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Hello Eleonora,
Section L.122-5, par.3(a) (short quotation) has been interpreted by the Cour de cassation as precluding use of the entirety of the work. Accordingly, it would not apply in this case.
Section L.122-5, par;3(b) (press reviews) may apply. Traditionally, two conditions: (i) use that invites a reflection on current events or issue (ii) possibility of reciprocity (i.e., quoting entity has subject-matter than can be quoted).
As for Section L.122-5, par.9 (the most recent provision as it dates from 2006, the other two are much older), this is more complicated. It is by its terms limited to graphic, sculptural and architectural works and as you point out excludes photographs and illustrations that convey the information. In other words, the exception can be relied upon to reproduce a statue but not a photograph of the statue. In this cas, it seems to me that the graphic work (the caricature) is being reproduced for itself such that the exception under Section L.112-5, par.9 should apply (assuming the other conditions are met.
Jan 13, 2015, 5:14:01 AM