• Its author (or the last of its authors in the case of a collaboration work) died more than 70 years ago (CPI art. L123-1) and did not benefit from any copyright extension (CPI art. L123-8, L123-9 and L123-10)^[1];
• It is an anonymous or pseudonymous work (the identity of the author has never been disclosed) or a collective work^{CPI art. L123-3);}
• It is the recording of an audiovisual or musical work already in the public domain, and more than 50 years have passed since the performance or the recording (CPI art. L211-4).

Please note that moral rights still apply when the work is in the public domain. They encompass, among others, the right to the respect of the author's name, quality and work (CPI art. L121-1). Attribution therefore remains mandatory.

1. this statement of the Cour de Cassation).
2. ↑ The collective work status is quite restrictive, please make sure that it is actually established.

English | français | +/−