Reference texts
Status of the CNL
- Decree No. 93-397 of 19 March 1993 on the National Book Centre, as amended by Decree 96-421 of 13 May 1996 and Decree 2010-430 of 27 April 2010
- Decree of 21 October 2013 appointing the President of the National Book Centre - Mr. MONADÉ (Vincent)
Taxes contributing to CNL funding
Status of the CNL
- Decree No. 93-397 of 19 March 1993 on the National Book Centre, as amended by Decree 96-421 of 13 May 1996 and Decree 2010-430 of 27 April 2010
- Decree of 21 October 2013 appointing the President of the National Book Centre - Mr. MONADÉ (Vincent)
Taxes contributing to CNL funding
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Literary and artistic property rights
International and European law
- Berne Convention of 9 September 1886 for the protection of literary and artistic works (Universal Convention)
- Convention of 14 July 1967 establishing the World Intellectual Property Organization (WIPO)
- TRIPS agreement (relating to aspects of intellectual property rights affecting trade, including trade in counterfeit goods) annexed on 15 December 1994 to the Marrakesh Treaty (establishing the WTO)
- WIPO Treaties (World Intellectual Property Organization): WIPO-DA (relating to copyright) and WIPO-DV (relating to neighbouring rights) signed on 20 December 1996
- Directive 2001/29/EC of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the Information Society
- Directive 2006/116/EC of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (fixes the term of protection of copyright at 70 years after the death of the author of the work)
- Directive 2004/48/EC Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights
- Directive 2006/115/EC on rental and lending rights
- Directive 2012/28/EU of 25 October 2012 on certain authorized uses of orphan works
- Directive 2014/26/EU of 26 February 2014 concerning the collective management of copyright and related rights
French law: Code de la propriété intellectuelle (CPI) including: Articles L.132-1 to L.132-17 concerning the publishing contract; exceptions to copyright provided for inarticle L.122-5, particularly at 3° e), 7° and 8°
Copyright exception for persons with disabilities
- Article L.122-5 7° Intellectual Property Code, as amended by the Law no. 2006-961 of 1 August 2006 on copyright and related rights in the Information Society (DADVSI) and by the Act No. 2009-669 of 12 June 2009 promoting the dissemination and protection of creation on the internet (HADOPI)
- Decree no. 2008-1391 of 19 December 2008 on the implementation of the exception to copyright, related rights and the right of database producers for persons with disabilities (Articles R.122-13 to R.122-21 Intellectual Property Code)
- Decree no. 2009-131 of 6 February 2009 on the designation of the body responsible for the digital files of printed works mentioned in 7° of article L.122-5 of the intellectual property code (article D122-22 Intellectual Property Code)
See dedicated site: http://www.exception.handicap.culture.gouv.fr/
Copyright exception: reproduction by libraries for conservation purposes
- Code of intellectual property, Article L122-5, paragraph 8 amended by Law no. 2006-961 of 1 August 2006 on copyright and related rights in the Information Society (DADVSI), as well as by the Act No. 2009-669 of 12 June 2009 promoting the dissemination and protection of creation on the internet (HADOPI)
Copyright exception for legal deposit depository bodies
- Wealth code, article L132-4
Public lending right
- Directive 2006/115/EC on rental and lending rights
- Law no. 2003-517 of 18 June 2003 on remuneration for library loans and strengthening the social protection of authors (Articles L.133-1 to L.133-4 Intellectual Property Code)
- Decree no. 2004-920 of 31 August 2004 applying articles L.133-2 to L.133-4 of the Intellectual Property Code and relating to remuneration in respect of library loans (articles R133-1 and R133-2, R326-1 to R326-7 Intellectual Property Code)
- Decree no. 2004-921 of 31 August 2004 applying Article L.133-3 of the Intellectual Property Code and relating to the State’s share of the remuneration for the library loan (article R133-2 of the ICC)
- Decree no. 2004-922 of 31 August 2004 amending Decree No. 85-862 of 8 August 1985 defining the school book for the purposes of the amended Law No. 81-766 of 10 August 1981 on the price of books in respect of school books.
- Order of 25 October 2011 determining for the year 2011 the number of registered users in libraries hosting the public for the loan and the amount of the share of the remuneration for the library loan borne by the State
Filming right
- Law No. 95-4 of 3 January 1995 supplementing the intellectual property code and relating to the collective management of reproduction rights by reprography (Articles L.122-10 to L.122-12 Intellectual Property Code)
- Decree No. 95-406 of 14 April 1995 applying s. L.122-10 to L.122-12 of the Intellectual Property Code and relating to the collective management of reproduction rights by reprography (Articles R.322-1 to R.322-4 Intellectual Property Code)
- Order of 12 July 2011 renewing the approval of the Centre français d'exploitation du droit de copie
Digital exploitation of unavailable books
- Law no. 2012-287 of 1 March 2012 on the digital exploitation of unavailable books of the 20th century (L134-1 to L134-9 and article L113-10 Intellectual Property Code)
- Decree no. 2013-182 of 27 February 2013 applying Articles L134-1 to L134-9 of the Intellectual Property Code and relating to the digital exploitation of unavailable books of the 20th century
- Order of 18 March 2013 on the composition and functioning of the Scientific Committee
- Order of 21 March 2013 with the approval of the Société française des intérêts des auteurs de l'écrit
Authorship
- the employee author: Code de la propriété intellectuelle, Article L111-1, paragraph 3 (the existence of an employment contract “shall not derogate from the enjoyment of the right recognized in paragraph 1”, i.e of copyright)
- the author public agent: Code of intellectual property, Article L111-1, paragraph 3 (extension of the previous principle to state agents by law no. 2006-961 of 1 August 2006)
Social protection scheme
- Law No. 75-1348 of 31 December 1975 on the social security of artists authors of literary and dramatic, musical and choreographic, audiovisual and cinematographic works, graphics and plastics
- Social Security Code, section L.382-1 et seq.
- Acoss circular letter no. 2007-105 of 25 July 2007 (operation of the social security scheme for authors)
- Order of 30 December 1977 granting State approval to AGESSA (Association pour la gestion de la sécurité sociale des auteurs)
Authors' supplementary old age insurance scheme
- Social Security Code, article L.382-12
- Article 11 of Decree no. 2004-461 of 27 May 2004 on old age insurance for the liberal professions – designates the Institution de retraite complémentaire de l'enseignement et de la création (IRCEC) as the manager of the supplementary old age insurance scheme for education and creation
- Article 4 of Decree no. 2004-1385 of 22 December 2004 on supplementary old age insurance schemes for persons covered by Article L.382-12 of the Social Security Code – limit the assumption of contributions by the lending right to 50%
Continuing education of authors
- Articles L.6331-65 to L.6331-68 of the labour code
Incidental income of authors
- Circular no. DSS/5B/2011/63 of 16 February 2011 relating to income from artistic activities falling under Article L.382-3 of the Social Security Code and to the attachment of income from ancillary activities to income from these artistic activities
2008 Edition-Bookshop Memorandum of Understanding
Single book price
- Law No. 81-766 of 10 August 1981 on the price of the book, as amended by Law no. 2014-344 of 17 March 2014 on consumption.
- Decree No. 81-1068 of 3 December 1981 made for the purposes of Law No. 81-766 of 10 August 1981 on the price of books and amending the legal deposit system, as amended by Decree No. 90-73 of 10 January 1990
- Decree no. 83-5 of 5 January 1983 taken for the application in the overseas departments of Law No. 81-766 of 10 August 1981 on the price of books – non school books
- Decree No. 85-556 of 29 May 1985 on infringements of Law No. 81-766 of 10 August 1981 on the price of books
- Decree No. 85-862 of 8 August 1985 made for the purposes of Law No. 81-766 of 10 August 1981 as amended relating to the price of books in respect of school books, as amended by Decree No. 2004-922 of 31 August 2004 (Article D314-128 of the Education Code)
- Circular of 30 December 1981 on the price of the book
- Circular of 10 January 1990 on the price of books published outside France and offered for sale in France of the book
- Judgment of the Court of Justice of the European Communities of 10 January 1985 (declaring the law of 10 August 1981 in accordance with the European Treaties)
E-book price
- Law no. 2011-590 of 26 May 2011 on the price of the eBook, as amended by the Law no. 2014-344 of 17 March 2014 on consumption.
- Decree no. 2011-1499 of 10 November 2011 taken under the law of 26 May 2011 on the price of e-books
- Decree no. 2012-146 of 30 January 2012 on infringements of the law of 26 May 2011 on the price of e-books
Book mediator
- Law no. 2014-344 of 17 March 2014 on consumption (Article 144) : Establishment of a book mediator in charge of the conciliation of disputes concerning the application of the 1981 and 2011 laws on the price of books as well as on the differences concerning the editorial activity of public publishers.
Inter-company payment terms
- Law no. 2010-97 of 27 January 2010 on the payment deadlines of suppliers in the book sector
Independent reference bookshop labels
- Article 1464 I of the General Tax Code
- Decree no. 2011-993 of 23 August 2011 relating to the reference bookshop label and the independent reference bookshop label
Regulation of advertising for books on television
- Article 8 of Decree No. 92-280 of 27 March 1992 (as amended by Order in Council No. 2003-960 of October 7, 2003) made for the purposes of sections 27 and 33 of the Act No. 86-1067 of 30 September 1986 and laying down the general principles defining the obligations of service publishers with regard to advertising, sponsorship and teleshopping
- Postal and Electronic Communications Code, Articles L1 and L2
- Directive 2002/39/EC of the European Parliament and the Council of the European Union of 10 June 2002 on the opening-up of Community postal services to competition
- Law no. 2005-516 of 20 May 2005 on the regulation of postal activities
- Universal Postal Convention, Articles 11.6.1 and 11.6.2
Application of the reduced VAT rate to works meeting the tax definition of books
- 3) of §A of article 278-0bis of the General Tax Code (reduced VAT rate at 5.5%)
- Basic documentation DB 3C-215 in its last update of 30 March 2001
- Tax instruction 3C-4-05 of 12 May 2005
- Rescrits no. 2009/48 of 15 September 2009 (audio books) no. 2009/63 of 17 November 2009 (physical books)
- Rescrit no. 2011/38 (VAT rate and definition of the e-book)
- Tax Rescript of January 3, 2012 specifying the definition of the e-book to which the reduced VAT rate applies.
- Tax instruction of 8 February 2012, BOI 3-C-1-12 of 10 February 2012 (entry into force of the change to 7% of the VAT rate)
Application of the reduced VAT rate to duty transfers
- General Tax Code, article 279 g
Copyright Taxation Regime
- General Tax Code, Article 93c
- General Tax Code, article 1460 (exemption from business tax)
- Instruction 5G-2-12 of 15 March 2012
- Decree no. 2010-31 of 11 January 2010 on the direction of legal and administrative information
- Decree no. 2010-32 of 11 January 2010 establishing a Board of Directors for Public Publishing and Administrative Information, as amended by Decree no. 2011-2047 of 29 December 2011
- Order of 11 January 2010 on the organisation of the legal and administrative information directorate
- Circular of 20 March 1998 on the editorial activity of state administrations and public institutions
- Circular of 9 December 1999 on the institution of a public publishing ombudsman
- Law No. 49-956 of 16 July 1949 on youth publications, as amended by law no. 2011-525 of 17 May 2011 (article 46)
- Decree No. 50-143 of 1 February 1950 made for the implementation of Law No. 49-956 of 16 July 1949 on publications intended for youth, as amended by Decree No. 2012-119 of 30 January 2012
- Law No. 92-546 of 20 June 1992 on legal deposit (L131-1 to L133-1 Heritage Code)
- Decree No. 93-1429 of 31 December 1993 legal deposit (L131-1 to L133-1, R131-1 to R131-7, R132-1 to R132-8, R132-9 to R132-14, R132-15 to R132-22, R132-23, R132-48 to R132-49 and R133-1 Heritage Code)
- Decrees of 12 January 1995 fixing the mandatory particulars to appear on:
- printed, graphic and photographic documents subject to legal deposit
- statements accompanying the legal deposit of printed, graphic and photographic documents