The French Supreme Court ruled yesterday that the "right to make private copies" contained in French law is intended to apply to copies made from a legitimate source such as over the air TV. It does not prevent makers of DVDs from protecting them with Digital Rights Management technologies.
The International Video Federation issued a press release commenting on the decision:
Press release
Brussels and Paris, 28 February 2006
French Supreme Court judgment delivered on 28 February 2006:
Today, the French Supreme Court (1st Chamber) delivered a judgment totally overturning the Paris Court of Appeal decision of 22 April 2005 (the Mulholland Drive case). The ruling re-confirms France’s international and European legal obligations. It provides an important step forward in the debate on copyright in France and indeed in Europe. It is also an important contribution to the preservation of the French and European film financing regimes.
The facts in brief
A consumer bought a DVD, which he could not copy. He argued that he had a so-called “right to make private copies”, and that he had not been sufficiently informed that this right could not be enjoyed due to copy protection on the DVD. This consumer, together with the French consumer association, UFC Que Choisir, jointly sued the film producer and the video publisher/distributor.
Having lost the case at first instance, UFC Que Choisir obtained a reversal of the judgment from the Paris Court of Appeal on 22 April 2005. In response, Studio Canal, Universal Pictures Video, and the Syndicat de l'édition vidéo (French video association) appealed to the French Supreme Court in order to defend copyright and the film sector.
A crucial decision at the heart of the current debate on copyright and the French implementation of the European Copyright Directive
The Supreme Court completely overturned and annulled the judgment of the Paris Court of Appeal. In so doing, it confirmed that permitting the copying of DVDs would amount to a conflict with the normal exploitation of the film. This decision represents a key application of the three-step test.[1]
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[1] The three-step test:
International and European legislation – especially the Berne Convention for the Protection of Literary and Artistic Works, and the European Directive on the harmonization of copyright and related rights in the Information Society of 22 May 2001 – provide that private copying:
must be limited to certain special cases and not be the norm;
must not conflict with the normal exploitation of the work; and
must not unreasonably prejudice the right holders’ legitimate interests.
All three conditions must be met.
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The decision explicitly refers to relevant international and European law, in particular the European Copyright Directive.
Charlotte Lund Thomsen, Director General of the IVF: “We welcome this important decision which indisputably confirms the key principles of the relevant copyright legislation – it validates the video industry’s position and reaffirms the importance of copyright protection to film production and exploitation.”
Valérie Lépine-Karnik, Director General of FIAPF: “On behalf of film producers around the world, we welcome the French Supreme Court’s recognition of the special nature of the film sector and the upholding of the use of copy protection not only on DVDs but also in respect of films on other formats and modes of distribution.”
Additional facts about the private copy exception and technological measures
The private copy exception is intended to cover a copy made exclusively for private use from a legitimate source, like free-over-the-air television – i.e., a copy that does not conflict with the right holders’ ability to exploit the film.
This exception was introduced into French law by the Act of 11 March 1957, at which time it referred only to sheet music and written texts for the exclusive use of the copier. The public had none of the technical possibilities for mechanical reproduction that now exist. In addition, the technical quality of copies was not such as to prejudice rights holders. Digital reproduction technologies are a very recent development and today, the copies made are veritable clones of the original work without loss of quality.
DVDs have been protected by technological measures since their inception: technological measures are necessary to preserve the financing model of the film industry, and hence the quality and diversity of films which is ultimately in the interest of consumers. This is why the European Copyright Directive provides legal protection for technological protection measures.
For further information, please contact:
Hopscotch
Melanie Cotte
Tel: +33 1 586 500 43/ 06 86 07 41 33
mcotte@hopscotch.fr
Charlotte Lund Thomsen
Director General
INTERNATIONAL VIDEO FEDERATION
Tel.: +32.2.503-4063
Info@ivf-video.org
Valérie Lépine-Karnik
Director General
FIAPF
Tel.: +33.1.44.77.97.50
info@fiapf.org
The members of the IVF (International Video Federation) comprise companies, which are involved in all areas of the audiovisual industry (development, production, distribution, etc.) as well as entities dedicated to, and specialized in, the distribution of audiovisual content on physical carriers (DVD and VHS) and/or over digital networks, including the Internet.
FIAPF (International Federation of Film Producers Associations) represents film producers’ organizations in all the leading audiovisual and cinematographic production countries in Europe and around the world.
