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DISCLAIMER: This is a purely indicative translation. It was mostly done by Peter K (amazing job!), but may still contain errors. In case of doubt refer to the original version in French and feel free to correct this page.

Contents

[edit] CHAPTER I

Clauses modifying the intellectual property code

[edit] Article 1

Article L. 132-27 of intellectual property code is amended by the addition of a paragraph as follows:

"Organizations representing producers, professional associations of authors and organizations for the management of rights mentioned in title II of book III may jointly establish a common set of practices for the profession."

[edit] Article 2

The intellectual property code is changed as follows:

A. - At the end of the fourth paragraph of article L. 331-5, the references "to articles L. 331-6 and L. 331-7" are replaced by the references "in 1 of article L. 331-39 and in article L. 331-40";

B. - At the beginning of article L. 331-6, the words "The Authority for the regulation of technical measures set forth in article L. 331-17" are replaced with the word "It";

C. - Article L. 331-7 is changed as follows:

1 In the second sentence of the first paragraph, in the first and last sentences of the fourth paragraph, in the first sentence of the fifth and sixth paragraphs and in the two last sentences of the last paragraph, the words "the authority" are replaced with the words "the High Authority";

2 In the first sentence of the first and last paragraphs, the words "the Authority for the regulation of technical measures" are replaced with the words "the High Authority";

D. - Article L. 331-8 is changed as follows:

1 In the first paragraph, the words "in this article are guaranteed by these clauses of this article and of articles L. 331-9 and L. 331-16" are replaces with the words "in 2 of article L. 331-39 is guaranteed by the clauses of articles L. 331-7 to L. 331-10, L. 331-41 to L. 331-43 and L. 331-45";

2 At the beginning of the second paragraph, the words "The Authority for the regulation of technical measures set forth in article L. 331-17" are replaced with the word "It";

3 After the fifth paragraph are inserted two paragraphs as follows:

"- and in article L. 331-4.

"It watches also that the emplacement of technical protection measures does not have the effect of depriving persons entitled to make reproductions for the purpose of collecting, conserving, and consulting on site mentioned in 2 of article L. 132-4 and in articles L. 132-5 and L. 132-6 of the national heritage code.";

4 In the last paragraph, the words "articles L. 331-9 to L. 331-16, the authority" are replaced with the words "articles L. 331-7 to L. 331-10, L. 331-41 to L. 331-43 and L. 331-45 of this code, the High Authority";

E. - In the second sentense of the first paragraph of article L. 331-9, the reference "to article L. 331-8" is replaced with the reference "to 2 of article L. 331-39";

F. - In article L. 331-10, the reference "L. 331-9" is replaced with the reference "L. 331-7";

G. - In article L. 331-13, the reference "to article L. 331-8" is replaced with the reference "to 2 of article L. 331-39", and the words "the Authority for the regulation of technical measures" are replaced with the words "the High Authority";

H. - In article L. 331-14, the words "the Authority for the regulation of technical measures" are replaced with the words "the High Authority";

I. - Article L. 331-15 is changed as follows:

1 In the first sentence of the first paragraph, the words "the Authority for the regulation of technical measures" are replaced with the words "the High Authority";

2 In the first and second sentences of the second paragraph, the words "the authority" are replaced with the words "the High Authority";

J. - Article L. 331-16 is changed as follows:

1 At the end of the first sentence, the word "section" is replaced with the word "subsection";

2 At the end of the second sentence, the reference "L. 331-12" is replaced with the reference "L. 331-10";

K. - Article L. 331-17 is changed as follows:

1 The first paragraph is changed as follows:

a) The first sentence is deleted;

b) At the beginning of the second sentence, the words "It assures a general aim" are replaced with the words "For the sake of its aim to regulate and";

c) These words are added: ", the High Authority exercises the following functions:";

2 The two last paragraphs are modified as follows:

"The High Authority pay take referrals under advice through one of the entities set forth in article L. 331-40 for any question related to the interoperability of technical measures.

"It may also take referrals under advice through an entity benefiting from one of the exceptions mention in 2 of article L. 331-39 or through a licensed legal entity which represents it, of all questions relating to placing this exception in operation.";

L. - Articles L. 331-16 to L. 331-17, through changes in them resulting from this article and article L. 331-22 are renumbered as follows:

1 Article L. 331-6 becomes 1 of article L. 331-39;

2 Article L. 331-7 becomes article L. 331-40;

3 The first paragraph of article L. 331-8 becomes article L. 331-6;

4 The second to last paragraphs of article L. 331-8 become 2 of article L. 331-39;

5 Article L. 331-9 becomes article L. 331-7;

6 Article L. 331-10 becomes article L. 331-8;

7 Article L. 331-11 becomes article L. 331-9;

8 Article L. 331-12 becomes article L. 331-10;

9 Article L. 331-13 becomes article L. 331-41;

10 Article L. 331-14 becomes article L. 331-42;

11 Article L. 331-15 becomes article L. 331-43;

12 Article L. 331-16 becomes article L. 331-45;

13 The first paragraph of article L. 331-17 becomes the first paragraph of article L. 331-39;

14 The second and third paragraphs of article L. 331-17 become article L. 331-44;

15 Article L. 331-22 becomes article L. 331-11;

M. - Articles L. 331-18 to L. 331-21 are removed.

[edit] Article 3

In articles L. 131-9, L. 332-1, L. 335-1, L. 335-3-2, L. 335-4-2 and L. 342-3-2 of the intellectual property code, the reference "L. 331-22" is replaced with the reference "L. 331-11".

[edit] Article 4

The heading of title II of book II of the first part of the intellectual property code is changed thus: "Prevention, procedures, and sanctions".

[edit] Article 5

The first chapter of title III of book III of the first part of the same code is amended by the addition of a section 3 as follows:

"Section 3

"High Authority for the dissemination of works and the protection of rights on Internet

[edit] Subsection 1

"Areas of competence, composition and organization

"The High Authority for the dissemination of works and the protection of rights on Internet is an independent public authority. To this end it is granted authority to appear legally as an entity ["moral personality"].

"The High Authority assures:

"1 An aim to encourage the development of legal offerings and oversight of the licit and illicit use of works and objects to which are attached a right of authorship or a related right on the electronic communications networks used to furnish public on line services;

"2 An aim to protect these works and objects against violations of these rights committed on the electronic communications networks used to furnish public on line services;

"3 An aim to regulate and watch over the area of technical measures to protect and identify works and objects protected by a right of authorship or a related right.

"For the purposes of these aims, the High Authority may recommend any legislative or regulatory change. It may be consulted by the Government about any legal undertaking or decree bearing on the protection of literary or artistic property rights. It may also be consulted by the Government or by parliamentary committees on any question relating to its areas of competence.

"The High Authority sends to the Government and to Parliament each year a report of its activities, of the execution of its missions and methods, and of how its responsibilities and undertakings are affecting those who work in the various sectors concerned. This report is made public.

"The High Authority is composed of a governing body and of a committee for the protection of rights. The president of the governing body is the president of the High Authority.

"In the absence of legislation to the contrary, the aims placed on the High Authority are exercised by the governing body. In the exercise of their responsibilities, the members of the governing body and of the committee for the protection of rights are not directed by any other authority.

"The governing body of the High Authority is composed of nine members, including the president, appointed for a term of six years:

"1 A current member of the Council of State designated by the vice president of the Council of State;

"2 A current member of the Supreme Court [Cour de cassation] designated by the chief justice of the Supreme Court

"3 A current member of the Accounting Court designated by the chief justice of the Accounting Court;

"4 A member of the Superior Council for literary and artistic property designated by the president of the Superior Council for literary and artistic property;

"5 Three qualified persons jointly designated by the ministers responsible for electronic communication, consumer affairs, and culture;

"6 Two qualified persons designated respectively by the President of the National Assembly and by the President of the Senate.

"The president of the governing body is elected by the members from among the persons referred to 1, 2, and 3.

"For the members designated under qualifications 1 through 4, applicants for membership are designated following the same conditions.

"If the seat of a member of the governing body falls vacant for any reason, that seat is filled through the nomination, following the conditions set forth in this article, of a new member for the remainder of the term for that seat.

"The terms of members may be neither revoked nor renewed.

"Except in case of resignation, a member's participation may not be terminated except through impeachment by the governing body under conditions which it defines.

"Art. L. 331-17. - The committee for the protection of rights must take the measures set forth in articles L. 331-26 to L. 331-31 and in article L. 331-33.

"It is composed of three members including the president, appointed by decree for a term of six years:

"1 A current member of the Council of State designated by the vice president of the Council of State;

"2 A current member of the Supreme Court designated by the Chief Justice of the Supreme Court;

"3 A current member of the Accounting Court designated by the Chief Justice of the Accounting Court.

"Applicants for membership are nominated following the same conditions.

"If the seat of a member of the committee for the protection of rights falls vacant for any reason, that seat is filled through the nomination, following the conditions set forth in this article, of a new member for the remainder of the term for that seat.

"The terms of members may be neither revoked nor renewed.

"Except in case of resignation, a member's participation may not be terminated except through impeachment by the committee under conditions which it defines.

"The functions of a member of the governing body and a member of the committee for the protection of rights are incompatible.

"Art. L. 331-18. - I. - The functions of a member and of the general secretary of the High Authority are incompatible with exercising, or having exercised during the last three years:

"1 The functions of director, employee, or adviser of an organization regulated by title II of this book;

"2 The functions of director, employee, or adviser of an enterprise which produces sound recordings, video recordings, or the publication of works protected by a right of authorship or related rights;

"3 The functions of director, employee, or adviser of an enterprise of audiovisual communication;

"4 The functions of director, employee, or adviser of an enterprise offering services making available works or objects protected by a right of authorship or related rights;

"5 The functions of director, employee, or adviser of an enterprise whose activity is to offer access to public on line services.

"II. - After the cessation of their work, the members of the High Authority and its general secretary are subject to the clauses of article 423-13 of the penal code.

"The members of the High Authority and its general secretary may not, either directly or indirectly, retain any interest in a society or enterprise mentioned in I of this article.

"A decree establishes the model for a declaration of interests which each member must file at the time of his appointment.

"No member of the High Authority may take part in a deliberation concerning a business or an organization controled, in the sense of article L. 233-16 of the commercial code, by an enterprise in which he has, in the course of the three years preceding the deliberation, exercised any function or held any authority.

"Art. L. 331-19. - The High Authority makes use of services under the authority of its president. A general secretary, appointed by that latter, is responsible for the functioning and the coordination of such services under the authority of the president.

"The functions of a member of the High Authority and of the general secretary are incompatible.

"The High Authority establishes its bylaws and the code of ethics applicable to its members and to the agents of its services.

"The rapporteurs responsible for pursuing the High Authority's cases are appointed by the president.

"The High Authority may make use of experts. It may also, as needed, solicit the advice of administrative authorities, external organizations, or associations representing the users of electronic communication networks, and it may be consulted for advice by these same authorities or organizations.

"The High Authority proposes, in the course of preparing the [Government's] annual budget, the amount needed to accomplish its aims.

"The president presents the accounts of the High Authority under the supervision of the Accounting Court.

"Art. L. 331-20. - The decisions of the governing body and of the committee for the protection of rights are made by majority vote. Within the governing body, in case of a tie vote the president's vote is decisive.

"Art. L. 331-21. - For the exercise by the committee for the protection of rights of its [attributions?], the High Authority uses sworn public agents authorized by the president of the High Authority under conditions established by a decree of the Council of State. This authorization does not provide exemption from the clauses defining procedures authorizing access to secrets protected by the law.

"The members of the committee for the protection of rights and the agents mentioned in the first paragraph receive referrals addressed to the committee under the conditions set forth in article L. 331-24. They proceed to examine the facts and certify the material status of failures to comply with article L. 336-3.

"They may, as necessitated by the procedure, obtain all documents of whatever type, including data held or processed by the operators of electronic communications in applying article L. 34-1 of the code concerning e-mail and electronic communication and the service suppliers mentioned in 1 and 2 of I of article 6 of law 2004-575 of 21 June 2004 for confidence in the digital economy.

"They may also obtain copies of the documents mentioned in the preceding paragraph.

"They may, in particular, obtain from the operators of electronic communications the identity, the postal address, the electronic address and the telephone numbers of the subscriber whose access to public on line communication services has been used to reproduce, represent, make available, or communicate to the public protected works or objects without authorization from the owners of the rights set forth in books I and II when it is required.

"Art. L. 331-22. - The members and public agents of the High Authority are bound by professional secrecy concerning the facts, acts, or information of which they have knowledge in the exercise of their functions, under the conditions set forth in article 413-10 of the penal code and, except for what is needed to establish cases, the recommendations and requirements in article 226-13 of that code.

"Under the conditions set forth in article 17-1 of law 95-73 of 21 January 1995 for training relative to security, the granting authority nto the agents mentioned in article L. 331-21 of this code is preceded by administrative inquiries intended to verify that their comportment is not incompatible with the exercise of their functions or aims.

"The agents must, moreover, fulfill the moral conditions and observe the ethical rules defined by decree of the Council of State.

[edit] Subsection 2

"Aim to encourage the development of legal offerings and a view of the licit and illicit use of works and objects protected by a right of authorship or by a related right on the electronic communications networks

"Art. L. 331-23. - In order to fulfill its aim to encourage the development of legal offerings, commercial or not, and to keep under observation the use, licit or illicit, of works and objects protected by a right of authorship or by a related right on electronic communication networks, the High Authority publishes each year a list of indicators established by decree. It presents the development of legal offerings in the report mentioned in article L. 331-14.

"Under conditions established by decree of the Council of State, the High Authority provides to the offers of persons whose activity is to offer on line communication service to the public a label permitting the users of this service to identify clearly the legal nature of these offers. These labels are reviewed periodically.

"The High Authority supervises the establishment, the validity, and the maintenance up to date of a reference portal for the aforementioned offers.

"In addition, it evaluates experiments conducted in the area of technologies to recognize content and filtering by the creators of these technologies, the owners of rights to the works and objects protected and the persons whose activity is to offer public on line services. It takes account of the principal developments in this matter, particularly concerning the effectiveness of such technologies, in its annual report set forth in article L. 331-14.

"It identifies and studies the technical means permitting the illicit usage of works and objects protected by a right of authorship or by a related right on electronic communication networks. In the report set forth in article L. 331-14, it proposes solutions to remedy these, as the case may be.

[edit] Subsection 3

"Mission to protect works and objects to which is attached a right of authorship or a related right

"Art. L. 331-24. - The committee for protection of rights acts on the referral of sworn agents licensed following the conditions defined in article L. 331-2 who are designated by:

"- duly constituted professional organizations

"- organizations for the management of rights;

"- the National Center for Cinematography.

"The committee for protection of rights may also act on the basis of information transmitted to it by the national prosecutor.

"It may not take referrals on acts older than six months.

"Art. L. 331-25. - The measures taken by the committee for protection of right are limited to those necessary to end a violation of obligations defined in article L. 336-3.

"Art. L. 331-26. - When it proceeds on acts that may constitute violation of obligations defined in article L. 336-3, the committee for protection of rights may send to the subscriber, under its seal and on its own, by electronic means and through the entity whose activity is to offer access to on line communication services to the public which has a contract with the subscriber, an injunction referring to the clauses of article L. 336-3, enjoining him to respect the requirement that body defines and warning of the sanctions risked if that presumed violation continues. This injunction also contains information for the subscriber about legal cultural offerings on line, on the existence of security methods to warn of failure to meet the requirements defined in article L. 336-3, and on the dangers for the renewal of artistic creation and for the economy of the cultural sector of practices which do not respect the right of authorship and related rights.

"If, within a period of six months from the sending of the injunction described in the first paragraph, there is repetition of acts which may constitute violation of the obligation defined in article L. 336-3, the committee may deliver a new injunction constituting the same information as the previous one by electronic means following the conditions set forth in the first paragraph. It may add to this injunction a receipted letter or any other method needed to establish proof of the date this injunction was sent.

"Injunctions sent on the basis of this article state the date and the time at which the acts possibly constituting violation of the obligation defined in article L 336-3 took place. However, they do not divulge the content of the protected works or objects affected by this violation. They indicate the telephone numbers and postal and electronic addresses to which the addressee may, if he wishes, send comments to the committee for protection of rights and obtain, if he expressly asks, the specifics of the content of the protected works or objects which are the concern of the violation of which he is accused.

"The validity of injunctions sent on the basis of this article may not be contested except by appeal for recourse directed against a decision to sanction pronounced in applying article L. 331-27.

"Art. L. 331-27. - When it is held that the subscriber has failed to recognize the obligation defined in article L 336-3 during the year following the reception of an injunction sent by the committee for protection of rights and accompanied by a receipted letter or any other method needed to establish proof of the date that the injunction was sent and that when the subscriber received it, the committee may, after a hearing, pronounce, as a result of the gravity of the violations and the use of access, one of the following sanctions:

"1 The suspension of access to service for a duration of two months to one year accompanied by making it impossible for the subscriber to subscribe during that period to another contract giving access to a public on line communication service with any operator;

"2 A warning to take, within a time it determines, measures to prevent the renewal of the accused violation, particularly a method of security found on the list defined in the second paragraph of article L. 331-32, and to inform the High Authority, if necessary under duress.

"The sanctions set forth in this article are imposed under the following conditions.

"The committee reminds the subscriber of the injunctions he has already received, as well as their background. It notifies him of the new acts of which he is accused and indicates to him the measures it may take against him. The subscriber is also informed that he may use a lawyer's help, may have access to the entirety of the case file concerning him, and present written and oral observations.

"The committee may also hear any person whose testimony seems to it likely to contribute to its information.

"The decisions through which the committee imposes one of the sanctions set forth in this article are explained. They specify the reasons for which the elements gathered in the hearing are insufficient to cast doubt on the existence of the presumed violation of the obligation for vigilance defined in article L. 336-3, nor to sustain the existence of any of the reasons for exoneration set forth in the same article.

"The committee notifies the subscriber of the sanction imposed on him and informs him of the methods and scheduling of appeal and, if the sanction consists of the suspension of access to service, of his placement on the register prescribed in article L. 331-33 and the temporary impossibility to suscribe, during the period of suspension, to another contract for access to public on line communication service with any operator.

"No sanction may be taken on the basis of this article for acts concerning a protected work or object all of whose rights-holders reside in a foreign State or a territory outside France with privileged fiscal status, mentioned in article 238 A of the general tax code, with the persons mentioned in article L. 331-24 being required to specify that the object of their referral to the committee for protection of rights does not fall within this case.

"Sanctions taken under this article may be appealed for annulment or modification by the conflicting parties in courts of law, taken within thirty days following notification to the subscriber.

"A decree of the Council of State establishes the conditions in which sanctions may be postponed.

"A decree determines the jurisdictions competent to hear these appeals.

"Art. L. 331-28. - Before imposing a sanction procedure under the conditions set forth in article L. 331-27, the committee for protection of rights may propose to the subscriber a transaction whereby he undertakes not to repeat the accused violation of his obligation set forth in article L. 336-3 or to prevent its repetition. In this case, the subscriber is informed of his right to be aided by legal counsel. The transaction may entail one of the following sanctions:

"1 Suspension of access to service for a duration of one to three months, accompanied by the impossibility, during that period, of subscribing to another contract for access to a public on line communication service with any operator;

"2 An obligation to take, within a period that the committee for protection of rights determines, measures intended to prevent the repeated declared violation, particularly a means of security found on the list defined in the second paragraph of l'article L. 331-32, and to report on them to the High Authority.

"No sanction may be imposed on the basis of this article for acts concerning a protected work or object all of whose rights-holders reside in a foreign State or a territory outside France with a privileged fiscal environment mentioned in article 238 A of the general tax code, the persons mentioned in article L. 331-24 having the responsibility to specify that the object of their referral to the committee for protection of rights is not such a case.

"Art. L. 331-29. - If the subscriber fails to execute a transaction which he has accepted, the committee for protection of rights may impose one of the sanctions set forth in article L. 331-27.

"Art. L. 331-30. - The suspension of access mentioned in articles L. 331-27 and L. 331-28 does not, in itself, affect paying the price of subscription to the service provider. Article L. 121-84 of the consumer code does not apply during the period of suspension.

"The costs of a possible closure of the subscription during the period of suspension are born by the subscriber.

"The suspension applies only to access to public on line communication services and to electronic communications. When this access service is purchased as part of commercial composite services including other types of services, such as telephone or television services, the decision of suspension does not apply to these services.

"Art. L. 331-31. - When the sanction mentioned in article L. 331-27 or in article L. 331-29 or the transaction mentioned in article L. 331-28 constitutes suspension of the subscriber's access, the committee for protection of rights notifies that suspension to the entity whose activity is to offer access to public on line communication services which has a contract with the concerned subscriber, and enjoines it to put this suspension in place within a period of from at least forty-five days to at most sixty days.

"If this entity fails to obey the injunction sent to it, the committee for protection of rights may, after a hearing, impost on it a monetary sanction up to a maximum of 5,000 [euro] per accused violation of the obligation set forth in the first paragraph.

"Sanctions imposed in the application of this article may be subject to appeal for annulment or modification by the contesting parties in judicial court.

"A decree of the Council of State establishes the conditions under which sanctions may be postponed

"A decree determines the jurisdictions competent to hear these appeals.

"Art. L. 331-32. - After consultating the creators of means of security intended to prevent illicit use of access to a public on line communication service, entities whose activity is to offer access to such a service, as well as companies governed by title II of this book and duly constituted professional societies, the High Authority makes public the functionally pertinent specifications presented by these means considered, in its view, as exonerating from responsibility the owners of such access under the conditions of article L. 336-3.

"In the course of a procedure of certified evaluation of their conformity to the specifications set forth in the first paragraph and their effectiveness, the High Authority establishes a list characterizing the methods of security whose use exonerates the owner of access of his responsibility with respect to article L. 336-3. This characterization is periodically reviewed.

"A decree of the Council of State specifies the evaluation procedure to characterize these methods of security.

"Art. L. 331-33. - The High Authority establishes a national register of persons who have been subject to suspension of their access to a public on line communication service through the application of articles L. 331-27 to L. 331-29.

"An entity whose activity is to offer access to public on line communication services verifies, upon entering into every new contract or renewal of an expiring contract for furnishing such service, whether the co-contractant appears in this register. It may also verify when one of its subscribers wishes to terminate his contract because an interruption of service justifies this, according to him, whether the subscriber appears in this register.

"For each accused violation of the requirement for consultation set forth in the first phrase of the second paragraph or for each contract made by this person with the provider not checking his appearing in the register, the committee for protection of rights may, after an appeal hearing, impose a monetary sanction in an amount no greater than 5,000 euros.

"Sanctions taken in applying this article may be subject to appeal for annulment or modification by the conflicting parties in a court of law.

"A decree of the Council of State determines the conditions under which sanctions may be postponed.

"A decree determines the jurisdictions competent to hear these appeals.

"Art. L. 331-34. - Information gathered in verifications against the register mentioned in article L. 331-33 by the entities whose activity is to offer access to public on line communication services, under the conditions defined in the same article, may not be retained by these entities, nor be communicated except to the extent of concluding or not concluding the contract to furnish the communication services which led to this verification.

"Art. L. 331-35. - Entities whose activity is to offer access to public on line communication services include in the contracts made with their subscribers, clearly and readably, the clauses of article L. 336-3 and the measures which may be taken by the committee for protection of rights as well as the means of recourse possible possible in applying articles L. 331-26 to L. 331-31 and L. 331-33. They also include in the contracts made with their subscribers the penal and civil sanctions for violation of authorial rights and related rights.

"Moreover, entities set forth in the first paragraph of this article inform their new subscribers and persons continuing their subscription contracts about legal on line cultural offerings, about the existence of means of security to warn against violations of the obligation defined in article L. 336-3, as well as the dangers for the renewal of artistic creation and for the economy of the cultural sector of practices not respecting authorial rights and related rights.

"Art. L. 331-36. - The committee for protection of rights may retain technical data placed at its disposition during the period necessary for the exercise of the tasks confided to it in this subsection and, at the latest, until such time as the suspension of access set forth by these clauses has been entirely carried out.

"The entity whose activity is to offer access to public on line communication services must inform the committee for protection of rights of the end of the suspension so that the latter may delete data held.

"Art. L. 331-37. - The High Authority is authorized to create automated handling of personal data bearing on persons who are the object of a precedure in the context of this subsection.

"This handling has as its end to put into place, by the committee for protection of rights, the measures set forth in this subsection and of all related procedures, as well as the national register set forth in article L. 331-33, in particular permitting entities whose activity is to offer access to public on line communication service to make available, in the form of a simple inquiry, the information strictly necessary to proceed with the verification set forth in the same article.

"A decree of the Council of State, taken after advice from the national Committee on Informatics and Liberties, sets the means by which the present article is applied. It specifies particularly:

"- the categories of data recorded and how long they are kept;

"- who is authorized for access to these data, specifically the entities whose activity is to offer access to public on line communication services;

"- the conditions under which interested persons may exercise, with the High Authority, their right of access to data concerning them in conformance with law 78-17 of 6 January 1978 relating to informatics, files, and liberties.

"Art. L. 331-38. - A decree of the Council of State establishes the rules applicable to the procedure and the handling of cases before the governing body and the committee for protection of rights of the High Authority.

"Concerning measures pronounced by the committee for protection of rights in applying article L. 331-27, this decree specifies in particular the conditions under which the exercise of the rights of defense guarantees, in an effective way, respect for the principle of personal responsibility of the subscribers penalized. To this end it defines the conditions under which may be produced for use, at each stage of the procedure, all elements that may establish that he has put into use one of the methods of security on the list mentioned in the second paragraph of article L. 331-32, that the violation of the right of authorship or a related right is the act of a person who has fraudulently used access to the public on line communication service, or the existence of force majeure."

[edit] Article 6

Section 3 of chapter I of title III of book III of the first part of the same code, in its edited version resulting from article 5, is amended by the addition of a subsection 4 headed:

"Aim of regulating and watching over the area of technical measures of protection and identification works and objects protected by a right of authorship or a related right" which comprises articles L. 331-39 to L. 331-45.

[edit] Article 7

4 of article L. 32-1 and article L. 335-12 of the same code are deleted.

[edit] Article 8

Article L. 335-3 of the same code is amended by the addition of a paragraph as follows:

"Equally a crime of counterfeiting is any total or partial capture of a cinematographic or audiovisual work in a cinema theater."

[edit] Article 9

The title of chapter VI of title III of book III of the first part of the same code is changed thus: "Prevention of downloading and illicitly making available works and objects protected by a right of authorship or a related right".

[edit] Article 10

Article L. 336-2 of the same code is changed as follows:

"Art. L. 336-2. - In the presence of infringement of a right of authorship or a related right within the contents of a public on line communication service, the Superior Court, decreeing as required on the form of the hearing, may order at the request of the owners of protected works and objects, of the holders of their rights, of societies for the management of rights set forth in article L. 321-1 or professional organizations set forth in article L. 331-1, all measures needed to prevent or halt such damage to a right of authorship or a related right, against any entity able to help remedy it."

[edit] Article 11

Chapter VI of title III of book III of the first part of the same code is amended by the addition of two articles L. 336-3 and L. 336-4 as follows:

"Art. L. 336-3. - The owner of access to online public communication services has an obligation to watch that this access is not being used for purposes of reproduction, representation, making available or communication to the public of works or objects protected by right of authorship or a related right without permission of copyright holders when it is required as stated in books I and II.

"No sanction can be taken against the owner of the access in the following cases:

"1 If the owner of the access has secured his access through one of the means on the list mentioned in the second paragraph of article L. 331-32 ;

"2 If the rights infringement referred to in the first paragraph of this article is committed by a person who fraudulently used the access to online public communication service;

"3 In case of force majeure.

"The breaching of the obligation defined in the first paragraph by an access owner hasn't the effect of involving his penal reponsibility.

"Art. L. 336-4. - The essential characteristics of authorized usage of a protected work or object made available by a public on line communication service are brought to the user's attention in an easily accessible way, in conformance with article L. 331-10 of this code and with article L. 111-1 of the consumer code."

[edit] Article 12

Article L. 342-3-1 of the same code is changed as follows:

1 At the end of the second paragraph, the words "in articles L. 331-8 and following" are replaced with the words "in 2 of article L. 331-39 and in articles L. 331-7 to L. 331-10, L. 331-41 to L. 331-43 and L. 331-45";

2 In the last paragraph, the words "the Authority for regulation of technical measures set forth in article L. 331-17" are replaced with the words "the High Authority for the dissemination of works and the protection of rights on Internet set forth in article L. 331-12".

[edit] CHAPTER II

Clauses modifying law 2004-575 of 21 June 2004 for confidence in the digital economy

[edit] Article 13

1 of I of article 6 of law 2004-575 of 21 June 2004 for confidence in the digital economy is amended by the addition of a paragraph as follows:

"The entities set forth in the preceding paragraph inform them also of the existence of means of security able to warn of violations of the obligation defined in article L. 336-3 of the intellectual property code and and proposing to them at least one of the methods on the list set forth in the second paragraph of article L. 331-32 of the same code."

[edit] CHAPTER III

Clauses modifying the code of mail and electronic communications

[edit] Article 14

To the first sentence of II of article L. 34-1 of the code of mail and electronic communications, after the words "penal infractions" are inserted the words "of a violation of the obligation defined in article L. 336-3 of the intellectual property code", and after the words "the judicial authority" are inserted the words "or of the High Authority mentioned in article L. 331-12 of the intellectual property code".

[edit] CHAPTER IV

Clauses modifying the education code

[edit] Article 15

Article L. 312-6 of the education code is amended by the addition of a paragraph as follows:

"In the framework of these teachings, students are informed of the dangers of downloading and of illicitly making available works or objects protected by a right of authorship or a related right for artistic creation."

[edit] Article 16

Article L. 312-9 of the education code is amended by the addition of a paragraph as follows:

"Within this framework, in particular when preparing secondary students for the certificate in informatics and Internet, they receive from teachers previously sensitized in this subject information on the risks associated with using public on line communication services, on the dangers of downloading and illicitly making available works and objects protected by a right of authorship or a related right for artistic creation, as well as the sanctions for violating the obligation defined in article L. 336-3 of the intellectual property code and the crime of counterfeiting. This information also covers the existense of legal offerings of works and objects protected by a right of authorship or a related right on public on line communication services."

[edit] CHAPTER V

Clauses modifying the film industry code

[edit] Article 17

Title II of the film industry code is amended by the addition of a chapter IV as follows:

"CHAPTER IV

"Delays in the exploitation of cinematographic works

"Art. 30-4 - A cinematographic work may be exploited in the form of video recordings intended for sale or rental for private use by the public at large at the expiration of a delay of four months counting from the date of its first showing in cinema theaters. The stipulations of the contract for acquiring rights for this exploitation may derogate this delay under the conditions set forth in the second paragraph. The stipulations of the contract for acquiring right for this exploitation predict the conditions under which may be applied a longer delay in conformance with the modalities set forth in the third paragraph.

"Establishing a shorter delay is depends on a showing by the national Center for cinematography, particularly in light of the results of displaying the cinematographic work in cinema theaters, of a derogation giving under the conditions fixed by decree of the Council of State. This derogation may not effectually reduce the delay by more than four weeks.

"Complaints related to setting a longer delay may be subject to mediation by the cinema mediator in the framework of the aims confided in him by article 92 of law 82-652 of 29 July 1982 on audiovisual communication.

"Art. 30-5. - I. - The contract agreed upon by a producer of on-demand audiovisual media services for the acquisition of rights related to making publically available a cinematographic work incorporate the delay to the term in which this availability may intervene.

"When there exists a professional agreement bearing on the delay applicable to a method of exploiting cinematographic works by on-demand audiovisual media services, the delay expected under this agreement applies to the producers of services and to the signatory members of professional organizations. This agreement may bear on one or several categories of services. It may be made mandatory for all the interested parties of the sectors of activity and the producers of services concerned under the conditions set forth in article 30-7.

"In the absence of a professional agreement made mandatory within a month counting from the publication of law [number unassigned] encouraging the dissemination and the protection of creation on Internet, the cinematographic work may be made publically available by a producer of on-demand audiovisual services under the conditions set forth in article 30-4 for services paid per use and under the conditions set forth by decree for other services.

"The contract agreed upon by a producer of television services for the acquisition of rights relative to the dissemination of a cinematographic work incorporate the delay to the period in which this dissemination may intervene.

"When there exists a professional agreement bearing on the delay application to the mode of exploitation of cinematographic works by the television services, the delay set forth by this agreement is binding on the producers of services and on members of the signatory professional organizations. This agreement may bear on one or several categories of services. It may become mandatory for all interested parties of the sectors of activity and for the producers of the relevant services under the conditions set forth in article 30-7.

"The professional agreements mentioned in articles 30-5 and 30-6 may become mandatory by order of the minister of culture if they have been signed by the professional organizations representing the cinema sector, and, depending on the case:

"- one or several professional organizations representing the relevant sectors;

"- one or several professional organizations representing the relevant sectors and a group of the producers of services representative of one or several categories of services;

"- a group of the producers of services representative of one or several categories of services.

"The extent to which a professional organization or a group of producers of services is representative is proportional in particular to the number of operators concerned and to their importance in the market under consideration. If the need arises to determine the extent to which a professional organization of a group of producers of services is representative, they furnish the minister of culture the elements they have to show this importance.

"Subject to the sanction set forth in 2 of article 13:

"1 Disregard for the minimum delay resulting from the clauses in article 30-4 and the decree mentioned in II or article 30-5;

"2 Disregard for the delay set forth by a professional agreement made mandatory under the conditions set forth in article 30-7."

[edit] CHAPTER VI

Various clauses

[edit] Article 18

In the second sentence of the second paragraph of article L. 462-1 of the commercial code, after the word "industry" are inserted the words "of the High Authority for the dissemination of works and the protection of rights on Internet,".

[edit] Article 19

I. - A decree of the Council of State sets forth the modalities according to which the obligations to which are subject, in applying articles L. 331-31, L. 331-33, L. 331-34 and L. 331-35 of the intellectual property code, entities whose activity is to offer access to public on line communication services come into force, particularly concerning contracts in course.

II. - Articles L. 331-5 to L. 331-45 of the same code, in their edited form resulting from this law, come into force on the date of the first meeting of the High Authority for the dissemination of works and the protection of rights on Internet, and at the latest 1 November 2009.

III. - Procedures in course before the Authority for regulating technical measures at the date of the first meeting of the High Authority for the diffusion of works and the protection of rights on Internet are to be pursued automatically before the governing body of the High Authority.

IV. - For the constitution of the governing body of the High Authority mentioned in article L. 331-16 of the same code, the president is elected for six years. The term of office of the other eight members is established by drawing lots at two years for three of them, at four years for three others, and at six years for the two last.

For the constitution of the committee for protection of rights mentioned in article L. 331-17 of the same code, the president is named for six years. The term of office for the two other members is established by drawing lots at two years for one of them and at four years for the other.

The measures set forth in articles L. 331-27 and L. 331-28 of the intellectual property code, in their changed form resulting from this law, may not be taken unless the new violation, following on those which justified applying the recommendations mentioned in article L. 331-26 of the intellectual property code, was committed after the expiration of a delay of three months following the first publication by the High Authority, of the list mentioned in article L. 331-32 of the same code, in its form resulting from this law.

[edit] Article 20

I. - The intellectual property code is changed as follows:

1 The last paragraph of article L. 121-8 is replaced with two paragraphs as follows:

"For all works published by the press in the sense of article L. 132-35, the author retains, unless it is stipulated to the contrary, the right to reproduce and to exploit his works in any form whatever, except for rights ceded under the conditions set forth in section 6 of chapter II of title III of book I.

"In all cases, the author's exercise of his right supposes that this reproduction or this exploitation is not such as to compete with this press title.";

2 Chapter II of title III of book I of the first part is amended by the addition of a section 6 as follows:

"Section 6

"Right to exploit the works of journalists

"Art. L. 132-35. - By press title is understood, in the sense of this section, the organ of the press to which the professional journalist has contributed, as well as all versions of the title in any form, any means of dissemination and consultation. Excluded are audiovisual communication services in the sense of article 2 of law 86-1067 of 30 September 1986 relating to freedom of communication.

"Included within publication under a press title is the dissemination of all or part of its contents by a public on line communication service or by any other service, produced by a third party, when such dissemination is made under the editorial control of the director of the publication whose content is disseminated or when it appears in a space dedicated to the press title from which the disseminated content is extracted.

"Also included within publication under a press title is the dissemination of all or part of its content by a public on line communication service produced by the press enterprise or by the group to which it belongs or produced under their responsibility, where the aforementioned press title is required to appear.

"Art. L. 132-36. - Except for the clauses of article L. 121-8, the convention binding a journalist who is professional or included within the sense of articles L. 7111-3 and following of the labor code, who contributes either permanently or part time to the work of a press title, and his employer accords to the owner, unless stipulated to the contrary, exclusive possession of the rights of exploitation of the journalist's works made in the framework of this title, whether published or not.

"Art. L. 132-37. - The exploitation of the journalist's work in differeent media, in the framework of the press title defined in article L. 132-15 of this code, has as its sole reward the salary, during a period fixed by agreement with the enterprise or, by default, by any other collective agreement in the sens of articles L. 222-1 and following of the labor code.

"This period is determined taking into consideration particularly the periodicity of the press title and the nature of its contents.

"Art. L. 132-38. - The exploitation of the work in the press title, after the period set forth in article L. 132-37, is remunerated in the form of authorial rights or salary, under conditions determined by the agreement with the enterprise or, by default, by any other collective agreement.

"Art. L. 132-39. - When the producing company or the company which controls it, in the sense of article L. 233-16 of the commercial code, produces several press titles, an enterprise-wide agreement may set forth the dissemination of the work by other titles of this business or the group to which it belongs, if these titles and the initial press title belong to the same coherent press family. This agreement defines the notion of coherent press family or establishes the list of each of the press titles concerned.

"The exploitation of the journalist's work within the coherent press family must incorporate permit the identification of the said journalist and, if the agreement sets it forth, the press title in which the work was first published.

"These re-uses outside the press title such as defined in article L. 132-35 of this code give rise to remuneration, in the form of authorial rights or salary, under conditions determined by the enterprise-wide agreement mentioned in the first paragraph of this article.

"Art. L. 132-40. - Any cession to exploit the work outside the initial press title or of a coherent press family must be by an express agreement made beforehand by its individual author or under a collective agreement, without prejudice in the second case to the exercise to the journalist's moral right.

"These uses give rise to remuneration in the form of authorial rights under the conditions determined by individual or collective agreement.

"Art. L. 132-41. - When the author of a fixed image is a professional journalist who earns most of his income from exploiting such works or who works part time in preparing a press title, the cession of the rights of exploitation such as set forth in article L. 132-36 does not apply unless this work was ordered by the press enterprise.

"The conditions under which the second paragraph of article L. 121-8 apply to ceded works in applying the first paragraph of this article are specified by a collective or individual agreement.

"Art. L. 132-42. - The authorial rights mentioned in articles L. 132-38 and following are not in the form of salary. They are determined in confirmance with articles L. 131-4 and L. 132-6.

"Art. L. 132-43. - Collective agreements may assign the management of rights mentioned in articles L. 132-38 and following to one of the societies for managing rights mentioned in articles L. 321-1 and following.

"Art. L. 132-44. - A committee is created, headed by a representative of the State, and further composed in half by representatives of representative professional press organizations and in half by representatives of representative unions of professional journalists.

"The State representative is appointed from among the members of the Supreme Court, the Council of State or the Accounting Court, by decree of the minister for communication.

"Unless there is an enterprise-wide agreement is concluded within six months counting from the publication of law [number unassigned] encouraging the dissemination and protection of creation on Internet, and in the absence of any other applicable collective agreement, one of the parties to negotiating the enterprise-wide agreement may approach the committee to determine the modes and bases of the remuneration due in exchange for rights of exploitation. The demand may also bear on the identification of the titles comprising a coherent press family within the group, in application of article L. 132-39.

"For enterprise-wide agreements concluded for a fixed duration which expire or for those which are rejected by one of the parties, the committee may be approached under the same conditions and for the same questions as in the preceding paragraph, if no enterprise-wide agreement is reached in the six months following the date of the expiration of the agreement of fixed duration or lacking the formation of a substitute agreement within the delay set forth in article L. 2261-10 of the labor code following rejection of the previous agreement.

"The committee seeks with the parties a compromise solution to arrive at an agreement. To this end it may refer to existing relevant agreements with respect to the form of press under consideration. It renders its decision within a delay of two months counting from when it is approached.

"The committee makes its decision by a majority of its members present. In case of tie, the president's vote is decisive.

"The decisions of the committee come into force if, within one month, its president has not demanded a second deliberation. They are communicated to the parties and to the minister of communication, who assures that they are published.

"The intervention of the committee's decision does not prevent the press businesses concerned from engating in a new collective negotiating. The collective agreement resulting from this negotiation replaces the committee's decision, after it is filed with the more diligent party with the administrative authority, conformant with article L. 2231-6 of the labor code.

"A decree of the Council of State sets the conditions of application of this article, in particular the composition, the modalities of involvement, and the functioning of the committee as well as the means of legal recourse against its decisions.

"Art. L. 132-45. - Article L. 132-41 applies counting from the entry into force of a branch agreement determining the minimum salary of professional journalists who make their principal income from the exploitation of fixed images and who work part time on a press title. This agreement takes account of whether the cession is exclusive or not.

"In the absence of an agreement within two years counting from the publication of law [number unassigned] encouraging the dissemination and protection of creation on Internet, a decree establishes the conditions which determine this minimum salary."

II. - The labor code is changed as follows:

1 After article L. 7111-5 is inserted an article L. 7111-5-1 as follows:

"Art. L. 7111-5-1. - Collaboration between a press business and a professional journalist applies to the entirety of means of publication of the press title such as defined in the first paragraph of article L. 132-35 of the intellectual property code, unless stipulated to the contrary in the work contract or in any other regular convention.";

2 Article L. 7113-2 is changed as follows:

"Art. L. 7113-2. - All work ordered or accepted by the producer of a press title in the sense of article L. 132-35 of the intellectual property code, whatever its means of publication, is remunerated, even if it is not published.";

3 Chapter III of title I of book I of the seventh part is amended by the addition of two articles L. 7113-3 and L. 7113-4 as follows:

"Art. L. 7113-3. - When the work of a professional journalist gives rise to publication under conditions defined in article L. 132-37 of the intellectual property code, the remuneration which he receives is a salary.

"Art. L. 7113-4. - The mandatory negotiation set forth in articles L. 2241-1 and L. 2241-8 bear also on salaries paid to professional journalists who contribute, either permanently or part time, to a press title."

III. - After article L. 382-14 of the social security code is inserted an article L. 382-14-1 as follows:

"Art. L. 382-14-1. - Income paid in application of article L. 132-42 of the intellectual property code are subject to deductions for social insurance and family allocations under conditions set forth in this chapter."

IV. - During the three years following publication of this law, agreements related to the exploitation of the different means of publication of journalists' works signed before the entry into force of this law continue to apply until their date of expiry, unless rejected by one of the parties. In press businesses where such agreements have not been concluded by the date of entry into force of this law, agreements mentioned in article L. 132-37 of the intellectual property code determin, in particular, the amount of remuneration owed to professional journalists in application of articles L. 132-38 to L. 132-40 of the same code, for the period comprising the entry into force of this law and the entry into force of these agreements.

[edit] Article 21

I. - The beginning of 8 of article L. 122-5 of the intellectual property code is changed as follows:

"8 The reproduction of a work or its representation made for the purpose of conservation or to preserve the conditions to consult it for purposes of research or private study by individuals, on the site of the establishment and on terminals for that purpose in libraries... (the rest unchanged)".

II. - In 7 of article L. 211-3 of the same code, after the word "reproduction" are inserted the words "and of representation" and the words "on site" are replaces with the words "for purposes of research or private study by individuals, on the site of the establishment and on terminals for that purpose".

[edit] Article 22

In the second sentence of the first paragraph of article 15 of law 2006-961 of 1 August 2006 concerning the right of authorship and of related rights in the information society, the words "is required to transmit to this service" are replaced with the words "is required, at the request of this service, to transmit to it".

[edit] Article 23

I. - Deleted:

1 Article 89 of law 82-652 of 29 July 1982 on audiovisual communication;

2 Article 70-1 as well as the third and fourth paragraphs of article 79 of law 86-1067 of 30 September 1986 concerning freedom of communication

II. - In the penultimate paragraph of IV of article 30-2 of law 86-1067 of 30 September 1986 concerning freedom of communication, the referencd "L. 331-11" is replaced with the reference "L. 331-9".

III. - 1. law 96-299 of 10 April 1996 concerning experimentation in the area of information technologies and services is deleted.

2. In article 15 of law 97-283 of 27 March 1997 bringing into the intellectual property code EC Council directives 93/83 of 27 September 1993 and 93/98 of 29 October 1993, the words "mentioned in article 3 of law 96-299 of 10 April 1996 concerning experimentation in the area of information technologies and services" are deleted.

3. III of article 22 of law 96-659 of 26 July 1996 regulating telecommunications is deleted.

4. Article 18 of law 99-533 of 25 June 1999 orienting toward the durable management and development of the land and modifying law 95-115 of 4 February 1995 orienting toward the durable management and development of the land is deleted.

[edit] Article 24

The fifth paragraph of article 99 of law 86-1067 of 30 September 1986 previously cited is changed as follows:

1 In the first sentence, after the word "analogue" are inserted the words "unencrypted national services";

2 After the first sentence is inserted a sentence as follows:

"It establishes, at least three months in advance, for each geographic zone, the date when analog transmission of local and national services whose authorization for this mode expires before 30 November 2011."

[edit] Article 25

I. - The national Center for Cinematography is charged to initiate or set out, before 30 June 2009, setting up a reference portal to encourage the development of legal offerings of French or European cinematographic works.

II. - Within three months counting from the entry into validity of this law, public on line communication services that propose the on line sale of sound recordings form, for the exploitation of this service and respecting recognized rights and exclusivities, an agreement to commercialize these sound recordings in the framework of an offer without technical protection measures when this does not permit interoperability.

[edit] Article 26

I. - Except for articles 15 and 16, of III de of article 27 and of article 28, this law applies to Wallis and Futuna and in New Caledonia.

II. Article L. 811-1 of the intellectual property code is changed as follows:

1 The words "Mayotte except for the fourth paragraph of article L. 335-4 and articles L. 133-1 to L. 133-4 and taking account of changes set forth in the following articles. Taking the same account, they are applicable" and the words ", in the southern Territories and French Antartic" are deleted;

2 After the first paragraph are inserted two paragraphs as follows:

"Not applicable in Mayotte are articles L. 133-1 to L. 133-4, as well as the fourth paragraph of article L. 335-4.

"Not applicable in the southern Territories and French Antartictic are articles L. 133-1 to L. 133-4, L. 421-1 to L. 422-13 and L. 423-2, as well as the fourth paragraph of article L. 335-4."

III. - The first paragraph of article L. 811-2 of the same code is changed as follows:

"For the application of this code in Mayotte and in the southern Territories and French Antarctic as well as for the application of the clauses which it makes applicable in French Polynesia, in the Wallis and Futuna islands and in New Caledonia, the following words enumerated below are respectively replaced with the following words:

IV. - 2 of I and II of article 23, article 24 and I and II of article 27 of this law are applicable in French Polynesia.

[edit] Article 27

I. - Article 1 of law 86-897 of 1 August 1986 reforming the legal environment of the press is amended by the addition of two paragraphs as follows:

"On line press services are taken to mean any public on line communication service of a professional nature by a natural person or an entity with independent legal standing which controls its editorial content, consistent with producing and making available to the public original content of general interest, regularly renewed, made up of information presenting a link with news and treated in a journalistic way, which does not consist of a tool of promotion or an accessory to ain industrial or commercial activity.

"A decree specifies the conditions under which an on line press service may be recognized, taking note particularly to benefit from the advantages thereto pertaining. For on line press services presenting information of political and general nature, this recognition implies using, in a regular way, at least one journalist who is a professional in the sense of article L.l 7111-3 of the labor code."

II. - Article 93-3 of law 82-652 of 29 July 1982 on audiovisual communication is amended by the addition of a paragraph as follows:

"When the infraction results from the content of a message sent by a user to a public on line communication service and made publically available by this service in a space for personal contributions identified as such, the director or codirector of publication is not penally responsible as principal author if it is established that he had no effective knowledge of the message before it was placed on line or if, from the moment when he became aware of it, he acted promptly to remove this message."

III. - After 1(2) of article 1458 of the general tax code is inserted a 1 part 3 as follows:

"1(3) On line press services recognized as of 1 January of the year of impisition of the conditions specified by the decree set forth in the third paragraph of article 1 of law 86-897 of 1 August 1986 reforming the legal environment of the press;

IV. - III applies to impositions established counting from the year which follows the publication of the decree set forth in the third paragraph of article 1 of law 86-897 of 1 August 1986 reforming the legal environment of the press in its version resulting from this article, and at the latest counting from 31 December 2009.

[edit] Article 28

I. - Article 39(2) A of the general tax code is changed as follows:

A. - 1 is changed as follows:

1 In the first paragraph, after the word "general" are inserted the words ", or an on line press service recognized under article 1 of law 86-897 of 1 August 1986 reforming of the legal environment of the press, devoted in large part to political and general information";

2 (a) is changed as follows:

a) After the word "exploitation" are inserted the words "of the on line press service,";

b) After the first and the third occurrences of the word "enterprises" the words "of the press" are deleted;

c) After the word "paragraph" are inserted the words "or the exploitation of an on line press service mentioned in the same paragraph";

3 In (b) the words ", excerpted from the periodical or the publication," are deleted;

4 After (b) is inserted a (c) as follows:

"c) Fixed expenses allocatable to research, to technical development and to innovation at the profit of the on line press service, periodical, or publication.";

B. - 2 is changed as follows:

1 In the first sentence of the first paragraph, after the word "publications" are inserted the words "and for recognized on line press services";

2 After the first sentence of the first paragraph is inserted a sentence as follows:

"For the application of the preceding sentence, the limit is calculated for businesses exploiting a recognized on line press service and engaged in other activities, beginning with the sole profit taken from this on line press service";

C. - In 2(2), the words "mentioned in 1 and 2 which are considered" are replaced with the words "and of the on line press services mentioned in 1 and 2 which are considered";

D. - In the second paragraph of 3, after the words "of publications" are inserted the words "and for recognized on line press services".

II. - I applies to undertakings concluded counting from the publication of this law.

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