Status

In Progress

Explanatory note re status
In France, article 15 of the Copyright Directive has been already implemented in the French IP Code (Law n° 2019-775 of July 24th, 2019). As a consequence, the press publishers' right is applicable as of October 24th 2019 for press publications first published before the date of entry into force of the Copyright Directive (June 7 2019). The French Competition Authority has recently issued an interim decision ordering Google to comply with interim measures,  finding that it had circumvented the goals of the French implementation of the Directive, without formally breaching its provisions. 

The other Copyright Directive articles are planned to be implemented by the future Audiovisual Law. The draft law was submitted to the National Assembly on December 5th 2019. The implementation of the Copyright Directive is only one small part of law titled “Audiovisual Communication and Cultural Sovereignty in the Digital Era”.
Implementation Act

Unknown

Implementation Date
Unknown
 
Next steps
Law transposing the AVMS Directive (draft legislation available here) due to be discussed in the National Assembly in early 2020 (provisional calendar).
 
Contact person

Edouard Treppoz

Noteworthy points arising from legislative changes

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Articles 3 & 4: The Text and Data Mining Exceptions

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Article 15: The Press Publishers' Right

Article 15 already transposed and included in Law n°2019-775

On one hand, the French implementation specifies that the use of isolated words or very short extracts may not trigger the Press Publication Right, and that the right is “notably implicated when the use of very short extracts replaces the press publication itself or obviates the need for the reader to refer to it” (New Art. L. 211-3-1 of the IPC).

On the other hand, the French implementation is silent on the fact that the press publication right does not apply to private or non-commercial uses of press publications.

Article 17: Platform Liability Provisions

Article 17 will be included in the Law transposing the AVMS Directive (draft legislation available here).

Chapter 3 Overview

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Article 18: The Bestseller Right

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Article 19: Transparency Obligations

Unknown

Other Information
In a decision of 9 April 2019, the French Competition Authority ordered interim measures against Google, holding that there was a prima facie case Google had abused its dominant position by imposing free licences on press publishers, contravening the aims of the press publishers' right. Accordingly, Google must:
 
1. Negotiate terms and conditions and remuneration with publishers in good faith.
 
2. Communicate the information required for a fair evaluation of remuneration to publishers. 
 
3. Display content in a manner chosen by the publisher.