In short. French press neighbouring rights exclude hyperlinking, while the separate exclusion for very short extracts has a limit where they substitute for the publication.
Definition: French Intellectual Property Code Article L211-3-1 excludes acts of hyperlinking from the neighbouring right of press publishers and press agencies. Its separate exclusion for isolated words or very short extracts is subject to a limit where an extract substitutes for the publication or removes the need to consult it.
Key facts
- Article L211-3-1, reproduced in Légifrance's general provisions on neighbouring rights, expressly lists acts of hyperlinking among the uses that beneficiaries of Article L218-2 cannot prohibit under that right. The provision is in force from 24 October 2019.
- Légifrance's Article L218-2 requires prior authorisation for digital reproduction or communication to the public of press publications, in whole or in part, by an online public communication service, subject to the applicable exclusions and exceptions.
- The EU's Directive (EU) 2019/790, Article 15(1) separately excludes hyperlinking and the use of individual words or very short extracts from the press publishers' right.
What does the hyperlink exclusion cover?
A neighbouring right is a right alongside authors' copyright. Article L211-1 states that neighbouring rights leave authors' rights intact. Under Article L211-3-1, the beneficiary of the press right cannot use that right to prohibit the act of creating a hyperlink.
The article lists hyperlinking separately from the use of text extracts. For a website displaying a link with copied article text, the text therefore requires its own assessment under the excerpt exclusion or another applicable legal basis. Adding a source link supplies no general permission to reproduce the accompanying article content.
How short must an excluded extract be?
Article L211-3-1 excludes isolated words and very short extracts, while requiring that the exception preserve the effectiveness of the press right. The same French statutory provision identifies substitution for the press publication, or dispensing with the reader's need to refer to it, as circumstances affecting that effectiveness.
The article gives no numerical word or character threshold. Length and the extract's function therefore both matter when assessing reliance on this exclusion.
Recital 58 of the EU directive also directs that the very short extract exclusion preserve the effectiveness of the right, taking account of large-scale aggregation and use of press publications.
Does a source link make a full summary exempt?
The hyperlink exclusion supplies no blanket exemption for a full summary displayed by an AI assistant or a website. That follows from Article L211-3-1's separate treatment of hyperlinks and extracts, including its substitution limit. The label “summary” alone supplies no answer about whether a particular use qualifies.
Other rules remain relevant. Recital 57 of the EU directive says the press publishers' right should exclude mere facts reported in press publications. Article 15(2) preserves authors' and other rights holders' rights in material incorporated into those publications. These provisions require attention to the content actually reused and the rights involved.
Related terms
- French press publishers' rights
- EU press publishers' right
- How does German law treat very short press excerpts?
FAQ
Can a publisher require permission for an ordinary hyperlink under this press right?
Article L211-3-1 expressly excludes acts of hyperlinking. If you also reproduce article content, that additional use requires a separate assessment.
Is a very short extract always excluded?
Article L211-3-1 limits the exclusion where the extract substitutes for the publication or removes the need to consult it. You must consider that condition alongside its length.
Are reported facts covered by this neighbouring right?
Recital 57 of Directive (EU) 2019/790 says the right should exclude mere facts reported in press publications. Article 15(2) preserves rights in the works incorporated into those publications.
Sources
- Légifrance, "Code de la propriété intellectuelle, Articles L211-1 and L211-3-1", version of Article L211-3-1 in force from 24 October 2019
- Légifrance, "Code de la propriété intellectuelle, Article L218-2", version in force from 24 October 2019
- European Parliament and Council, "Directive (EU) 2019/790", 17 April 2019
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