France has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Article L122-5, 7° of the Intellectual Property Code. The national exception is slightly more restrictive than the EU exception.
Implementation summary:
This exception allows for reproduction and representation by legal entities and by establishments open to the public, such as libraries, archives, documentation centers and multimedia cultural spaces, of disclosed works for strictly personal consultation of the work by people suffering from one or more impairments in motor, physical, sensory, mental, cognitive or psychic functions and prevented, due to these deficiencies, to access the work in the form in which the author makes it available to the public. The provision references to arts. 122-5-1 and 122-5-2, which implement the Marakesh Directive.
Implementation details:
Beneficiaries:
- legal entities and by establishments open to the public, such as libraries, archives, documentation centers and multimedia cultural spaces
- people suffering from one or more impairments in motor, physical, sensory, mental, cognitive or psychic functions
Purposes:
- for the benefit of people with disabilities which prevent them to access the work in the form in which the author makes it available to the public
Usage:
- reproduction
- representation
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- press publications
Compensation:
- compensation required in certain cases
Attribution:
- no attribution required
Other Conditions:
- the work used must be disclosed
Introduced/last updated: 01 July 2006
Remarks: The exception extends to all related rights under art. L. 211-3, 6° IPC.
