French Intellectual Property Code:

Article L112-2

The following are considered in particular as works of the mind within the meaning of this code:

1 ° Books, brochures and other literary, artistic and scientific writings;

2 ° Conferences, addresses, sermons, pleadings and other works of the same nature;

3 ° Dramatic or dramatico-musical works;

4 ° Choreographic works, circus numbers and tricks, pantomimes, the performance of which is fixed in writing or otherwise;

5 ° Musical compositions with or without words;

6 ° Cinematographic works and other works consisting of animated sequences of images, with or without sound, together referred to as audiovisual works;

7 ° Works of drawing, painting, architecture, sculpture, engraving, lithography;

8 ° Graphic and typographical works;

9 ° Photographic works and those produced using techniques similar to photography;

10 ° Works of applied art;

11 ° Illustrations, geographical maps;

12 ° Plans, sketches and plastic works relating to geography, topography, architecture and science;

13 ° Software, including preparatory design material;

14 ° Creations of the seasonal clothing and adornment industries. The seasonal clothing and adornment industries are those industries which, owing to the demands of fashion, frequently renew the shape of their products, and in particular sewing, fur, lingerie, embroidery, fashion, footwear, gloves, leather goods, the manufacture of high-novelty or special haute couture fabrics, the productions of dressmakers and shoemakers and furnishing fabric factories.

Article L122-5

When the work has been disclosed, the author cannot prohibit:

1 ° Private and free performances performed exclusively in a family circle;

2 ° Copies or reproductions made from a lawful source and strictly reserved for the private use of the copyist and not intended for collective use, with the exception of copies of works of art intended to be used for identical to those for which the original work was created and copies of software other than the backup copy established under the conditions provided for in II of article L. 122-6-1 as well as copies or reproductions an electronic database;

3 ° Provided that the name of the author and the source are clearly indicated:

a) Analyzes and short quotes justified by the critical, controversial, educational, scientific or informative nature of the work in which they are incorporated;

b) Press reviews;

c) Dissemination, even complete, by means of the press or by television, for topical information, of speeches intended for the public delivered in political, administrative, judicial or academic assemblies, as well as in public meetings of political order and official ceremonies;

d) Reproductions, in whole or in part, of graphic or plastic works of art intended to appear in the catalog of a judicial sale carried out in France for the copies made available to the public before the sale for the sole purpose of describing the works of art offered for sale;

e) The representation or reproduction of excerpts from works, subject to works designed for educational purposes and musical scores, for the exclusive purposes of illustration in the context of teaching and research, including for the development and dissemination of subjects for examinations or competitions organized as an extension of the lessons to the exclusion of any playful or recreational activity, provided that this representation or reproduction is intended, in particular by means of a space digital work, to an audience composed mainly of pupils, students, teachers or researchers directly concerned by the act of teaching, training or research activity requiring this representation or reproduction, which it is not the subject of any publication or distribution to a third party to the public thus constituted, that the use of this representation or this reproduction does not give rise to any commercial exploitation and that it is is compensated by a remuneration negotiated on a lump sum basis without prejudice to the transfer of the reproduction right by reprography mentioned in Article L. 122-10;

4 ° Parody, pastiche and caricature, taking into account the laws of the genre;

5 ° The acts necessary for access to the content of an electronic database for the needs and within the limits of the use provided for by contract;

6 ° Provisional reproduction of a transitory or accessory nature, when it is an integral and essential part of a technical process and its sole purpose is to allow the lawful use of the work or its transmission between third parties by the path of a network using an intermediary; however, this temporary reproduction, which can only relate to works other than software and databases, must not have its own economic value;

7 ° Under the conditions provided for in Articles L. 122-5-1 and L. 122-5-2, reproduction and representation by legal entities and by establishments open to the public, such as libraries, archives, documentation centers and multimedia cultural spaces, with a view to 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 from these deficiencies, to access the work in the form in which the author makes it available to the public;

8 ° The reproduction of a work and its representation carried out for conservation purposes or intended to preserve the conditions of its consultation for purposes of research or private study by individuals, on the premises of the establishment and on dedicated terminals by libraries accessible to the public, by museums or by archives, provided that these do not seek any economic or commercial advantage;

9 ° The reproduction or representation, in whole or in part, of a work of graphic, plastic or architectural art, by written, audiovisual or online press, for the exclusive purpose of immediate information and in direct relation to this last, subject to clearly indicating the author’s name.

The first paragraph of this 9 ° does not apply to works, in particular photographic or illustrative, which are themselves intended to account for information;

10 ° Digital copies or reproductions made from a lawful source, with a view to the exploration of texts and data included or associated with scientific writings for the purposes of public research, to the exclusion of any commercial purpose. A decree sets the conditions under which the exploration of texts and data is carried out, as well as the methods of conservation and communication of the files produced at the end of the research activities for which they were produced; these files constitute research data;

11 ° Reproductions and representations of architectural works and sculptures, permanently placed on public roads, made by natural persons, excluding any use of a commercial nature.

The reproductions or representations which, in particular by their number or their format, are not in strict proportion with the exclusive aim of immediate information pursued or which are not in direct relation with the latter give rise to remuneration of the authors on the basis of the agreements or tariffs in force in the professional sectors concerned.

The exceptions listed in this article may not prejudice the normal exploitation of the work or cause unjustified prejudice to the legitimate interests of the author.

The terms of application of this article, in particular the characteristics and conditions of distribution of the documents mentioned in d of 3 °, are specified by decree of the Council of State.

Article L211-3
The beneficiaries of the rights granted under this title may not prohibit:

1 ° Private and free performances performed exclusively in a family circle;

2 ° Reproductions made from a lawful source, strictly reserved for the private use of the person who makes them and not intended for collective use;

3 ° Subject to sufficient elements identifying the source:

– analyzes and short quotes justified by the critical, controversial, educational, scientific or informational nature of the work in which they are incorporated […]

Case law implicitly recognizing the application of the short quotation exception to audiovisual works:

CA Paris, January 27, 2015, n ° 13/16291

CA PARIS, April 10, 2009, n ° 08/04281