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Originality of a computer program under French law

YS Avocats The usefulness of a computer program is not sufficient to characterise the originality of the program. There is nothing more subjective, and often arbitrary and unfair, than the notion on...

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ECHR: Copyright vs. freedom of expression

ECtHR (5th section), 10 January 2013, case of Ashby Donald and others v. France, Appl. nr. 36769/08. By Dirk Voorhoof, Ghent University and Inger Høedt-Rasmussen, Copenhagen Business School. “Although...

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France: Part of law on private copying levy is unconstitutional

Institute for Information Law (IViR) On 15 January 2013, the French Constitutional Council declared unconstitutional Article 6, paragraph II, of the law on private copying levy (Law No. 2011-1898)....

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Playing Catch 22 with the Public Domain

Institute for Information Law (IViR) Playing Catch 22 with cultural heritage is quite simple: since cultural heritage institutions hardly ever are in a position to digitize their collection because of...

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France: Presumption of ownership extended to neighbouring rights

YS Avocats “In the absence of any claim from the phonogram producer, or its assigns, the natural or legal person who publicly, peacefully and unambiguously exploits recordings, is deemed to be the...

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Google: “We made history in a very good way for the citizens of France.”

Institute for Information Law (IViR) “Yet, in contrast to the legislative measures that had been previously contemplated, this deal is only of a stand-alone character and will not affect the situation...

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France: YouTube, Universal and SACEM enter into a new agreement

YS Avocats “This agreement covers all types of videos broadcasted by YouTube.” The French collecting society SACEM, which manages the rights of authors and publishers of musical works, announced, on 3...

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France: Supreme Court makes music synchronisation safer

YS Avocats “The Supreme Court puts an end to a French oddity and makes the business of music synchronisation safer. (…) The Supreme Court took the opportunity to settle two major issues in French...

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French Supreme Court on 5(2) BC: national law determines who is the copyright...

YS Avocats “The law of the country where protection is sought governs all matters relating to the exercise and enjoyment of copyright, including the determination of the rights holder.” Article 5(2) of...

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France: participants in Temptation Island are employees, not performers

YS Avocats “The Supreme Court considers that the participants in the reality TV program had no role to play and that there was no text. They were simply asked to be themselves and express their...

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Personal data: no notification needed for a simple software update

YS Avocats “In this ruling, the French Supreme Court states that the mere updating of a computer program processing personal data does not entail an obligation for the data controller to notify the...

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France: notification and sale of personal data

YS Avocats “This ruling has direct and very important consequences on copyright deals such as database sales agreements, where personal data is sold.” In a short but very important judgement of 25 June...

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France: a digital file in iTunes is a phonogram

YS Avocats The right to exploit a recording “in the form of a phonogram published for commercial purposes”, includes the right to exploit it not only in the form of a tangible medium, such as a vinyl...

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Time limitation in French copyright infringement cases

YS Avocats “Civil proceedings for infringement of copyright are barred after 5 years from the day the holder of a right knew or should have known of the facts necessary to exercise his right.” In a...

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France: no copyright protection for perfume

YS Avocats The Supreme Court maintains its position in a case concerning a Lancôme perfume, stating that ‘copyright only protects creations in their tangible form, so far as this form is identifiable...

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Artist’s Resale Rights: French preliminary question to the ECJ

YS Avocats Can an auction house transfer the responsibility of paying the resale right royalty from the seller to the buyer? Directive 2001/84/EC created a resale right (‘droit de suite’) in the EU for...

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Thumbnails: French proposal for payment of royalties by search engines

YS Avocats In France, search engines using thumbnails are likely to infringe on copyright. On 8 April 2014, a French Senator proposed a Bill to establish compulsory collective management for the...

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France: new legislation on damages for copyright infringement

YS Avocats Two Acts of 2007 and 2014 to fight against counterfeiting have modified the French Intellectual Property Code, in order to enable improved compensation for the rightholders as well as better...

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Publication: Guide to Copyright in France

YS Avocats I am happy to announce the release of my book Guide to Copyright in France – Business, Internet and Litigation. French copyright law is one of the most original and dynamic copyright systems...

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France: Do members of collecting societies retain the right to sue?

YS Avocats Article L.321-1 paragraph 2 of the French Intellectual Property Code (‘IPC’) provides that collecting societies are entitled to take legal action to defend the rights for which they are...

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