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Neighboring rights-copyrights and illegally downloading: Where are we?

Home > Intellectual Property in France | Published 2015-11-19

The fight against infringement on copyrights and on related rights caused by illegally uploading works online is at the heart of the Fleur Perrin’s, the Minister of Culture, preoccupations.

On March 23, 2015 advertising professionals, and those representatives who had the right signed the charter of good practices for the respect of copyrights and related rights. The continuing objective with this is to peter out the resources for online advertising, which currently benefit internet sights specializing in counterfeiting works. The music and cinema sectors are the first to be affected by these illegal practices.

Behind the signing of the charter; there are the real “concrete commitments” which have been taken in order to, “share information identifying pirating sites” and “prosecute and make educational efforts against illegal activities proposed by certain sites,” putting in place “a joint governance to make permanent and dynamic efforts.”

Along with this charter, the HADOPI created a label “offering legal HADOPI” that is assigned to legal broadcasters of cultural content online, in six key sectors: music, videos, video games, software, digital books, and images. A website was created to identify all legal streaming and downloading platforms, free or requiring financial compensation.

Remember that illegally downloading is likely to lead to criminal prosecution and fines of 1500 euros. If HADOP no longer has the power to sanction the interruption of internet adds, it still plays a role in the reminder of the law, using graduated response behavior.

Entering by organizations of defense professionals, the society of perception and allocation of rights, the National Center of Cinema (CNC) or by the Prosecutor of the Republic, HADOPI, after verification, they send a warning to the subscription holder. If the illegal actions are repeated, a second warning message will be sent. In the case of another repetition, the HADOPI alert the subscription holder that he faces criminal charges as his file could be sent to public prosecutors.

The fight against infringement on copyrights on the related rights is still relevant. New methods are being implemented to fight against illegal downloading, but also against illegal streaming.

This article is available online for public information purposes. It is updated regularly, as needed. Due to the constant evolution of the laws and the legal system, we cannot guarantee that the information in this article is still applicable. We invite you to contact us with any legal questions or concerns you have regarding this topic at +33 1 56 79 11 00. In no way can this firm be held liable for articles that contain inaccuracies or are now out of date.

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