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Is the law limited to works by French authors and first published in France? It's not clear from your posting, but AFUL appears to be saying just that, "a monopoly on the right to authorize or prohibit exploitation of all French books published in the 20th century that are out of commerce". If the law were to cover also works by foreign authors, say those first published abroad and later appearing in French translation which has gone out of print, things would get tricky indeed as it might be in conflict with the Berne Convention.

Another thing: Is this about (presumably printed) books only, or does the law cover other work types as well, such as art, music or movies? Would the MCMS get exclusive filming rights with respect to a novel that has yet to be filmed?

AFUL points out that France usually takes pride in promoting the author's moral rights (I understand that Victor Hugo once played a key role in the codification of said rights). It's indeed ironic if France will abandon its position in this regard, only to serve some private commercial interests.

What would it take to have this law overturned by the French constitutional council?