the lawful-source requirement and explicit exclusions. However, the exception still permits reproduction of full works for private use. The exclusion of certain works of art and software means the exception does not cover ALL types of works, but it still covers the vast majority (literary works, musical works, audiovisual works, etc.). The quotation exception remained limited to short excerpts. No general fair use, fair dealing, or research exception was added. The teaching/research exception added by DADVSI (Art. L122-5(3°)(e)) was limited to representation or reproduction of excerpts for illustration in teaching and research, not full works, and was further restricted. The most permissive exception for research remains the private copy exception. The exclusion of specific work categories (works of art for identical purposes, software) from the private copy exception could push toward ORANGE, but these exclusions are narrow and the exception still permits full-work reproduction for most work types. The primary restriction remains the 'private use' qualifier, making this LIGHT BLUE. The work-type exclusions are narrow enough that the user restriction (private use) remains the most restrictive element.
Exceptions considered
Copies or reproductions from a lawful source, strictly reserved for the private use of the copier and not intended for collective use, excluding copies of works of art for identical purposes and software (other than backup). Covers reproduction of full works for private use.
Short quotations justified by the critical, polemic, educational, scientific or informatory nature of the incorporating work. Limited to short excerpts.
Reproduction or representation of excerpts of works for illustration for teaching and research purposes, for a clearly identified public of students/researchers, non-commercial, subject to compensation. Limited to excerpts, not full works.
English rendering
[Unofficial translation]: Art. L122-5: Once a work has been disclosed, the author may not prohibit: ... (2°) Copies or reproductions made from a lawful source, strictly reserved for the private use of the copier 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 was created, and copies of software other than backup copies ... (3°)(e) Reproduction or representation, in whole or in part, of a work of graphic, plastic or architectural art, by way of press publications or audiovisual broadcasts, exclusively for the immediate purpose of providing information and in direct connection with the latter ...
Source links
Loi n° 2016-1321 du 7 octobre 2016 pour une République numérique (Digital Republic Act)
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 Digital Republic Act of 2016 introduced France's first TDM exception at Art. L122-5(10°). However, this TDM exception was narrowly drawn: it applied only to text and data mining of works 'included in or associated with a scientific publication,' only for 'the needs of public research,' and excluded commercial purposes. The storage and communication of resulting technical files was restricted to designated bodies. This is a narrow institutional/public-research TDM exception. It covers reproduction for TDM but is restricted to public research users and scientific publications. Individually, this would be PURPLE (institutional restriction) or possibly narrower. The pre-existing private copy exception (Art. L122-5(2°)) remains in force and is still the most permissive exception for general research reproduction, covering full works for private use. The TDM exception does not broaden the overall classification beyond LIGHT BLUE because it is more restrictive in user scope (public research only) than the private copy exception (any private individual). The overall classification remains LIGHT BLUE.
Exceptions considered
Private copy exception: copies from lawful source for private use of copier, not for collective use, excluding works of art for identical purposes and software.
Short quotations for critical, educational, scientific or informatory purposes.
Reproduction or representation of excerpts for illustration for teaching and research.
TDM exception for copies/digital reproductions from lawful source for text and data mining of scientific publications, for public research needs, non-commercial. Storage and communication of technical files by designated bodies only.
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. The storage and communication of the technical files resulting from the mining operations are carried out by designated bodies.
Source links
Ordonnance n° 2021-1518 du 24 novembre 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 2021-11-26
80%
Relevant section: Art. L122-5-3
Dates: Effective 2021-11-26 · Enacted 2021-11-24
Why this score
Ordonnance No. 2021-1518 transposed EU Directive 2019/790 (DSM Directive) into French law, introducing new TDM exceptions. Art. L122-5-3 implements Art. 4 of the DSM Directive: a general TDM exception open to any user for reproductions and extractions for TDM purposes, subject to an opt-out by rightholders. Art. L122-5-3-1 (replacing the former Art. L122-5(10°)) implements Art. 3 of the DSM Directive: a TDM exception for research organizations and cultural heritage institutions that cannot be overridden by contract or opt-out. Evaluating the most permissive exception: Art. L122-5-3 (general TDM) permits 'reproductions and extractions' — these are reproduction acts, not communication or sharing. The exception is open to any user (not restricted to institutions or private individuals). It covers all types of works. However, it only covers 'reproductions and extractions,' not communication, distribution, or making available. The opt-out possibility does not change the color classification (it is a proportionality qualifier). The private copy exception (Art. L122-5(2°)) remains in force but is LIGHT BLUE. The new general TDM exception (Art. L122-5-3) is more permissive: it covers reproduction for any user (not just private use) and is not restricted to private/personal purposes. However, it does not cover sharing/communication. This maps to BLUE: reproduction of full works, open to all users and all works, but no sharing. The research-specific TDM exception (Art. L122-5-3-1) is narrower in user scope (research organizations only) but broader in that it cannot be opted out of — individually PURPLE. The general TDM exception is the most permissive and determines the color as BLUE.
Exceptions considered
Private copy exception: copies from lawful source for private use of copier, not for collective use.
Short quotations for critical, educational, scientific or informatory purposes.
Reproduction or representation of excerpts for illustration for teaching and research.
General TDM exception: reproductions and extractions for text and data mining by any person with lawful access, subject to rightholder opt-out. Covers all works, all users, reproduction only.
Research TDM exception: reproductions and extractions for TDM by research organizations and cultural heritage institutions from lawfully accessed works. Cannot be overridden by contract. Restricted to institutional users.
English rendering
[Unofficial translation]: Art. L122-5-3: I. – Reproductions and extractions from works or other subject matter to which the person carrying out the mining has lawful access, for the purposes of text and data mining, shall be permitted. II. – The copies made pursuant to I 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. III. – The provisions of I and II shall not apply where the use of the works and other subject matter has been expressly reserved by the rightholders in an appropriate manner, including by machine-readable means in the case of content made publicly available online. IV. – The provisions of this article shall not affect the application of Article L122-5-3-1 [the research TDM exception which replaced the former Art. L122-5(10°)].
Source links
Code de la propriété intellectuelle (Intellectual Property Code), as amended
Current law confirmation · Effective 2025-01-01
80%
Relevant section: Art. L122-5(2°), L122-5(3°)(a), L122-5(3°)(e), L122-5-3, L122-5-3-1
Dates: Effective 2025-01-01
Why this score
As of 2025, the French CPI applies to the French Southern Territories (TAAF). The most permissive research-relevant exception is Art. L122-5-3, the general TDM exception introduced by Ordonnance No. 2021-1518 transposing the DSM Directive. This exception permits reproductions and extractions for TDM purposes by any person with lawful access to the works, covering all types of works and all users. It does not authorize communication, distribution, or making available of the copies — only reproduction and extraction. The rightholder opt-out mechanism is treated as a proportionality qualifier and does not affect the color. The private copy exception (Art. L122-5(2°), LIGHT BLUE) and the research-institution TDM exception (Art. L122-5-3-1, PURPLE) remain in force but are less permissive than the general TDM exception. The teaching/research excerpt exception (Art. L122-5(3°)(e), RED) and quotation exception (Art. L122-5(3°)(a), RED) also remain but are less permissive. Classification: BLUE — reproduction of full works for TDM, open to all users and all works, but no sharing/communication authorized.
Exceptions considered
Private copy exception: copies from lawful source for private use of copier, not for collective use, excluding works of art for identical purposes and software.
Short quotations for critical, polemic, educational, scientific or informatory purposes.
Reproduction or representation of excerpts for illustration for teaching and research, non-commercial, subject to compensation.
General TDM exception: reproductions and extractions for text and data mining by any person with lawful access, subject to rightholder opt-out. All works, all users, reproduction/extraction only.
Research TDM exception: reproductions and extractions for TDM by research organizations and cultural heritage institutions, cannot be overridden by contract.
English rendering
[Unofficial translation]: Art. L122-5-3: I. – Reproductions and extractions from works or other subject matter to which the person carrying out the mining has lawful access, for the purposes of text and data mining, shall be permitted. II. – The copies made pursuant to I 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. III. – The provisions of I and II shall not apply where the use of the works and other subject matter has been expressly reserved by the rightholders in an appropriate manner, including by machine-readable means in the case of content made publicly available online.