When the work has been disclosed, the author may not prohibit the reproduction of a work and its representation made for conservation purposes, provided that it is not for economic or commercial advantage.
Use of works in catalogues for judicial sales
Article L122-5 (3°) d)
When the work has been disclosed, the author may not prohibit, provided that clearly indicated the name of the author and the source, reproduction of all or part of graphic or plastic art for including in the catalogue of a judicial sale made in France for copies made available to the public prior to the sale for the sole purpose of describing the works of art offered for sale.
Making available for research or study
Article L122-5 (8 °)
When the work has been disclosed, the author may not prohibit the reproduction of a work and its representation made to preserve the conditions of its consultation for research or private study by individuals, in the premises of the institution and dedicated terminals by museums, provided that it is not for economic or commercial advantage.
Use of orphan works
Article L113-10
The orphan work is a protected work and disclosed, the rights holder cannot be identified or found despite diligent research, proven and serious.
Where a work has more than one author and one holder of the rightholders has been identified and found, it is not considered an orphan.
Article L135-2 & following
Museum may make reproductions of orphan works for digitization, making available, indexing, cataloging, reservation and restoration purposes and provide access to individuals at their initiative. Museum can collect receivables for 7 years, solely in the amount corresponding to the costs incurred for digitization and making available to the public. . Museum can only use OW for their cultural, educational and research missions
General exceptions
Reproduction for private purposes
Article L122-5 (2 °)
When the work has been disclosed, the author may not prohibit copies or reproductions made from a legal source and strictly reserved for the use the private and not intended for public use, with the exception of copies of works art to be used for the same purpose for which the original work was created and copies of software other than the backup set in the conditions provided for in Section II of Article L. 122-6-1 and copies or reproductions of an electronic database;
Reprographic reproduction
Article L122-10
The publication of a work shall imply assignment of the right of reprographic reproduction to a society
governed by Title II of Book III and approved for that purpose by the Minister responsible for culture.
Societies
approved may conclude an agreement with users with the right management purposes so transferred, subject to the stipulations authorizing copies for purposes of sale, rental, publicity or promotion, the consent of the author or his assigns. If no designation the author or his beneficiary on the date of the publication of the work, is one of the approved societies deemed the assignee of the right.
Reprographic reproduction means the form of a copy on paper or an assimilated medium by a photographic technique having equivalent effect permitting direct reading.
Notwithstanding anything to the contrary, the provisions of this Article shall apply to all protected works whatever the date of publication.
Article L122-11
The agreements referred to in Article L. 122-10 may provide for lump sum remuneration in the cases defined in 1 ° to 3 ° of Article L. 131-4.
Use for educational and scientific research
Article L122-5 (3 °).
When the work has been disclosed, the author may not prohibit, provided that the name of the author and the source are clearly indicated,
e) The representation or reproduction of excerpts of works subject to the works designed to educational purposes and sheet music, for the sole purpose of illustration for teaching and research, including the development and dissemination of examination subjects or competitions in extra lessons to the exclusion of any activity fun and recreational, since this representation or reproduction that is intended, including through a digital workspace, a predominantly public pupils, students, teachers or researchers directly involved in the act education, training or research activity or that require this representation reproduction, it is not the subject of any publication or dissemination to third parties and to the public constituted, that the use of this representation or reproduction that give rise to any commercial operation and is offset by a negotiated fee on a basis flat without prejudice to the transfer of the right of reprographic reproduction referred to Article L. 122-10;
