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Organisation in charge of collecting the private copying levy held liable for damages

Baker & McKenzie
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France
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March 28 2012

Since France's rate for the private copy levy is one of the highest in Europe, Rueducommerce, an e-commerce website, argued that it lost customers because online merchants located in other EU Member States which do not have such a levy system can sell their goods at a lower price compared to online merchants located in France

The High Court of Paris dismisses suit by collecting society against video sharing site

Baker & McKenzie
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France
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July 19 2011

The High Court of Paris has rejected a legal action for alleged "acts of infringement" initiated by the Civil Society of Phonogram Producers in France (SPPF), the French collecting society managing the rights of independent record producers, against YouTube

Creator of French bittorrent website TorrentNews loses appeal

Baker & McKenzie
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France
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July 14 2011

The Court of Appeal of Aix-en-Provence has upheld the decision of the Court of First Instance and sentenced the creator of the website TorrentNews to a four-month suspended prison sentence and a fine of 20,000 for copyright piracy

Streaming music website ordered to pay 1 million in damages

Baker & McKenzie
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France
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June 15 2011

The Court of Appeal of Paris has confirmed a court decision sentencing the creators of "radioblobclub.fr", a website for streaming music, to pay 1 million in damages to two collecting societies as a result of their "unlawful exploitation of musical works" without first securing from the rights holders the rights to stream

Search engine held liable by Paris Court of Appeal for copyright infringement

Baker & McKenzie
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France
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May 4 2011

In four decisions dated 14 January 2011, the Paris Court of Appeal held Google Inc. and Google France liable for copyright infringement and ordered them to pay an aggregate sum of 510,000

Search engine not liable for linking to database

Baker & McKenzie
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France
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April 18 2011

On 1 February 2011, in a case involving the owner of a real estate advertising database and the operator of a search engine, the Tribunal de Grande Instance de Paris ruled that the defendant's search engine, which selects advertisements from the claimant's real estate advertising database and ranks them on the basis of a set criteria, does not engage in extraction from a database under intellectual property law

Advertisers on piracy websites are not accomplices to copyright infringement

Baker & McKenzie
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France
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April 12 2011

The French Supreme Court has affirmed the decision of the Court of Appeals and dismissed the claim of copyright holders that the advertisers on piracy websites should be considered accomplices to copyright infringement

Search engine exempt from liability

Baker & McKenzie
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France
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April 4 2011

On 26 January 2011, the Paris Court of Appeal ruled that "Google Images" is an information society service and thus benefits from the exemption from liability provided for under the LCEN for internet intermediaries

Online copyright infringement: when Google images finally meets French law

Baker & McKenzie
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France
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March 9 2011

While Google’s exemption from liability for trademark infringement through its AdWords service has now been well established by the Supreme Court, the situation with regard to copyright infringement remains more uncertain. The latest service to be considered is the Google Images search, in regard to which the Paris Court of Appeal recently issued a long-awaited ruling

Decree specifies the characteristics of the “carte musique jeune”

Baker & McKenzie
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France
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January 6 2011

The Government has published in the Official Gazette the decree establishing the "carte musique jeune", the sale of which began on 28 October 2010 (Decree