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AG Wathelet advises CJEU to hold French law on out-of-print books incompatible with EU law

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AG Melchior Wathelet Amidst all the   madness  hectic legislative activity surrounding orphan works and out-of- print books that took place in Europe in the first half of 2010s (also as a reflection and echo of the unfolding   Google Books saga   in the US), in 2012 France adopted a   loi   ( Law No 2012-287 of 1 March 2012 ) to allow and regulate the digital exploitation of out-of-print 20th century books. This piece of legislation amended the French  C ode de la propriété intellectuelle  by adding a new chapter ( Chapter IV  - Articles L 134-1 to L 134-9, subsequently amended) to Title III of Book I therein.  Among other things, this French law gives approved collecting societies the right to authorise the reproduction and the representation in digital form of out-of-print books, while allowing the authors of those books, or their successors in title, to oppose or put an end to that practice subject to cer...