Key Benefits:
The Prime Minister,
On the report of the Minister of Culture and Communications,
Given the intellectual property code, including its articles L. 122-5, L. 211-3 and L. 342-3 ;
Given the code of social action and families, including its article R. 241-2 ;
Given the Public Health Code, including its Articles L. 4111-1 and L. 4111-2 ;
Given the Social Security Code, including its Articles L. 341-3 and L. 341-4 ;
Vu le Decree No. 2006-781 of 3 July 2006 setting out the conditions and procedures for the payment of costs incurred by the temporary movement of State civilian personnel;
The State Council (inland section) heard,
Decrete:
The Intellectual Property Code (regulatory part) is amended in accordance with Articles 2 to 8 of this Order.
Articles R. 122-1 to R. 122-11, respectively, become articles R. 122-2 to R. 122-12.
Section R. 122-12is R. 122-1.
In chapter II of Book I title II, it is created a section 1, entitled "General Provisions", which includes section R. 122-1.
In the same chapter, it was created a section 2, entitled "Right of action", which includes articles R. 122-2 to R. 122-12.
In the same chapter, a section 3 is created as follows:
“Section 3
"Exception for persons with disabilities
"Subsection 1
" Provisions relating to persons receiving the exception
"Art. R. 122-13. - Persons with disabilities referred to in the 7th of Article L. 122-5 are persons with disabilities whose disability rate, appreciated under the barbaric guide for the assessment of disability and disability as set out in Appendix 2-4 of the Social Action and Families Code, is equal to or greater than 80% and those with a disability pension under the 3° of Article L. 341-4 of the Social Security Code.
"Art. R. 122-14. - The medical certificate certifying that a person is incapacitated to read after correction is issued by an ophthalmologist doctor authorized to practise the profession of a doctor under the conditions provided for in the Articles L. 4111-1 and L. 4111-2 of the Public Health Code. The medical certificate is valid for a period of five years. It is definitively issued if it turns out that the disability is irremediable.
"Subsection 2
" Provisions relating to control exercised by the administrative authority
"Art. R. 122-15. - The list of legal persons and institutions open to the public referred to in the first paragraph of the 7th paragraph of section L. 122-5 shall be decided, pursuant to that paragraph, on the proposal of the commission under section R. 122-16, by the Minister for Culture and the Minister for Persons with Disabilities.
"This list indicates among these legal persons and institutions those who, pursuant to the third paragraph of the 7th paragraph of Article L. 122-5, are entitled to request that digital files be made available to them for the editing of printed works.
"It is published in the Official Journal of the French Republic.
"The deletion of the list or the deprivation of access to the digital files is pronounced by a joint decree of the Minister for Culture and the Minister for Persons with Disabilities either at the request of legal persons and registered institutions, or, subject to the fact that they have been able to submit their observations within two months of the issuance of the formalization by the administrative authority, when they no longer meet the conditions under which they are subject to.
"The Order is published in the Official Journal of the French Republic.
"Art. R. 122-16. - I. A committee shall be established with the Minister for Culture and the Minister for Persons with Disabilities, which shall consist of ten members appointed by joint order of the Ministers for a period of four years:
"– five members representing national organizations representing persons with disabilities and their families;
“– five members representing rights holders.
“II. ― The powers of this commission are as follows:
“(a) Instruct applications filed by legal persons and institutions referred to in the first paragraph of the 7th paragraph of Article L. 122-5 for registration on the list agreed under the conditions defined in Article R. 122-15;
“(b) Establish a draft list for the Minister responsible for culture and the Minister responsible for persons with disabilities;
"(c) Ensure that the activities of legal persons and institutions on the list are carried out in strict compliance with the provisions of Article 7 L. 122-5. To this end, these legal persons and institutions shall communicate to it an annual activity report and any information that it considers useful;
"(d) Notify the Minister responsible for culture and the Minister responsible for persons with disabilities in the event of non-compliance with the provisions of section 7 L. 122-5 by a legal person or an institution listed.
"III. ― The chair of the commission is elected by members for a period of one year, alternately among representatives of representative organizations of persons with disabilities and among representatives of rights holders.
"The decisions of the commission shall be taken by a majority vote. In the event of equal sharing of votes, the president's voice is preponderant.
"A representative of the depositary body referred to in the third paragraph of the 7th paragraph of Article L. 122-5 participates in the work of the commission with an advisory vote.
"The commission may hear any qualified person to clarify its work.
"The Commission adopts rules of procedure.
“The members of the commission shall exercise their functions free of charge.
"The travel and residence expenses are reimbursed under the conditions prescribed by the regulations applicable to State officials.
"The committee secretariat is jointly provided by the Minister for Culture and the Minister for Persons with Disabilities.
"Subsection 3
“ Provisions relating to legal persons
and institutions open to the public implementing the exception
"Art. R. 122-17. - I. ― To be included in the list provided for in section R. 122-15, the corporation or institution must in support of its application to the commission by registered letter with a request for a notice of receipt:
« 1° Provide any information relating to its organization, operation, financial accounts, installation and equipment conditions and, where applicable, its statutes;
« 2° Indicate the number and quality of its members or users and justify their entry into the category of persons referred to in articles R. 122-13 and R. 122-14;
« 3° Provide proof of its design, realization and communication activities for the benefit of these persons by communicating the following:
"—the composition of its catalogue of works available on materials that meet their needs, distinguishing the types of adaptation;
“—the available human and material means to ensure communication and, where appropriate, the design and implementation of the materials;
"– the conditions of access and use of its collections;
"—an annual record of the services rendered and, where applicable, works made accessible to assess the effectiveness of its activity for the benefit of the persons mentioned in articles R. 122-13 and R. 122-14;
4° Specify the means used to control the use of works in accordance with the conditions defined in the first paragraph of Article L. 122-5.
“II. ― To be registered on the same list for legal persons and institutions authorized to request access to digital files that have been used in the editing of printed works, the legal person or institution must also support the application:
« 1° Provide any information regarding the conditions for the conservation and security of digital files transmitted in an open format by the depositary body;
« 2° Please provide any information regarding the conditions for the adaptation of these files to the reading needs of the persons referred to in articles R. 122-13 and R. 122-14;
« 3° Provide proof of the security of these suitable or not files for transmission;
« 4° Provide proof of the security and confidentiality of the transmission of these files to the persons referred to in R. 122-13 and R. 122-14.
"III. ― The validity of the listing is five years from the date of its publication in the Official Journal of the French Republic. Any new application shall be submitted in the forms and conditions provided for in this article.
"IV. ― Corporations and institutions listed shall notify the Commission of any changes to the information they provided in support of their application.
"Art. R. 122-18. - Legal persons and institutions listed in the list referred to in Article R. 122-15 who request a digital file that has been used to publish a printed work may only communicate the file transmitted by the depositary body to persons with disabilities within the meaning of Articles R. 122-13 and R. 122-14, for which access to these files requires reading the books.
"Subsection 4
" Provisions relating to the depositary body of digital files
having served in the publishing of printed works
"Art. R. 122-19. - The depositary body referred to in the third paragraph of Article L. 122-5 shall meet the following conditions:
“(a) Conduct an organization and public availability of documentary resources;
“(b) Provide an infrastructure for the development, on the one hand, of the means necessary for the provision of digital files that have been used in the editing of printed works, on the other hand, of the techniques of securing, storage and communication of these files;
"(c) Do not have for social or statutory purposes the defence of the rights of persons with disabilities or intellectual property law.
"Art. R. 122-20. - The publisher transmits to the depositary body the digital file that was used to publish a printed work within two months of the application made by it.
"Art. R. 122-21. - The depositary agency reports annually in a report to the Minister for Culture and to the Minister for Persons with Disabilities on the terms and conditions for filing and making available digital files that have been used in publishing printed works. »
In chapter I of Book II's single title, an article R. 211-1 is inserted as follows:
"Art. R. 211-1. - The exception set out in the 6th of Article L. 211-3 shall be exercised under the conditions set out in Articles R. 122-13 to R. 122-16 and I, III and IV of Article R. 122-17. »
In Book III, a title IV is created, entitled "Rights of database producers", which includes an article R. 341-1 as follows:
"Art. R. 341-1. - The exception provided for in Article L. 342-3 shall be exercised under the conditions set out in Articles R. 122-13 to R. 122-21. »
The provisions of Article R. 122-17 and Articles R. 122-19 to R. 122-21 of the Intellectual Property Code come into force on the first day of the twelfth month following the publication of this Order.
This Order is applicable in the Wallis and Futuna Islands and New Caledonia.
The Minister of the Interior, the Overseas and Territorial Communities, the Minister of Labour, Social Relations, the Family and Solidarity, the Minister of Culture and Communication and the Secretary of State for Solidarity are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 19, 2008.
François Fillon
By the Prime Minister:
Minister of Culture
and communication,
Christine Albanel
The Minister of the Interior,
the overseas and territorial authorities,
Michèle Alliot-Marie
Minister of Labour, Social Relations,
of the family and solidarity,
Xavier Bertrand
Secretary of State
in charge of solidarity,
Valérie Létard
