France has implemented the Press review (Art. 5.3(c) 1st part InfoSoc) exception in Article L122-5, 3° (b) of the Intellectual Property Code. The national exception is much more restrictive than the EU exception.

Implementation summary:

This exception allows for press reviews of works that have been disclosed. The concept of a 'press review' is construed entirely by way of judicial interpretation of a very laconic norm and requires the allowed use to: (i) be only in a form of a journalistic column produced by a press publisher; (ii) represent a comparison between several journalistic articles reproduced in full or in part; (iii) which articles deal with the same theme or the same event; (iv) as long as the 'press review' contains an original element making it likely to in turn be the subject of a quotation in another press review. The name of the author and the source must be indicated.

Implementation details:

Beneficiaries:

  • not specified (the press, according to the judicial interpretation)

Purposes:

  • not specified (comparison between several journalistic articles, according to the judicial interpretation)

Usage:

  • not specified (dissimination and communication to the public in a form of a journalistic column produced by a press publisher, according to the judicial interpretation)

Subject Matter:

  • works (journalistic articles, according to the judicial interpretation)
  • press publications

Compensation:

  • no compensation required

Attribution:

  • the name of the author and the source must be indicated

Other Conditions:

  • the work used must be disclosed
  • the articles articles used must deal with the same theme or the same event
  • the 'press review' must contains an original element making it likely to in turn be the subject of a quotation in another press review

Introduced/last updated: 01 July 1992

Remarks: The exception extends to all related rights under art. L. 211-3, 3° IPC. However, the judicial interpretation seems to hinder its application to other subject matter, such as performances, phonograms, film fixations and broadcasts.