In the case of literary and artistic property rights: -Imprisonment Article L. 335.2 of the CPI makes "Infringement in France of works published in France or abroad" and "The sale, exportation and importation of infringing works" punishable by a two-year prison term and the fine specified below. Article 335.4 of the CPI imposes the same penalties for "Any fixation, reproduction, communication or making available to the public, on payment or free of charge, or any telediffusion of a performance, a phonogram, a videogram or a program made without authorization, where such is required, of the performer, the phonogram or videogram producer or the audiovisual communication enterprise ...". Article L. 335-9 of the CPI doubles the penalties if the offences defined in Articles L. 335-2 to L. 335-4 are repeated or if the offender has been contractually bound to the injured party. Unlawfully accessing or remaining in all or part of an automatic data processing system is punishable by a one-year term of imprisonment (Article 323.1 of the NCP). Hindering or altering the operation of such a system or unlawfully entering data, unlawfully deleting or modifying the data contained therein, are punishable by a three-year prison term (Articles 323.2 and 3 of the NCP). Article 323.4 of the NCP provides that "Participation in a group set up or an understanding reached for the purpose of preparing one or more of the offences specified in Articles 323.1 to 323.3, if one or more material facts have occurred, is punishable by the same penalties provided for the offence itself or for the offence most severely punished." -Monetary fines In the case of literary and artistic property: The aforementioned offences concerning the production or dissemination of works, phonograms or videograms, are punishable by a fine (combined with the term of imprisonment) of F 1,000,000. The same fine is imposed in the case of "Failure to pay the remuneration due to the author, the performer or phonogram or videogram producer in respect of private copying or public communication or of the telediffusion of phonograms ..." (third paragraph of Article L. 335-4 of the CPI). Pursuant to Article L. 335-9 of the CPI, these penalties are doubled in the event of repetition. Article L. 335-8 of the CPI provides for the criminal liability of legal persons for the aforementioned offences, and refers to the new Criminal Code. According to Article 131-38 of this Code, the maximum fine imposed on legal persons is an amount corresponding to "five times that specified for natural persons under the law that punishes the offence", in this particular case F 5,000,000. Unlawful access to an automatic data processing system is subject to a fine of F 100,000, in addition to a term of imprisonment (Article 323-1 of the NCP). Hindering the operation or unlawful alteration of the system's operation, or the unlawful entry, deletion or modification of data, are punishable by a fine of F 300,000, combined with a term of imprisonment (Articles 323-2 and 3 of the NCP). Article 323-4 referred to above imposes the same penalties for participating in a group of "hackers". Article 323-6 of the NCP provides for the criminal liability of legal persons by referring to Articles 131 38 and 131-39 of the NCP. The fine applicable to legal persons therefore varies from F 500,000 to F 1,500,000 depending on the offence committed. -Seizure, forfeiture and destruction of infringing goods and materials and implements for their production In the case of literary and artistic property: Pursuant to Articles L. 335-6 and L. 335-7 of the CPI, if there is a conviction "... the court may order confiscation of all or part of the proceeds obtained by reason of the infringement and confiscation of all phonograms, videograms, articles and copies that are infringing or have been unlawfully reproduced and of the equipment specifically installed for the purpose of committing the offence" (first paragraph of Article L. 335-6 of the CPI). The receipts, the articles and the equipment confiscated are handed to the victim or his successors in title to compensate them, without prejudice to payment of an indemnity (Article L. 335-7 of the CPI). With regard to infringement of automated databanks or databases by natural persons, Article 323-5 of the NCP provides for "the confiscation of the object used or to be used to commit the offence or the object that is the result, with the exception of objects liable to be restored". -Other In the case of literary and artistic property: The second paragraph of Article L. 335-6 of the CPI states that the court may order, at the cost of the convicted person, the posting of the judgement, and its publication in full or as extracts in such newspapers as it may designate, without the costs of such publication exceeding the amount of the fine incurred. Article L. 335-5 of the CPI provides that "... the court may order the total or partial, permanent or temporary closure, for a period not exceeding five years, of the establishment that has served for the commission of the offence" and the accompanying measures, at the expense of the person convicted, if staff are dismissed. With regard to the criminal liability of legal persons, Article L. 335-8 of the CPI refers to Article 131-39 of the Criminal Code. The latter states that legal persons other than public law legal persons or professional associations are liable to one or more of the following penalties, combined with the confiscation, publication and closure referred to above: -A ban, either permanently or for a period of five years, on directly or indirectly exercising one or more professional or social activities; -probation for a maximum period of five years; -exclusion from government procurement, either permanently or for a maximum period of five years; -ban on making a public issue, either permanently or for a maximum period of five years; -ban on issuing cheques (subject to certain limitations) or using credit cards, for a maximum period of five years. In the case of infringement of an automatic data processing system, Article 323-5 of the new Criminal Code provides that natural persons who have committed one of the aforementioned offences should be subject to the following penalties in addition to the penalties applicable to legal persons (including confiscation of the articles or equipment, publication of the judgement and closure of one or more of the company's establishments): -Deprivation of civic, civil and family rights for a maximum period of five years; -a ban on holding public office or exercising the professional or social activity in which or in the course of which the offence was committed, for a maximum period of five years. Article 323-6 of the NCP refers to Article 131-39 in respect of penalties other than fines applicable to legal persons.