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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...

IRIS 2012-6:1/17 [FR] Penalty for Film on Video Platform Infringing Copyright

On 9 May 2012, the court of appeal in Paris delivered its decision in the dispute between the producers of the film Sheitan and the video-sharing platform Dailymotion regarding five videos, corresponding to the entire film divided into five parts, that could be viewed on the platform using streaming despite an order issued by the regional court in Paris demanding communication of data allowing identification of the person who had broken the law by putting the videos on-line. On 11 June 2010, the regional court in Paris had found the platform guilty of infringing copyright and had fined it EUR 15,000...

IRIS 2011-3:1/18 [FR] Liability of Video-sharing Platforms - First Judgement of Court of Cassation

In a judgment of 17 February 2010, the Court of Cassation ruled on the issue of the liability of video-sharing platforms for the first time. The case is well known: the director and producer of the film “Joyeux Noël” had taken legal action against Dailymotion, accusing the platform of allowing the film to be viewed using streaming technology despite having been sent formal notice to withdraw the film. The regional court in Paris had found in favour of the rightsholders on 13 July 2007 and held the company Dailymotion, categorised as a host service provider, guilty of infringement of copyright (see...

IRIS 2010-10:1/32 [FR] Agreement between YouTube and SACEM on Royalties

After four years of discussion, the SACEM and the on-line video site YouTube have announced the signature of an agreement, made public on 30 September 2010. This is the first agreement the site has reached with a French royalties society. The SACEM is a collective management society whose purpose is to represent and defend the interests of writers, writer-producers, comedians, composers and editors of music with a view to promoting musical creation. Its main task is to collect royalties and to redistribute them to the beneficiaries of the works that have been played or reproduced. Under this agreement,...

IRIS 2010-7:1/19 [FR] Dailymotion Sanctioned again for Infringing Film Copyright

The companies La Chauve-Souris and 120 Films had a statement drawn up by sworn officers of the association to combat audiovisual piracy (Association de Lutte contre la Piraterie Audiovisuelle - ALPA) noting that the video-sharing platform Dailymotion was showing shortened extracts of the film Sheitan, of which they are the producers. Dailymotion subsequently withdrew the unlawful content from its site. As extracts of the film were still being shown, the producers had the platform charged with piracy. Referring to its by now well-established jurisprudence, the third chamber of the regional court...