Mission to Link Directives 2000/31 and 2001/29 - Report and Proposals

• Author: The French High Council for Literary and Artistic Property
• Pages: 88-85

2016

French High Council for Literary and Artistic Property

88

2

Mission to Link Directives

2000/31 and 2001/29

Report and Proposals

by the French High Council for Literary and Artistic Property

© 2016 French High Council for Literary a nd Artistic Property

Everybody may disseminate this ar ticle by electronic m eans and make it available for downloa d under the terms and

conditions of the Digital P eer Publishing Licence (DPPL). A copy of the license text may be obtain ed at http://nbn-resolving.

de/urn:nbn:de:0009-dppl-v3-en8.

Recommended citation: French High Counc il for Literary and Ar tistic Propert y, Mission to Link Directives 2 000/31 and

2001/29 – Report and Propos als, 7 (2016) JIPITEC 88 para 1.

Pierre Sirinelli, President

Josée-Anne Benazeraf, Vice-President

Alexandra Bensamoun, Vice-President

3 November 2015.

1

In a mission letter dated 3 April 2015, the High

Council for Literary and Artistic Property (CSPLA)

expressed its wish for research to be carried out

on “proposing changes to current European Union legal

provisions enabling the effective enforcement of copyright

and related rights in the digital environment, particularly

on platforms which disseminate protected content”.

2 The President of the mission will be Pierre Sirinelli,

a Professor at the Université Paris-I (Panthéon-

Sorbonne), while the Vice-President roles have

been entrusted to Josée-Anne Benazeraf, a lawyer

at the Paris Bar and Alexandra Bensamoun, Senior

Lecturer HDR [accreditation to supervise research]

at Université Paris-Sud.

Modus operandi

3

The mission began by setting up round tables in order

to gauge the opinions of various professionals within

the sector, both from the CSPLA and elsewhere. It

continued by working on the proposals put forward

by some of the contributors and has itself outlined

some solutions. The draft legislation contained in

this report is the result of these various discussions.

4

In addition the work of the mission – which met twice

a week for several months – took many different

forms including hearings, bilateral discussions,

consultation meetings by sector or stakeholder

category, cross-analysis of legislation and plenary

meetings.

5

All sectors were heard, including the technical

service providers, although some technical service

provider representatives opted not to respond to the

mission’s invitation.

6 Work was performed alongside the work conducted

in Brussels by the Commission and the Parliament,

which recommended that the liability regime for

some information society service providers1 ought

1 The harmonisation of certain aspects of copyright and related

rights, a European Parliament Resolution of 9 July 2015,