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IRIS 2012-8:1/23 [FR] Court of Cassation Considers “Google Suggest” Could Facilitate Infringement of Music Producers’ Rights

In an important judgment delivered on 12 July 2012, the Court of Cassation found that the Google Suggest semi-automatic search tool made it possible to infringe copyright and/or neighbouring rights, by directing Internet users’ searches towards services that offer illegal downloading. In the case at issue, the French national syndicate of music producers (Syndicat National des Producteurs de Musique - SNEP) had noted that when an Internet user entered the name of a performer or an album in Google, the browser’s “Suggest” tool systematically associated the name with on-line services allowing piracy,...

IRIS 2012-8:1/22 [FR] Constitutional Council Validates Legislation on Remuneration for Copying for Private Use

On 20 July 2012, the Constitutional Council deliberated on the compliance with the French Constitution of Article 6 of the Act of 20 December 2011 on remuneration for making copies for private use. The purpose of this remuneration is to ensure compensation for the holders of copyright or neighbouring rights in return for the reproduction by users, for their private use, of protected works and other objects covered by neighbouring rights. In a judgment delivered on 17 June 2011, the Conseil d’Etat had cancelled a decision made by the “Private Copy Committee”, which is responsible for establishing...

IRIS 2012-7:1/24 [FR] SACEM and France Télévisions Sign Agreement

On 15 June 2012, the French company of authors, composers and editors of music (Société des Auteurs, Compositeurs et Éditeurs de Musique - SACEM) and France Télévisions announced they had signed an agreement on the broadcasting of works listed in SACEM’s repertoire on all the channels in the France Télévisions group. This agreement replaces the previous agreements, which had covered use by the various channels, with a single contract. This simplifies matters considerably, since it applies to all the channels operated by France Télévisions, which became a single undertaking by virtue of the Act...

IRIS 2012-7:1/23 [FR] Results of Application of the Act of 5 March 2009 Reforming the Public-Sector Audiovisual Scene

Three years after the adoption of the Act of 5 March 2009 on audiovisual communication, and with France’s new Government announcing reform of the public-sector audiovisual scene, it is worth noting the publication of a report by Senators David Assouline and Jacques Legendre on behalf of the commission for supervising application of legislation. On the basis of the preparatory work for the Act, and after hours of debate and hearings, the rapporteurs have highlighted the objectives set out in the 2009 Act and compared them with the results actually achieved. There are comments on nearly all the measures...

IRIS 2012-7:1/22 [FR] All TF1’s Complaints against YouTube Rejected

On 29 May 2012, in a judgment running to 34 pages, the regional court in Paris rejected the claims brought by TF1 and its subsidiaries (the channel LCI, TF1 Vidéo and TF1 International, responsible for video editing and acquiring and distributing rights) against YouTube on the grounds of infringement of copyright, unfair competition and parasitic use. In addition to requesting a ban, the channel was also claiming damages - calculated at EUR 150 million - for the prejudice caused by YouTube putting on-line a whole range of films, series, sports events and broadcasts it felt it had rights to, including...