Rights owners and users fail to agree on reform

The implementation under French law of Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society has been very controversial and has been widely covered in the national and international press. The debate before the National Assembly has...

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Bibliographic Details
Published inManaging Intellectual Property p. 1
Format Trade Publication Article
LanguageEnglish
Published London Euromoney Institutional Investor PLC 01.06.2006
Subjects
Communication
Constitutional amendments
Constitutional review
Copyright
Court decisions
Debates
Digital music
EU directives
Exploitation
Information society
Internet service providers
Interoperability
Mediators
Peer to peer computing
Presidents
Technological change
Treaties
Europe
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Summary:The implementation under French law of Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society has been very controversial and has been widely covered in the national and international press. The debate before the National Assembly has been affected by a French Supreme Court decision dated February 3 2006. In this case, known as the "Mulholland Drive" case, a technological protection measure had been inserted in a DVD of the "Mulholland Drive" movie, which prevented its purchaser from making a copy of the movie. The purchaser sued the owners of the copyright and of the neighbouring rights in the DVD, arguing that the technological protection measure prevented him from benefiting from the private copying exception. The rights owner replied that such a technological measure was lawful insofar as the private copying exception did not comply, in the present context, with the Three Step Test as set out by the Directive.
ISSN:0960-5002