a press review is the synthesis of the titles of press general practitioner or specialized, of source mainly written on a selected geographical scale.

This review can be diffused on support even written to him but any other media support can be selected. The radiophonic and televised press reviews are current and often occupy a beach of the morning emissions.

Methodology

Manual or automated (Topicality in Web mode), the press review is the reflection of sound or its originators.

Applicable legal mode

Belgium

Canada

France

In French right, the press review is an exception to the royalty defined by the article L. 122-5 of the Code of the intellectual property.

Jurisprudence strictly restricts it with “ the joint and comparative presentation of various comments emanating different journalists and relating to the same topic or the same event ”. The right of reciprocity was also evoked at the time of the parliamentary debates on the law of March 11th, 1957 governing in France the royalty. It must of reciprocity was not transcribed in the law but the press review within the meaning of the French right - consisting in taking again part of articles or information published by others and of which these thirds remain owners - in fact is reserved for the “press agencies”.

The cumulative conditions essential to claim with this exception to the royalty are thus:

• development by an press agency, which could not be opposed to the reciprocal use of its own articles by the other press agencies quoted for their own press reviews;
• regrouping organized by topic or event: the press review - even if the criteria are less severe than for the works of compilations defined by the Code of the Intellectual property - must make watch of an effort of compilation testifying to a work of classification;
• respect of the moral right and patrimonial of the authors: short quotations which should not exempt the reader to read the original article, complete mention of the author and the body source making it possible to the reader to easily refer to it.

The press review is thus free if its development respects the criteria concerned higher and are not extracted from protected sources to the supports (database, electronic newspaper): it then does not give place to royalty for the resumption of information or comments.

To answer compilation of internal use by much of companies of articles concerning the company itself or its field of actitivé, the French Center of exploitation of the right of Copy (CFC) created the concept of Panorama of press, assembly of articles or extracts of articles.

The panorama of press, comparable in its form with the press review by its resumption of articles or information, is on the other hand subjected to royalty, is defined by CFC acting like agent of the beneficiaries according to the number of diffused specimens, of the frequency and the volume of the panoramas of press. This royalty is due each time the cumulative criteria above cannot be respected.

The prior approval required before reproduction now fell in disuse, the majority of the authors and press agencies prefer to direct towards CFC to centralize the requests.

The exception of quotation envisaged by the Code of the Intellectual property can also authorize you to reproduce some lines of one or more press articles in your own works. The cumulative conditions here also to profit from this exception are:

• short quotation: your work should not exempt the reader to refer to the original articles (the tendency on the Web is to even encourage the reader by a bond cliquable). The brevity of the quotation is evaluated according at the same time and cumulatively to the length of your work and that of quoted work;
• justification by the character critical, polemical, teaching, scientific or of information of your work which must show originality and testify to an effective work to creation;
• respect of the moral right of the author: the source and the name of the author must be mentioned for each quoted article; for the quotations on the Web the good practice consists in writing in entirety the name of work or the press agency by establishing a link on the URL corresponding;
• not-denaturation of the spirit or the shape of quoted work.

The criterion generally applied by the courts dealing with the substance of a case is that of the effective professional work; the spirit of the Code of the Intellectual property is to respect the fruits of this professional work. Any action of Unfair competition or Parasitisme will be sanctioned.

See too

Related articles

• media Day before

External bonds

• Example of company carrying out of the professional press reviews