Order no. 2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). In a ruling of 15 November 2022, the French administrative Supreme Court annulled the transposition Order to the extent that it does…
The Conseil d’Etat, the French administrative Supreme Court, handed down an important ruling on 15 November 2022 which annuls Order no. 2021-580 of 12 May 2021 (‘2021 Order’) of the French Government that implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market…
Act no. 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the digital age has been published in the Official Journal. It modifies the French Intellectual Property Code (‘IPC’). The Act creates ‘ARCOM’ (the Authority for the regulation of audiovisual and digital communication), a new regulatory authority with…
Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g. here and here). The American transformative…
In a judgment of 7 October 2020, the French Supreme Court upheld the judgment of the Court of Appeal of Paris of 13 April 2018 that ruled that Knoll’s ‘Tulip’ chair is not protected by copyright in France. Under the reciprocity rule set out in Article 2(7) of the Berne Convention on works of applied…
As I posted previously on this blog (here), French press publishers’ unions and the news agency Agence France Presse (‘AFP’) filed a successful request for an interim injunction against Google before the French Competition Authority, in their battle to obtain remuneration for online uses of their publications (Decision 20-MC-01 of 9 April 2020). Google had been manoeuvring…
The Court of Justice of the EU has handed down its judgment (18 December 2019, Case C-666/18) following the request for a preliminary ruling from the Paris Court of Appeal (IT Development v Free Mobile, 16 October 2018, No 17/02679; see our post here). In answer to the question: does the breach of a software…
Overview After fierce lobbying, European press publishers, backed by the French government, obtained the much criticized press publishers’ right (see e.g. here; here; and here) in Article 15 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (CDSM Directive). The objective of this new right is to allow the media…
The French Supreme Court sets out, for the first time since the ECJ Deckmyn case of 2014, the criteria for the copyright exception for parody. Case date: 22 May 2019 Case number: 18-12718 Court: Court of Cassation of France A full summary of this case has been published on Kluwer IP Law.
In a letter dated 29 March 2019, the President of the CSPLA (‘Conseil supérieur de la propriété littéraire et artistique’), an independent body in charge of advising the French Minister of Culture on copyright law, has appointed three public institutions to submit a report on the use of recognition tools for copyright-protected content on online…
