6.5.1-3 In which case can we say that a copyright infringement has taken place?


A copyright infringement has been committed when someone who does not have authorisation from the rights holder and/or is not acting under a limiting provision:

  • uses a work under a false designation or a designation that differs from that decided by the author;
  • publishes a work;
  • modifies a work;
  • uses a work to create a derivative work;
  • produces copies of a work in any manner;
  • offers, transfers or otherwise distributes copies of a work;
  • recites, performs or presents a work or makes a work perceptible somewhere else either directly or with the help of any kind of medium;
  • makes a work available through any kind of medium in such a way that persons may access it from a place and at a time individually chosen by them;
  • broadcasts a work by radio, television or similar means, including by wire, or retransmits a broadcast work by means of technical equipment, the operator of which is not the original broadcasting organisation;
  • makes a work made available, a broadcast work or a retransmitted work, perceptible;
  • refuses to notify the authority concerned of the origin and quantity of goods in their possession that have been unlawfully manufactured or placed on the market, and to name the recipients and disclose the extent of any distribution to commercial and industrial consumers;
  • rents out a computer program.