The French Case: From Orphan Books to Out-of-Print Works (and Vice-Versa)
Center for International Intellectual Property Studies (CEIPI) Research Paper No. 2017-14
11 Pages Posted: 2 Feb 2018 Last revised: 9 Feb 2018
Date Written: June 23, 2017
I must briefly describe the French situation with regards to the problem of orphan works. It has a peculiarity, due to a special law regarding unavailable books of the 20th century, which has been the subject of judicial proceedings before the State Council, the Constitutional Council and the European Union Court of Justice.
I must first clarify that when this law was passed in 2012, I severely criticized it. Subsequently, writers asked me for advice and I was responsible for conducting the entire procedure. My criticisms remain personal and conducted in complete freedom: they are not an argument built for a client, for which I have also worked pro bono.
Keywords: orphan books;out-of-print works;European Union Court of Justice
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