e24702_SN004
Translated from French
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Culture may gather, from documents or on site, the information referred to in the present
Article.
Title III. – Implementation of rights
Chapter I. – Technological protection and information measures
Article 125. Technological protection measures. – 1. Owners of copyright and
neighboring rights may, in the exercise of their rights, use technological measures with a
view to preventing or limiting acts, in respect of their works, performances, phonograms,
videograms or programs, which they have not authorized and which are not permitted by
law.
2. Circumvention of the technological measures referred to in the previous paragraph
shall be punishable by the criminal penalties provided for in Article 145.
Article 126. Rights management information. – 1. Electronic rights management
information relating to a work, performance, phonogram, videogram or program shall be
protected in the cases provided for in the present Article, where an item of information,
number or code is attached to the reproduction or appears in connection with the
communication to the public of the work, performance, phonogram, videogram or
program in question.
2. "Electronic information" means any information provided by a rights owner that
identifies a work, performance, phonogram, videogram, program or rights owner, any
information about the terms and conditions of use of a work, performance, phonogram,
videogram or program, and any number or code that represents all or part of such
information.
3. The following acts shall be unlawful where they are carried out without the
authorization of the owner of the copyright or neighboring right in question, and in the
knowledge or with reasonable grounds to believe that they will induce, enable, facilitate
or conceal an infringement of copyright or of a neighboring right:
(a) the removal or alteration of any item of electronic information;
(b) the distribution, import for distribution or communication to the public in any form of
a work, performance, phonogram, videogram or program, where an item of electronic
information has been removed or altered.
4. Where the perpetrator of one of the acts listed in paragraph 3 knows that the act will
induce, enable, facilitate or conceal an infringement of copyright or of a neighboring
right, he shall incur the criminal penalties provided for in Article 145.
Chapter II. – Procedure
Section I. – General rules
Article 127. Capacity to act. – 1. Any owner of copyright or of a neighboring right
shall have capacity to take legal action in the event of a violation of his rights.
2. Collective management societies shall have capacity to take legal action pursuant to
Article 110.5.