MonthSeptember 2020

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The question of the legal qualification of the digital book, far from being devoid of all complexity, is nonetheless essential for determining the applicable legal regime.

In order to determine the regime applicable to the digital book, the question was asked whether the latter was the same as the printed book, in which case it would have the same legal regime applied. Having regard to the legal qualification established by the legislator, it was found that the legal regime applicable to the paper book could not, as it was, be applied to the digital book. It was then decided to adapt this diet. One of the most telling illustrations is that of the publishing contract.

After presenting the reasons which led to the adoption of a new publishing contract (1), certain points of this contract will be presented (2).

Defined by Article L. 132-1 of the Intellectual Property Code, the publishing contract is the contract by which an author transfers his exploitation rights to his work to the publisher, that is to say say the right of reproduction and the right of representation of the work. Under this contract, the publisher bears both the financial and legal risks associated with the exploitation of the work. Originally designed for the paper book, the publishing contract soon collided with the entry of the book into the digital age, thus calling for an adaptation of the legal rules applicable to paper publishing.

Although nothing was originally expressly provided for digital publishing in the publishing contract, it was none the less absent. Most of the time, the edition of the digital book was the subject of an amendment to the initial publishing contract or of so-called digital clauses, scattered in different paragraphs of the contract. Since this partial integration is a source of legal uncertainty for both authors and publishers, they have decided to join forces to adapt the publishing contract to the digital age.

After four years of negotiations, authors and publishers have reached an agreement: the agreement of March 21, 2013, adopted by the Permanent Council of Writers (CPE) and the SNE, whose new provisions have been in force since December 1, 2014 [ 2].

Overall, the new publishing contract is intended to be more protective of the interests of authors. On the one hand, certain practices relating to the exercise of the publishing profession are now the subject of a provision. As such, we can cite the obligation of permanent and continuous exploitation of the work, or even the obligation of accountability. On the other hand, the contract introduces new clauses aimed at reestablishing a fair balance between authors and publishers. One thinks in particular of the so-called end-of-use clause for the benefit of the author. However, certain points of the contract are open to discussion; we will examine some of them in turn.

For the sake of uniqueness, the new publishing contract is a common contract for paper and digital publishing. It has two separate parts, one for the assignment of print rights, the other for the assignment of digital rights.

Although the CPE and the SNE wanted to combine the different modes of book production in a single contract, their efforts are in vain in the event of termination of one of the parties, which does not entail termination of all. the contract.

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The State (DRAC) and the Normandy Region allocate aid on the basis of the proposals of the technical review committee and ensure the mandate and management of these.

The unstable economic context weakens the businesses and book companies whose margins are low. Their future depends on their ability to take new initiatives likely to strengthen their competitiveness. These prospects imply enhanced professionalization, increased skills and more systematic recourse to training. They also involve commercial strategies and tangible and intangible investments adapted to the reality of the market, to customer expectations and to conquering new audiences.

In Normandy, in addition to FADEL, the Region and the State (DRAC) particularly wish to support the structuring of the sector, via N2L, by strengthening the offer of vocational training, expertise and advice, or development economic measures dedicated to the sector.

The partners are committed to developing existing systems at the regional level to adapt them to the needs of businesses. The issue of professionalization, training and the measured development of jobs and skills remains a priority and will be supported by all available means.

The presence of the authors and the location of places of production and distribution of the book correspond to the distribution of the population in the territory. They are mainly concentrated in urban areas. Maintaining independent book sales outlets in urban agglomerations of all sizes, as well as their presence in rural areas, contributes to their attractiveness and to the widest possible distribution of books. It therefore appears necessary both to maintain these creative and production activities and to support professional and qualified sales outlets in rural or semi-rural areas in order to preserve access to books for the greatest number of readers. These bookstores, including the most established ones, support editorial diversity and the book ecosystem as a whole.

The public policies carried out so far by the State (DRAC) and the Region have thus aimed to guarantee balanced access to culture throughout the region while preserving, with a concern for planning and regional development, the attractiveness and vitality of independent bookstores in town centers, particularly in rural areas and in areas far from large urban areas.

The partners undertake to give priority to promoting investment projects and the professionalization of places where books are sold, promoting a pluralist and diversified editorial offer accessible to as many people as possible across all regions. They are committed to facilitating the development of actions taking into account territorial specificities.

Innovation and the development of digital solutions are essential to optimize the visibility of editorial creation and commercial proposals, but also to improve the competitiveness of companies. The development of the digital book market continues (6.5% of the turnover of publishing houses in France in 2015, according to annual statistics published by the National Publishing Union).

However, the consideration by actors of the book ecosystem remains weak in this area. The lack of training, the insufficient investment capacity of the players in the sector as well as the low margins generated are obstacles to digital development. L

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After a period of one year from the date of the offer, the property may not be sold by mutual agreement, even under the conditions provided for in the previous paragraph, without a new offer being made to the lessee.

The acting officer who passes a deed of sale by mutual agreement to a person other than the lessee is required to notify the latter of the price and conditions of the sale, within the month of registration.

Notwithstanding any stipulation to the contrary, the lessee has a period of one month from the notification of his acceptance to pay the price.

2. In the event of a public sale, the acting officer is required to notify the lessee of the place, date and time of the sale, at least fifteen days in advance.

[If the sale takes place without reservation of the possible exercise of the right to increase the bid, the acting officer is required to ask publicly, at the end of the auction and before the auction, whether the lessee or his agent wishes to exercise his right to preemption at the price of the last offer. If the lessee agrees to the question of the acting officer, the sale becomes final. If the lessee refuses, is silent or is absent, the sale continues. If the lessee keeps his answer to the acting officer’s question in suspense, the auction takes place under the condition precedent of non-exercise of the right of preemption.

If the lessee has not, within ten days, notified the notary of his acquiescence, in accordance with article 57, or given his acquiescence by deed of the acting official, the auction is final.

If the sale takes place subject to the possible exercise of the right of overbidding, the acting officer is not required to ask the lessee if he exercises his right of first refusal:

a) if there is an overbid, the exploit will be reported to both the lessee and the successful tenderer;

b) if there is no overbid or if the overbid is refused by the notary, the latter will notify the amount of the last offer to the lessee, asking him if he wishes to exercise his right of first refusal. If the lessee has not, within ten days, notified his acquiescence to the notary according to article 57 or given this acquiescence by deed of the acting official, the auction is final.] (2)

In the event of a resale as a result of an overbid, the same notice must be given to the lessee eight days in advance and the same question must be asked publicly to the lessee at the overbidding session.] (1)

Art. 48. [§ 1. The owner sells the property by mutual agreement to a person other than the lessee only after having enabled the latter to exercise his right of pre-emption. To this end, the notary notifies the lessee of the content of the deed drawn up under the suspensive condition of non-exercise of the right of pre-emption, the identity of the purchaser excepted. This notification constitutes an offer to sell.

If the lessee accepts the offer, he shall notify his acceptance to the Notary within one month of the notification referred to in paragraph 1, in which case, in accordance with article 1583 of the Civil Code, the sale is perfect between the parties as soon as the acceptance of the lessee has come to the knowledge of the Notary.

If the offer is not accepted within the period provided for in paragraph 2, no sale by mutual agreement can be made by the owner to a third party at a lower price or on more favorable conditions, without the agreement of the lessee.

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c) Critical thinking is above all necessary for good criticism. And this spirit demands the ability to find the connection and the analogies between the various propositions, constitutions, theorems, phenomena, parts of science, which appear unrelated and often even at odds; the ability to find the most natural genesis of facts, unity in diversity, order in chaos, laws in disorder: the ability to see utility, truth and to suppress what is superfluous, useless, false. He is not a man of genius if he does not possess a critical mind, for genius proceeds by synthesis. (V. G. Cavallero.)

d) In general, criticism is unorganized: 1 ° it has no criteria formulated into a system; 2 ° it only applies to a limited number of works or works [61]; 3 ° the criticisms formulated and published remain dispersed as regards the reader; they rarely join the work criticized (insufficient bibliography of critics); 4 ° absence of sanctions from the critics, either because there are no more subsequent editions of the criticized work, or because the author ignores them and does not bother to refute them.

e) By scientific control, we should understand the organic measures intended to establish the value of theses and conclusions. To this end, it would be necessary to determine who will judge and according to what procedure. The judgment should belong to bodies or agents belonging to international associations duly organized and held for the highest scientific authorities in each field of their competence. The process of thesis defense discussions dates back to the Middle Ages; it gives an indication of what can be done, but it should be improved. It would help the expression of scientific rules and bibliological rules, as well as the possibility of knowing the exact state of the position of science on each question by means of well-organized documentation.

f) The notion of expert and expertise is developing. Expertise becomes a general act. It consists of giving a reasoned opinion on the current state of knowledge by applying it to a specific concrete point. In legal matters, the affirmation of a given state of legislation is the “parère”. The notion of parere should be generalized in all areas. Expertise then would be a mixture of parer and criticism.

g) There are the conclusions of national and international congresses. These conclusions are taken following regular procedures which are always becoming clearer; introduction of agenda items, inquiries, committee reports, formal discussion, voting, subsequent codification of resolutions. [62]

h) There are control tests in some areas. Eg. the issue of revising history textbooks. It was the subject of the work of a Committee of Experts of the League of Nations, the International Congress for the Teaching of History (The Hague, July 2, 1932). They were echoed by the Committee for Moral Disarmament established by the International Conference on the Limitation and Reduction of Armaments. A procedure has been proposed to arrive at the revision.

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The composing machine, with its various advances, has the following advantages: always new character, very fast working tool; fewer typographical errors to correct, as there are no more missing letters, flipped characters, difficult-to-read numbers, broken letters, mixed up; characters of various types made easy, easier to keep certain texts for reprinting, whereas in the past it was necessary to immobilize part of the material. The typesetting machine composes 5,000 letters per hour and redistributes 15,000 of them. There are quite a number of typesetting machines today: the linotype, the monotype, the intertype, the typograph.

b) The one-design machine offers the advantage of a small keyboard separate from the casting machine. This allows the keyboard to be operated in an office, far from the machine, and to produce work under the same conditions as the ordinary typewriter. This can save on a transcription. For example, bibliographic records, especially those of the review of periodicals, extracts or copies of works can be done without danger of seeing the originals soiled or obligation to transport them outside.

c) The Intertype Corporation now supplies its machines with a new device allowing the registration and centering of lines, a device which adds to the Intertype machine the following mechanical advantages: automatic and instantaneous registration on any length of line, without use of ems and space bands; 2 ° centering, in the middle of a line, of a title without the use of space material; 3 ° framing or centering of a text, a word and even a single letter, with or without the use of space material.

A control button is located on the machine vice and within easy reach of the operator. With the button down, the machine will center a text, words, a word, a single letter on any length of line, without further attention. With the button raised, the machine will automatically fill in the unfilled line.

d) From composition to machine, progress can be expected in several directions. The perforated bands of the monotype, where tomorrow the same typing will mark visible characters, will become precious clichés, readable by all, for the multiple use of the same texts. The simple typewriter, equipped with typographic characters and carrying out the automatic justification, will provide the proofs which will then suffice to go to lithography. There has been talk of a photographic composing machine that is less complicated and cumbersome than typography. Letters arranged on a glass stand are illuminated by the call of a keyboard that operates the lamps; a mirror and prism device returns the image of the letter to be photographed onto a plate that has been sensitized beforehand and which moves automatically after each photograph. But there is justification and correction. [15]

a) The Marinoni press, invented in 1872, fundamentally changed the way newspapers were made. She has helped the newspaper flourish around the world.

Gutenberg’s press barely had to produce one sheet per minute, while our presses can print from 30 to 1,600 copies in the same amount of time. The latest presses have a potential of 100,000 multi-page newspapers in an hour.

b) Binding machines work wonders. They tend more and more to mechanically pick up the volume at the end of the press, to fold the sheets mechanically, to sew them mechanically, to press them mechanically. O

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The system of universal community consecrates between the spouses the community of all property, both movable and immovable, as well as their present and future debts.

The spouses, however, will retain their own movable and immovable property that they will collect free of charge with exclusion from the community and property which is strictly personal to them as well as life insurance capital, compensation for physical or moral damage. , alimony, retirement and disability pensions.

In the event of modification of the regime of the universal community, in accordance with article 494, the universal community will be divided by half both actively and passively, as in the event of the dissolution of marriage.

The debts contracted before the modification of the regime may be sued by third parties after these, jointly and severally on the patrimony of the spouses and possibly before partition, on what remains of the common patrimony.

The settlement between spouses of these debts will be made in accordance with article 529.

At the dissolution of the marriage, the assets and liabilities of the community are shared by half between the former spouses or between the surviving spouse and the heirs of the other spouse.

Claims acquired before the dissolution of the marriage but settled subsequently are owed by half by the debtors to the former spouses or to the surviving spouse and to the heirs of the other spouse.

Debts contracted before the dissolution of the marriage may be pursued by third parties jointly and severally, on the assets of the former spouses or on those of the surviving spouse and the heirs of the other spouse.

The person who has settled the debt has a right of recourse against the holder or holders of other patrimonies, in proportion to their share, in the division of the community.

The provisions relating to successions and concerning the methods of partition, the relations between coheirs after the partition and the rights of creditors not regulated by this article, are applicable by analogy to the division of the common property.

At the dissolution of the marriage, the own assets remain in the patrimony of the spouse to whom they belong, if these are found in kind or if a separate account is established.

If the disorder of the husband’s affairs, his mismanagement or his notorious misconduct give rise to fear that the continuation of the regime of the universal community with the management entrusted to the husband would compromise the interests of the wife, the latter may sue separation of property.

Mention of the judgment of separation will be made in the margin of the marriage certificate at the request of the wife.

The judgment pronouncing the separation of property takes effect, between the spouses, on the day of the request and vis-à-vis third parties on the date of marginal registration in the marriage certificate.

The separation of property entails the liquidation of the property of the community in accordance with the provisions of article 535.

The causes of dissolution of all marriages as well as the effects of this dissolution are the same regardless of the form in which the marriage was celebrated.

3. – by the new marriage of the spouse of the absentee, contracted after the judgment declaring the absentee’s death.

The effects of the declaratory judgment of the absentee’s death are governed by the provisions relating to civil status.

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Pressure regulators conforming to standards NF D 36-303 or NF M 88-773 and supplying a single device can take the place of control valves.

IV. – As of July 1, 1997, new gas installations supplied from a pipeline network and carried out in new or existing buildings must be fitted with a triggering device automatically cutting off the gas supply to the cooking appliances and washing machines in the event of cutting or disconnection of the flexible pipe supplying said appliances.

This requirement also applies to modifications or additions to existing installations when replacing the control valve of a cooking appliance or a washing machine.

The trigger device automatically cutting off the gas supply to cooking appliances and washing machines in the event of cutting or disconnection of the flexible pipe supplying said appliances is not compulsory when the gas used is a gas first family within the meaning of standard NF EN 437.

In this case, the flexible supply hose for the devices must comply with standard NF D 36-103 or with standard NF D 36-121.

V. a) From the dates specified in point b below, the manufacture or import with a view to release for consumption on the French market, the offering for sale, the sale, the installation and the putting on service of regulators intended to be attached to mobile receptacles for commercial butane or commercial propane as well as gas utilization devices fitted with regulators integrated in the factory are only authorized if said regulators:

– Have an integrated triggering device automatically cutting off the gas supply to the appliance in the event of cutting or disconnection of the flexible tube or flexible pipe ensuring said supply.

Regulator valves with built-in flow limiter, with fixed adjustment, intended for installation on commercial butane cylinders equipped with a ball valve are deemed to meet the requirement in the second indent above if, after activation, the residual butane leakage does not exceed 30 grams per hour.

b) The dates of application of the provisions of point a above are as follows:

– July 1, 1998 for the manufacture or import with a view to release for consumption on the French market of the aforementioned regulators;

– November 1, 1998 for the sale, sale, installation and commissioning of these regulators;

– March 1, 1999 for the manufacture or import with a view to release for consumption on the French market of gas use devices fitted with regulators integrated in the factory;

– July 1, 1999 for the sale, sale, installation and commissioning of gas use devices manufactured prior to March 1, 1999 fitted with factory-integrated regulators.

VI. The use of taps with welded rubber ends on gaseous fuel installations supplied by networks and located inside residential buildings or their outbuildings is prohibited from July 1, 2015.

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The lake is frozen, but we are going. We come out cold, not in the best of shape. We meet 4 friends who have given themselves a weekend without men or children. Neither one nor two, we meet over a drink to learn about the most beautiful Swiss in the country. The girls stay in the house to sleep. A little higher up, dancers party in the mountains and dance on Stromae. Like what… Below, chickens, rabbits, geese, sheep are clamoring to eat. We leave just before night falls, the path is easier than going, we dare to take a selfie with the cows, just to show off in front of the friends. The return in the dark with turns, toads and foxes, however, is quite stressful. The evening ends with Nathalie, a friend from Brussels found by chance in Rougemont in the same building as us, in the company of her cheeses. The last lakes where we stop are Lake Arnon and Lake Gruyère. In the first, we attack a vegetarian Flammekueche after swimming, in the second, we observe with attention a bulldog in a life jacket installed on a paddle.

To change lakes, we push as far as Friborg. Lack of pot, it’s Monday. All museums are closed, most shops too. We can only dream of this Japanese store that we envied with its useless but very beautiful tea boxes. At the Balance Theater, where the Tourist Office is located, there is a nice café, Le point commun, which offers creations by local artists. Here, cheeses knitted in wool, there, paper flowers revealing words taken from books. The food is good, it feels good. We meet Camille, a young mother of 4 children who quit her job as a forensic police officer two and a half years ago to switch to specialty coffee. She wears white mini Barbie shoes from Berlin to her ears and takes us to BlueFACTORY, a warehouse that houses a fresh pasta restaurant, bar and workspace. The venue last month hosted the Festival of Lost Festivals, namely local events that did not take place due to Covid. Camille recounts her career, her interest in coffee. Inside, garden gnomes have invited themselves to the bar, outside, a swing with colorful ribbons entertains the children.

It’s very hot that day, it’s hard, cities in scorching weather. We continue the walk towards the cathedral. To get there, go through rue des Épouses shown on the map. The name is playful, two male and female characters greet us at the entrance to the street. A sign reads: “This is the rue des Épouses faithful and also the corner of the model husbands”. A few meters further on, a storefront has chosen as its name that of the “Infideles” (!). You come to the Belvédère, a pleasant bar overlooking the river. Wasps assail us and sting the bartender’s lip. We run away to come back even better in the evening because there are amateur concerts there on Mondays – but we have spotted the pinball machine. We continue with a desire to swim. We try the pool but it’s awful. We try the river but it is frozen and it starts to rain. We try the box of cookies and it’s a success. In the forest, we still spot dwarves (it’s gay, dwarves) and we take the funicular, in masked mode, to go back up to the old town.

We sit down at the end of the day at the Bar des Trentenaires, a very nice place in the old town where we pretend to ignore the closed tea shop just opposite. The bar bluntly announces, “Thirties like good beer.” We therefore set our sights on a soft beer made from raw wheat and another based on coriander and orange peel. We end the walk in Friborg without having seen a single museum, but toast at the TM bar with some nice cocktails, telling ourselves that we would come back another day than Monday. Next and last stop: Thun, Lucerne and Basel.

– Stop at the BD Bulle bookstore in Friborg, to stock up on bubbles, boxes and albums

– See the concerts of the Gstaad Menuhin festival online. Vote for his favorite “Young Star” – of which Pallavi Mahidhara is one – from September 10 to 30. The musician who has received the greatest number of votes will be scheduled for the next festival.

Acknowledgments: Letizia Robbiani (Switzerland Tourism), Sandra Mivelaz (HR Giger Museum), Emilie Chavaillaz (Château de Gruyère), Fabienne Porchet (La Maison du Gruyère), Damir Kalajdzini (Cailler chocolate factory), Antonino Pace (Hôtel Rougemont), Sophie Labarraque and Augustin de Candolle (Hôtel Ermitage, Château-d’Oex), Rolf Steiger (Center Menuhin), Christine von Siebenthal (Gstaad Menuhin festival), Elise Morard (Office du Tourisme de Friborg), Camille Schoenenweid (Café Pouponne & Loulette)

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