France

From DSM Exceptions
Revision as of 17:29, 2 December 2020 by 82.124.253.125 (talk) (→‎Summary of Developments)
(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)

France[edit]

French Republic | République française

Status of Implementation[edit]

i) Passed Law

ii) Draft: All / Some Articles

iii) No Draft


Timescales of Implementation[edit]

Governmental Documentation[edit]

Summary of Developments[edit]

(6/5/2020):French President Emmanuel Macron met with stakeholders from the cultural sector to discuss on the impact of the current COVID-19 crisis. Following the meeting, both President Macron and French Culture Minister Frank Riester indicated the government’s ambition to finalise the transposition of the Copyright in the Digital Single Market Directive and the Audiovisual Media Services Directives before end of 2020.

A bill is currently discussed by commissions in the French Parliement (Projet de loi relatif à la communication audiovisuelle et à la souveraineté culturelle à l'ère numérique (MICE1927829L) This law will implement many articles of the DSM directive, but not all. Some of the articles (for example Art. 15 ) have already be implemented (loi n° 2019-775 du 24 juillet 2019) or are already in the Code de la Proprieté intellectuelle, albeit these might need modifications to fully correspond to the text of the Directive. For example, there is an exception for teaching in the digital environment (article L. 122-5 3° e) an exception for reproduction in the context of preservation of the cultural patrimony (article L.122-5 8°) and for Text and Data Mining (TDM) for scientific research (article L. 122-5 10°). However, other norms of the DSM directive will be adopted after (within one year) the entry in force of the law on audiovisual communication by Decree. This is the case for exceptions relative to research, teaching and TDM, and also norms relating to Out-of-Commerce works and collective management of rights. Within six months from each Decree these norms will have to be ratified by the Parliament. This complex schedule is likely to suffer delays caused by the exceptional sanitary emergency (Covid19).

Approach[edit]

(e.g. Amend existing laws, repeal entirely existing law etc.)

Media Coverage[edit]

Academic Articles[edit]