28-03-2018
Participation as a jury and intervention by Maître Carole COUSON-WARLOP
lawyer in intellectual property law, in the National Intellectual Property Pleading Competition. The Cabinet ARTLEX supports the competition ...
23-03-2018
The limitation of liability clause survives the cancellation of the contract
By a judgment of February 7, 2018 (Cass. Com., February 7, 2018, appeal no. 16-20352), the Court of Cassation operates a reversal of case law regarding the fate_cc781905-5cde-3194 -bb3b-136bad5cf58d_clauses...
NEWS
31-10-2018
Copyright reform: proposal for a directive on copyright in the digital single market
On September 12, the European Parliament adopted the proposal for a directive on copyright in the digital single market. This is a proposal initially presented by the European Commission in September 2016 with the aim of reforming the directive on copyright and related rights in the information society adopted in 2001._cc781905-5cde -3194-bb3b-136bad5cf58d_
This directive must respond to the new challenges posed by the digital world in which works circulate easily and quickly. Once the works are put online, they generate value which the authors do not always benefit from. It is therefore a question of better enforcing copyright as well as better distributing the revenue generated by works in this digital environment.
The discussions mainly concerned articles 11 and 13 of the proposed directive, particularly because of the influence of various lobbies, in particular Internet giants (GAFA: Google, Appel, Facebook and Amazon). Article 11 provides for the creation of a neighboring right for press publishers. Article 13 organizes the use of protected content by online content service providers.
First of all, article 11 of the proposal for a directive establishes a neighboring right for press publishers. The latter will therefore have a right of reproduction and communication to the public concerning the digital use of press publications. The objective is to enable press publishers to be able to negotiate with content aggregators (eg Google News) concerning the online use of works. This related right must enable them to benefit from fair and proportionate remuneration for the online use of all or part of their publications. However, Parliament has clarified that authors will have to receive an “appropriate share of the additional revenue” collected by publishers thanks to their new right.
Finally, the Parliament limited the scope of this related right by specifying that it will not apply to “the legitimate, private and non-commercial use of press publications by particular users”. In order to guarantee freedom of expression in the digital world, Parliament has excluded from the scope of Article 11 hypertext links to articles and single keywords to describe them._cc781905-5cde-3194-bb3b- 136bad5cf58d_
Next, Parliament came to specify the content of Article 13 proposed by the Commission. In fact, this text requires online content sharing service providers (e.g. Youtube) and those providing automated image referencing services (e.g. Google images) to conclude license agreements with rights holders. author. Since they carry out a communication to the public of works, falling under the monopoly of the author, they must conclude "fair and appropriate license contracts with the rights holders".
Online content sharing service providers must also, in the absence of contracts concluded with the holders, take appropriate measures to make unavailable content infringing copyright or related rights._cc781905-5cde- 3194-bb3b-136bad5cf58d_
Proposal for a directive initially presented by the Commission on September 14, 2016:
https://eur-lex.europa.eu/legal-content/FR/TXT/?uri=CELEX%3A52016PC0593
Amendments proposed by Parliament on September 12, 2018:
CarolCouson-Warlop, Lawyer, ARTLEX, Nantes
Morganblow, Lawyer, ARTLEX, Nantes
#European Union, European Parliament, copyright, neighboring right, proposal, directive, digital single market, information society, reform, article 11, article 13, intellectual property, literary and artistic property, GAFA, press publishers_cc781905 -5cde-3194-bb3b-136bad5cf58d_