In short. French press publishers' neighbouring rights cover specified digital uses of press publications, subject to exclusions, a two-year term and authors' rights.
Definition: French press publishers' rights are neighbouring rights under Articles L218-1 to L218-5 of the Intellectual Property Code that give press publishers and press agencies control over specified digital reproductions and communications of their press publications. They operate alongside authors' copyright and have statutory exclusions and a limited duration.
Key facts
- Article L218-2 requires prior authorisation for an online public communication service to reproduce or communicate a press publication digitally, wholly or partly, subject to applicable exceptions.
- The promulgated law reproduced by the Senate excludes hyperlink acts and individual words or very short extracts, subject to the right's effectiveness, and sets a two-year term from 1 January following first publication.
- Article 15 of Directive (EU) 2019/790, the European framework, excludes private or non-commercial uses by individual users.
Which publications and publishers qualify?
As of 17 October 2026, Article L218-1 defines a press publication as a collection composed mainly of journalistic literary works within a periodical or regularly updated publication bearing a single title. It can include photographs and video recordings. Publication takes place under the editorial responsibility and control of a press publisher or agency.
The chapter applies to publishers and agencies established in an EU Member State. Scientific or academic periodicals, such as scientific journals, fall outside its definition. A website's publication format and editorial responsibility therefore matter when assessing eligibility.
The operative provision is Article L218-2. Its original French wording states:
L'autorisation de l'éditeur de presse ou de l'agence de presse est requise avant toute reproduction ou communication au public totale ou partielle de ses publications de presse sous une forme numérique par un service de communication au public en ligne.
What limits apply to online reuse?
Article L211-3-1 protects hyperlink acts from this neighbouring right. Its very-short-extract exception has an additional condition: the use must preserve the effectiveness of the right. The Senate's promulgated text identifies substitution for the press publication, or removing the reader's need to consult it, as circumstances affecting that effectiveness. This safeguard is relevant when assessing excerpts displayed by an answer engine.
Article L211-4 sets the two-year term. Article L211-1 preserves authors' copyright, so expiry of the publisher's right leaves those rights intact. Article L211-3 also provides exceptions, including qualifying short quotations with sufficient source identification and text and data mining under the conditions of Article L122-5-3. An assessment of copying for mining therefore includes those separate conditions.
Article 14 of the French law excludes publications first published before the European directive's entry into force. Article 15(4) of the directive states the corresponding cutoff explicitly: publications first published before 6 June 2019.
How do licensing and remuneration work?
Article L218-3 allows assignment or licensing of these rights. Rights holders can entrust their management to collective management organisations, bodies that administer rights on their behalf.
Article L218-4 bases remuneration on direct or indirect exploitation revenue, or a lump-sum assessment where applicable. Relevant factors include publishers' and agencies' investment, contribution to political and general information, and the extent of use. Online services must supply information needed for a transparent assessment of remuneration and its distribution.
Article L218-5 gives professional journalists and other contributing authors an appropriate and equitable share. Agreements determine that share and its distribution. Authors receive updated information about its calculation at least annually.
Related terms
- EU press publishers' right
- Content licensing
- Text and data mining opt-out (EU)
- Lawful access for text and data mining
FAQ
Do I need this permission merely to link to a news article?
Article L211-3-1 excludes hyperlink acts. Any accompanying extract requires its own assessment under the extract exception and other applicable rights.
Does running a company blog give me this right?
Qualification follows Article L218-1, including the press-publication definition, editorial responsibility and EU establishment requirement. Running a website alone is insufficient to establish those conditions.
Can I freely reuse an article when the two-year term expires?
Authors' copyright remains protected under Article L211-1. The publisher's neighbouring-right term in Article L211-4 therefore addresses only part of the permissions assessment.
Sources
- Légifrance, "Code de la propriété intellectuelle, Titre unique, including Articles L218-1 to L218-5", consolidated version of 1 September 2026
- Sénat, "Création d'un droit voisin au profit des agences et éditeurs de presse", promulgated text of 24 July 2019
- European Parliament and Council, "Directive (EU) 2019/790", 17 April 2019
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