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Journal Officiel de la République
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Intellectual
Property Code
INTELLECTUAL PROPERTY CODE
Dernier texte modificateur Loi
2003-706 du
Chapter
I: Nature of Copyright
Article L111-1.
The author of a work of the mind shall
enjoy in that work, by the mere fact of its creation, an exclusive incorporeal
property right which shall be enforceable against all persons.
This right shall include attributes of an
intellectual and moral nature as well as attributes of an economic nature, as
determined by Books I and III of this Code.
The existence or conclusion of a contract
for hire or of service by the author of a work of the mind shall in no way
derogate from the enjoyment of the right afforded by the first paragraph above.
Article L111-2
A work shall be deemed to have been
created, irrespective of any public disclosure, by the mere fact of realization
of the author’s concept, even if incomplete.
Article L111-3
The incorporeal property right set out in
Article L111-1 shall be independent of any property right in the physical
object.
Acquisition of such object shall not vest
in the acquirer of the object any of the rights afforded by this Code, except
in those cases referred to in the provisions of the second and third paragraphs
of Article L123-4. These rights shall subsist in the person of the author or of
his successors in title who, nevertheless, may not require the proprietor of
the physical object to make such object available to them for the exercise of
those rights. However, in the event of manifest abuse by the proprietor
preventing exercise of the right of disclosure, the first instance court may take
any appropriate measure, in accordance with the provisions of Article L121-3.
Article L111-4
Subject to the international conventions
to which France is party, in the event that it is ascertained, after
consultation with the Minister for Foreign Affairs, that a State does not
afford to works disclosed for the first time in France, in any form whatsoever,
protection that is adequate and effective, works disclosed for the first time
on the territory of such State shall not enjoy the copyright protection
afforded by French legislation.
However, neither the integrity nor the
authorship of such works may be impaired.
In the cases referred to in the first
paragraph above, the royalties shall be paid to general interest bodies
designated by decree.
Article L111-5
Subject to the international conventions,
foreigners shall enjoy in France the rights afforded to authors of software by
this Code on condition that the law of the State of which they are nationals or
on the territory of which they have their place of residence, their registered
offices or an effective establishment affords its protection to software
created by French nationals and by persons having in France their place of
residence or an effective establishment.
Article L112-1
The provisions of this Code shall protect
the rights of authors in all works of the mind, whatever their kind, form of
expression, merit or purpose.
Article L112-2
(Act No. 94-361 of 10 May 1994 art. 2
Official Journal of 11 May 1994)
The following, in particular, shall be
considered works of the mind within the meaning of this Code:
1°.books, pamphlets and other literary,
artistic and scientific writings;
2°.lectures, addresses, sermons, pleadings
and other works of such nature;
3°.dramatic or dramatico-musical works;
4°.choreographic works, circus acts and
feats and dumb-show works, the acting form of which is set down in writing or
in other manner;
5°.musical compositions with or without
words;
6°.cinematographic works and other works
consisting of sequences of moving images, with or without sound, together
referred to as audiovisual works;
7°.works of drawing, painting,
architecture, sculpture, engraving and lithography;
8°.graphical and typographical works;
9°.photographic works and works produced
by techniques analogous to photography;
10°.works of applied art;
11°.illustrations, geographical maps;
12°.plans, sketches and three-dimensional
works relative to geography, topography, architecture and science;
13°.software, including the preparatory
design material;
14°.creations of the seasonal industries
of dress and articles of fashion. Industries which, by reason of the demands of
fashion, frequently renew the form of their products, particularly the making of
dresses, furs, underwear, embroidery, fashion, shoes, gloves, leather goods,
the manufacture of fabrics of striking novelty or of special use in high
fashion dressmaking, the products of manufacturers of articles of fashion and
of footwear and the manufacture of fabrics for upholstery shall be deemed to be
seasonal industries.
Article L112-3
(Act No. 96-1106 of 18 December 1996 Art.
1 Official Journal of 19 December 1996)
(Act No. 98-536 of 1 July 1998 art. 1
Official Journal of 2 July 1998)
The authors of translations, adaptations,
transformations or arrangements of works of the mind shall enjoy the protection
afforded by this Code, without prejudice to the rights of the author of the
original work. The same shall apply to the authors of anthologies or
collections of miscellaneous works or data, such as databases, which, by reason
of the selection or the arrangement of their contents, constitute intellectual
creations.
Database means a collection of independent works, data or other materials,
arranged in a systematic or methodical way, and capable of being individually
assessed by electronic or any other means.
Article L112-4
The title of a work of the mind shall be
protected in the same way as the work itself where it is original in character.
Such title may not be used, even if the
work is no longer protected under Articles L123-1 to L123-3, to distinguish a
work of the same kind if such use is liable to create confusion.
Chapter
III: Owners of Copyright
Article L113-1
Authorship shall belong, unless proved
otherwise, to the person or persons under whose name the work has been
disclosed.
Article L113-2
“Work of collaboration” shall mean a work
in the creation of which more than one natural person has participated.
“Composite work” shall mean a new work in
which a preexisting work is incorporated without the collaboration of the
author of the latter work.
“Collective work” shall mean a work
created at the initiative of a natural or legal person who edits it, publishes
it and discloses it under his direction and name and in which the personal
contributions of the various authors who participated in its production are
merged in the overall work for which they were conceived, without it being
possible to attribute to each author a separate right in the work as created.
Article L113-3
A work of collaboration shall be the joint
property of its authors.
The joint authors shall exercise their
rights by common accord.
In the event of failure to agree, the
civil courts shall decide.
Where the contribution of each of the
joint authors is of a different kind, each may, unless otherwise agreed,
separately exploit his own personal contribution without, however, prejudicing
the exploitation of the common work.
Article L113-4
A composite work shall be the property of
the author who has produced it, subject to the rights of the author of the
preexisting work.
Article L113-5
A collective work shall be the property,
unless proved otherwise, of the natural or legal person under whose name it has
been disclosed.
The author’s rights shall vest in such
person.
Article L113-6
The authors of pseudonymous and anonymous
works shall enjoy in such works the rights afforded by Article L111-1.
They shall be represented in the exercise
of those rights by the original editor or publisher, until such time as they
reveal their true identity and prove their authorship.
The declaration referred to in the
preceding paragraph may be made by will; however, any rights previously acquired
by other persons shall be maintained.
The provisions in the second and third
paragraphs above shall not apply if the pseudonym adopted by the author leaves
no doubt as to his true identity.
Article L113-7
Authorship of an audiovisual work shall
belong to the natural person or persons who have carried out the intellectual
creation of the work.
Unless proved otherwise, the following are
presumed to be the joint authors of an audiovisual work made in collaboration:
1°.the author of the script;
2°.the author of the adaptation;
3°.the author of the dialogue;
4°.the author of the musical compositions,
with or without words, specially composed for the work;
5°.the director.
If an audiovisual work is adapted from a
preexisting work or script which is still protected, the authors of the
original work shall be assimilated to the authors of the new work.
Article L113-8
Authorship of a radio work shall belong to
the natural person or persons who carried out the intellectual creation of the
work.
The provisions of the final paragraph of
Article L113-7 and those of Article L121-6 shall apply to radio works.
Article L113-9
(Act No. 94-361 of 10 May 1994 art. 2
Official Journal of 11 May 1994)
Unless otherwise provided by statutory
provision or stipulation, the economic rights in the software and its
documentation created by one or more employees in the execution of their duties
or following the instructions given by their employer shall be the property of
the employer and he exclusively shall be entitled to exercise them.
Any dispute concerning the application of
this Article shall be submitted to the first instance court of the registered
place of business of the employer.
The first paragraph of this Article shall
also apply to servants of the State, of local authorities and of public
establishments of an administrative nature.
Article L121-1
An author shall enjoy the right to respect
for his name, his authorship and his work.
This right shall attach to his person.
It shall be perpetual, inalienable and
imprescriptible. It may be transmitted mortis causa to the heirs of the author.
Exercise may be conferred on another
person under the provisions of a will.
Article L121-2
The author alone shall have the right to
divulge his work. He shall determine the method of disclosure and shall fix the
conditions thereof, subject to Article L132-24.
After his death, the right to disclose his
posthumous works shall be exercised during their lifetime by the executor or
executors designated by the author. If there are none, or after their death,
and unless the author has willed otherwise, this right shall be exercised in
the following order: by the descendants, by the spouse against whom there
exists no final judgment of separation and who has not remarried, by the heirs
other than descendants, who inherit all or part of the estate and by the
universal legatees or donees of the totality of the future assets.
This right may be exercised even after
expiry of the exclusive right of exploitation set out in Article L123-1.
Article L121-3
In the event of manifest abuse in the
exercise or non-exercise of the right of disclosure by the deceased author’s
representatives referred to in Article L121-2, the first instance court may
order any appropriate measure. The same shall apply in the event of a dispute
between such representatives, if there is no known successor in title, no heir
or no spouse entitled to inherit.
Such matters may be referred to the courts
by the Minister responsible for culture.
Article L121-4
Notwithstanding assignment of his right of
exploitation, the author shall enjoy a right to reconsider or of withdrawal,
even after publication of his work, with respect to the assignee. However, he
may only exercise that right on the condition that he indemnify the assignee
beforehand for any prejudice the reconsideration or withdrawal may cause him.
If the author decides to have his work published after having exercised his
right to reconsider or of withdrawal, he shall be required to offer his rights
of exploitation in the first instance to the assignee he originally chose and
under the conditions originally determined.
Article L121-5
An audiovisual work shall be deemed
completed when the final version has been established by common accord between
the director or, possibly, the joint authors, on the one hand, and the
producer, on the other.
Destruction of the master copy of such
version shall be prohibited.
Any change made to that version by adding,
deleting or modifying any element thereof shall require the agreement of the
persons referred to in the first paragraph above.
Any transfer of an audiovisual work to
another kind of medium with a view to a different mode of exploitation shall
require prior consultation with the director.
The authors’ own rights, as defined in
Article L121-1, may be exercised by those authors only in respect of the
completed audiovisual work.
Article L121-6
If one of the authors refuses to complete
his contribution to an audiovisual work or is unable to complete such
contribution due to circumstances beyond his control, he shall not be entitled
to oppose use of that part of his contribution already in existence for the
purpose of completing the work. He shall be deemed the author of such
contribution and shall enjoy the rights deriving therefrom.
Article L121-7
(Act No. 94-361 of 10 May 1994 art. 2
Official Journal of 11 May 1994)
Except for any stipulation more favorable
to the author, such author may not:
1°.oppose modification of the software by
the assignee of the rights referred to in item 2 of Article L122-6 where such
modification does not prejudice either his honor or his reputation;
2°.exercise his right to reconsider or of
withdrawal.
Article L121-8
The author alone shall have the right to
make a collection of his articles and speeches and to publish them or to
authorize their publication in such form.
With regard to all works published in such
way in a newspaper or periodical, the author shall maintain his right, unless
otherwise stipulated, to have them reproduced or to exploit them in any form
whatsoever, on condition that such reproduction or exploitation is not such as
to compete with the newspaper or periodical concerned.
Article L121-9
Whatever the marriage arrangements and on
pain of nullity of any clause to the contrary contained in a marriage contract,
the right to disclose a work, to lay down the conditions for exploiting it and
for defending its integrity shall remain vested in the spouse who is the author
or in the spouse to whom such rights have been transmitted. This right may not
be brought in dowry nor acquired as community property nor subsequently
acquired as community property.
The monetary proceeds resulting from the exploitation
of a work of the mind or from the total or partial assignment of the right of
exploitation shall be subject to the general rules of law applicable to
marriage arrangements only if acquired during the marriage; the same shall
apply to savings made on such account.
The provisions laid down in the preceding
paragraph shall not apply if the marriage was contracted prior to
The legislative provisions relating to the
contributions of the spouses to the cost of the household shall apply to the
monetary proceeds referred to in the second paragraph of this Article.
Chapter
II: Patrimonial Rights
Article L122-1
The right of exploitation belonging to the
author shall comprise the right of performance and the right of reproduction.
Article L122-2
Performance shall consist in the
communication of the work to the public by any process whatsoever,
particularly:
1°.public recitation, lyrical performance,
dramatic performance, public presentation, public projection and transmission in
a public place of a telediffused work;
2°.telediffusion.
Telediffusion shall mean distribution by
any telecommunication process of sounds, images, documents, data and messages
of any kind.
Transmission of a work towards a satellite
shall be assimilated to a performance.
Article L122-2-1
(inserted by Act No. 97-283 of 27 Mars
1997 art. 1 Official Journal of 28 Mars 1997)
The right of performance of a work
broadcast by satellite shall be governed by the provisions of this Code where
the work is transmitted to the satellite from the national territory.
Article L122-2-2
(inserted by Act No. 97-283 of 27 Mars
1997 art. 1 Official Journal of 28 Mars 1997)
The right of performance of a work
broadcast by satellite which is transmitted from the territory of a
1°.where the uplink to the satellite is
provided by a station situated on the national territory, in which case the
rights provided for in this Code shall be exercisable against the person
operating the uplink station;
2°.where the uplink to the satellite is
not provided by a station situated in a Member State of the European Community,
and where the transmission takes place at the request, on behalf or under the
control of an audiovisual communication enterprise having its principal
establishment on the national territory, in which case the rights provided for
in this Code shall be exercisable against the said audiovisual communication
enterprise.
Article L122-3
Reproduction shall consist in the physical
fixation of a work by any process permitting it to be communicated to the
public in an indirect way.
It may be carried out, in particular, by
printing, drawing, engraving, photography, casting and all processes of the
graphical and plastic arts, mechanical, cinematographic or magnetic recording.
In the case of works of architecture,
reproduction shall also consist in the repeated execution of a plan or of a
standard project.
Article L122-4
Any complete or partial performance or
reproduction made without the consent of the author or of his successors in
title or assigns shall be unlawful. The same shall apply to translation,
adaptation or transformation, arrangement or reproduction by any technique or
process whatsoever.
Article L122-5
(Act No. 94-361 of 10 May 1994 art. 5 II
Official Journal of 11 May 1994)
(Act No. 97-283 of 27 Mars 1997 art. 17
Official Journal of 28 Mars 1997)
(Act No. 98-536 of 1 July 1998 art. 2 and
art. 3 Official Journal of 2 July 1998)
(Act No. 2000-642 of 11 July 2000 art. 47
Official Journal of
Once a work has been disclosed, the author
may not prohibit:
1°. private and gratuitous performances carried out exclusively within
the family circle;
2°. copies or reproductions reserved strictly for the private use of the copier
and not intended for collective use, with the exception of copies of works of
art to be used for purposes identical with those for which the original work
was created and copies of software other than backup copies made in accordance
with paragraph II of Article L. 122-6-1, as well as copies or reproductions of
an electronic database;
3°. on condition that the name of the author and the source are clearly stated:
a) analyses and short quotations justified by the critical, polemic,
educational, scientific or informatory nature of the work in which they are
incorporated;
b) press reviews;
c) dissemination, even in their entirety, through the press or by broadcasting,
as current news, of speeches intended for the public made in political,
administrative, judicial or academic gatherings, as well as in public meetings
of a political nature and at official ceremonies;
d) complete or partial reproductions of works of graphic or three-dimensional
art intended to appear in the catalogue of a judicial sale held in France, in
the form of the copies of the said catalogue made available to the public prior
to the sale for the sole purpose of describing the works of art offered for
sale.
A decree by the Conseil d’Etat shall determine the characteristics of the
documents and the conditions governing their distribution.
4°. parody, pastiche and caricature, observing the rules of the genre.
5°. acts necessary to access the contents of an electronic database for the
purposes of and within the limits of the use provided by contract.
Article L122-6
(Act No. 94-361 of 10 May 1994 art. 5I
Official Journal of 11 May 1994)
Subject to the provisions of Article
L122-6-1, the exploitation right belonging to the author of the software shall
include the right to do or to authorize:
1°.the permanent or temporary reproduction
of software by any means and in any form, in part or in whole. Insofar as
loading, displaying, running, transmission or storage of the software
necessitate such reproduction, such acts shall be possible only with the
authorization of the author;
2°.the translation, adaptation,
arrangement or any other alteration of software and the reproduction of the
results thereof;
3°.the placing on the market for
consideration or gratuitously, including rental, of the software or of copies
thereof by any process. However, the first sale of a copy of software on the
territory of a Member State of the European Community or of a State party to
the agreement on the European Economic Area by the author or with his consent
shall exhaust the right of placing on the market of that copy in all Member
States, with the exception of the right to authorize further rental of a copy.
Article L122-6-1
(Act No. 94-361 of 10 May 1994 art. 5I
Official Journal of 11 May 1994)
I.The acts referred to in items 1 and 2 of
Article L122-6 shall not require authorization by the author where they are
necessary for the use of the software by the person entitled to use it in
accordance with its intended purpose, including for error correction.
However, an author may by contract reserve
the right to correct errors and stipulate any special conditions to which shall
be subject the acts referred to in items 1 and 2 of Article L122-6, necessary
to enable the entitled person to use the software in accordance with its
intended purpose.
II. A person having the right to use the
software may make a backup copy where such is necessary to ensure use of the
software.
III. A person having the right to use the
software shall be entitled, without the authorization of the author, to
observe, study or test the functioning of the software in order to determine
the ideas and principles which underlie any element of the software if he does
so while performing any of the acts of loading, displaying, running,
transmitting or storing the software which he is entitled to do.
IV. Reproduction of the code of the
software or translation of the form of that code shall not require the
authorization of the author where reproduction or translation within the
meaning of item 1 or 2 of Article L. 122-6 is indispensable for obtaining the
information necessary to achieve the interoperability of independently created
software with other software, providing that the following conditions are met:
1°.these acts are performed by a person
entitled to use a copy of the software or on his behalf by a person authorized
to do so;
2°.the information necessary to achieve
interoperability has not previously been readily available to the persons referred
to in item 1, above;
3°.and these acts are confined to the
parts of the original software which are necessary to achieve interoperability.
The information thus obtained may not:
1°.be used for goals other than to achieve
the interoperability of the independently created software;
2°.be given to others, except where
necessary for the interoperability of the independently created software;
3°.or be used for the development,
production or marketing of software substantially similar in its expression, or
for any other act which infringes copyright.
V. This Article may not be interpreted in
such a way as to prejudice the normal exploitation of the software or to cause
unreasonable prejudice to the author’s legitimate interests.
Any stipulation contrary to the provisions
of paragraphs II, III and IV of this Article shall be null and void.
Article L122-6-2
(Act No. 94-361 of 10 May 1994 art. 5I
Official Journal of 11 May 1994)
Any publication or user’s handbook
concerning means of removing or circumventing any technical device protecting
software shall state that the unlawful use of such means is liable to the
penalties laid down for cases of infringement.
A Decree in Conseil d'Etat shall
lay down the implementing rules for this Article.
Article L122-7
The right of performance and the right of
reproduction may be transferred, for or without payment.
Transfer of the right of performance shall
not imply transfer of the right of reproduction.
Transfer of the right of reproduction
shall not imply transfer of the right of performance.
Where a contract contains the complete
transfer of either of the rights referred to in this Article, its effect shall
be limited to the exploitation modes specified in the contract.
Article L122-8
Authors of graphic and three-dimensional
works shall have an inalienable right, regardless of any transfer of the
original work, to participate in the proceeds of any sale of such work by
public auction or through a dealer.
The royalty levied shall be a uniform 3% applicable
only on a selling price above an amount to be laid down by regulation.
The royalty shall be levied on the selling
price of each work and on the full price with no deduction from the basis. A
Decree in Conseil d'Etat shall lay down the conditions under which
authors may assert the rights afforded them by this Article with respect to the
sales referred to in the first paragraph above.
Article L122-9
In the event of manifest abuse in the
exercise or non-exercise of the rights of exploitation by the deceased author’s
representatives referred to in Article L121-2, the first instance court may
order any appropriate measure. The same shall apply in the event of a dispute
between such representatives, if there is no known successor in title, no heir
or no spouse entitled to inherit.
Such matters may be referred to the
courts, inter alia, by the Minister responsible for culture.
Article L122-10
(inserted by Act No. 95-4 of 3 January
1995 art. 1 Official Journal of
The publication of a work shall imply
assignment of the right of reprographic reproduction to a society governed by
Title II of Book III and approved to such end by the Minister responsible for
culture. Only approved societies may conclude an agreement with users for the
purpose of administering the right thus assigned, subject, for the stipulations
authorizing copies for the purposes of sale, rental, publicity or promotion, to
the agreement of the author or his successors in title. Failing such
designation by the author or his successor in title on the date of publication
of the work, one of the approved societies shall be deemed the assignee of the
right.
Reprography shall mean reproduction in the
form of a copy on paper or an assimilated medium by means of a photographic
process or one having equivalent effect permitting direct reading.
The provisions of the first paragraph
shall not affect the right of the author or his successors in title to make
copies for the purposes of sale, rental, publicity or promotion.
Notwithstanding any stipulation to the
contrary, the provisions of this Article shall apply to all protected works
whatever the date of their publication.
Article L122-11
(inserted by Act No. 95-4 of 3 January
1995 art. 1 Official Journal of 4 January 1995)
The agreements referred to in Article
L122-10 may provide for lump sum remuneration in the cases defined in items 1
to 3 of Article L131-4.
Article L122-12
(inserted by Act No. 95-4 of 3 January
1995 art. 1 Official Journal of 4 January 1995)
Approval of the societies referred to in
the first paragraph of Article L122-10 shall be given on consideration of:
— the diversity of the partners;
— the professional qualifications of the
officers;
— the human and material means they
propose to use to administer the reprographicre production right;
— the equitable nature of the conditions
foreseen for distributing the amounts collected.
A Decree in Conseil d'Etat shall
lay down the conditions for granting and withdrawing such approval and also the
choice of the assignee societies in application of the final sentence of the
first paragraph of Article L122-10.
Chapter
III: Term of Protection
Article L123-1
(Act No. 97-283 of 27 Mars 1997 art. 5
Official Journal of 28 Mars 1997 in force on 1 July 1995)
The author shall enjoy, during his
lifetime, the exclusive right to exploit his work in any form whatsoever and to
derive monetary profit therefrom.
On the death of the author, that right
shall subsist for his successors in title during the current calendar year and
the 70 years thereafter.
Article L123-2
(Act No. 97-283 of 27 Mars 1997 art. 6
Official Journal of 28 Mars 1997 in force on 1 July 1995)
In the case of works of collaboration, the
calendar year taken into account shall be that of the death of the last
surviving joint author.
In the case of audiovisual works, the
calendar year taken into account shall be that of the death of the last
survivor of the following joint authors: the author of the scenario, the author
of the dialogue, the author of the musical compositions, with or without words,
specially composed for the work and the main director.
Article L123-3
(Act No. 97-283 of 27 Mars 1997 art. 7
Official Journal of 28 Mars 1997 in force on 1 July 1995)
In the case of pseudonymous, anonymous or
collective works, the term of the exclusive right shall be 70 years from
January 1 of the calendar year following that in which the work was published.
The publication date shall be determined by any form of proof recognized by the
general rules of law, particularly by statutory deposit.
Where a pseudonymous, anonymous or
collective work is published in installments, the term shall run as from
January 1 of the calendar year following the date on which each installment was
published.
Where the author or authors of anonymous
or pseudonymous works reveal their identity, the term of the exclusive right
shall be that provided for in Article L123-1 or Article L123-2.
The provisions of the first and second
paragraphs shall apply only to pseudonymous, anonymous or collective works
published during the 70 years following the year of their creation.
Nevertheless, where a pseudonymous,
anonymous or collective work is disclosed on the expiry of the term mentioned
in the foregoing paragraph, its owner by succession or on another ground who
publishes it or causes it to be published shall enjoy exclusive rights for 25
years from January 1 of the calendar year following that of publication.
Article L123-4
(Act No. 97-283 of 27 Mars 1997 art. 1
Official Journal of 28 Mars 1997 in force on 1 July 1995)
In the case of posthumous works, the term
of the exclusive right shall be that provided for in Article L123-1. In the
case of posthumous works disclosed after the expiry of that term, the term of
exclusive rights shall be 25 years from January 1 of the calendar year
following that of publication.
The right of exploitation in posthumous
works shall belong to the author’s successors in title if the work is disclosed
during the term referred to in Article L123-1.
If disclosure is made on expiry of that
term, the right shall belong to the owners of the work, whether by succession
or for other reason, who publish or have the work published.
Posthumous works shall be published
separately, except where they constitute only a fragment of a work previously
published. They may only be joined with previously published works of the same
author if the author’s successors in title still enjoy the exploitation rights
therein.
Article L123-6
(Act No. 2001-1135 of 3 December 2001 art. 15 IV
Official Journal of 4 December 2001 in force on 1 July 2002)
During the term laid down in Article L. 123-1, the surviving spouse, against whom there is no final decision of separation, shall enjoy the usufruct of any right of exploitation that the author has not assigned, irrespective of the type of marriage arrangements and of the rights of usufruct deriving from Articles 756 to 757-3 and 764 to 766 of the Civil Code with respect to other assets of the estate. However, if the author has