Table summarising the exceptions for the benefit of archives, libraries and educational and research institutions EXCEPTION OF EDUCATION AND RESEARCH EXCEPTION OF PRESERVATION LIBRARY LENDING AND CONSULTATION - Article L. 122-5, 3°), e) of the CPI. - Sectoral agreements concluded between the Basis Article L.122-5 8° of the CPI Article L.133-1 of the CPI Ministry of National Education and the Collecting Societies. - No details contained in the law. - Libraries open to the public - Library open to the public: - Restrictive list of establishments in each sectoral Beneficiary/beneficiaries - Museums restrictive list set out under agreement. - Archive services Article R.133-1 of the CPI Conditions provided for by the law: - Extract of a work; - Solely for the purposes of illustration in the context of education and research; - Public predominantly composed of pupils, students, teachers or researchers directly concerned by the act of teaching, the act of training or the No direct or indirect research activity; economic or commercial - No publication or distribution to a party outside the No economic or commercial advantage is sought public as defined above; Conditions advantage is sought -according to the Directive of - Use does not give rise to any commercial 2006, but not expressly exploitation; transposed into the CPI- - Flat-rate remuneration; - Respect of moral rights. These conditions are adapted in each sectoral agreement depending on the type of work concerned. All intellectual works with the exception of works Solely books that were the intended for pedagogical purposes and music Works All intellectual works subject of a publishing scores. contract YES Debated in the literature Digital books YES No judicial decision, however YES Audiovisual YES NO YES Multimedia YES NO YES YES YES Article L.135-2 of the CPI Orphan works Article L.135-2 of the CPI Article L.135-2 of the CPI Unavailable books YES YES YES Rights concerned Right of representation and right of reproduction. Right of representation and right of reproduction for the purpose of conservation or consultation by Lending right the public YES YES Remuneration negotiated on a flat-rate basis. Remuneration fixed by Remuneration NO decree, paid by the State and by the booksellers (Article L.133-3) YES Three-step test YES YES
EXCEPTION OF PRESERVATION AND CONSULTATION LIBRARY LENDING EXCEPTION OF EDUCATION AND RESEARCH Basis Article L.122-5 8° of the CPI Article L.133-1 of the CPI - Article L. 122-5, 3°), e) of the CPI. - Sectoral agreements concluded between the Ministry of National Education and the Collecting Societies. Beneficiary/beneficiaries - Libraries open to the public - Museums - Archive services - Library open to the public: restrictive list set out under Article R.133-1 of the CPI - No details contained in the law. - Restrictive list of establishments in each sectoral agreement. Conditions No economic or commercial advantage is sought No direct or indirect economic or commercial advantage is sought -according to the Directive of 2006, but not expressly transposed into the CPI- Conditions provided for by the law: - Extract of a work; - Solely for the purposes of illustration in the context of education and research; - Public predominantly composed of pupils, students, teachers or researchers directly concerned by the act of teaching, the act of training or the research activity; - No publication or distribution to a party outside the public as defined above; - Use does not give rise to any commercial exploitation; - Flat-rate remuneration; - Respect of moral rights. These conditions are adapted in each sectoral agreement depending on the type of work concerned. Works All intellectual works Solely books that were the subject of a publishing contract All intellectual works with the exception of works intended for pedagogical purposes and music scores. Digital books YES Debated in the literature No judicial decision, however YES Audiovisual YES NO YES Multimedia YES NO YES Orphan works YES Article L.135-2 of the CPI YES Article L.135-2 of the CPI YES Article L.135-2 of the CPI Unavailable books YES YES YES Rights concerned Right of representation and right of reproduction for the purpose of conservation or consultation by the public Lending right Right of representation and right of reproduction. Remuneration NO YES Remuneration fixed by decree, paid by the State and by the booksellers (Article L.133-3) YES Remuneration negotiated on a flat-rate basis. Three-step test YES YES YES Table summarising the exceptions for the benefit of archives, libraries and educational and research institutions
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