Recent Legislative Developments Inward France

                                                           

While the French Senate continues to fence whether (and to what extent) the individual copying exception as well as corresponding levy should hold out extended to the cloud (and inwards item network PVRs), at that topographic point cause got been 2 interesting amendments introduced intended to strengthen the CNC's mightiness to human activity against copyright infringement.  The Centre national du cinéma et de l'image animée (CNC) is the regulatory trunk overseeing French cinema.

The outset legislative evolution concerns the CNC's mightiness to file a criminal copyright electrical charge straight amongst the investigating magistrate (juge d'instruction), thereby putting inwards displace the criminal action.  The proposed amendment would let the CNC to produce thus where the alleged infringement diminishes the fiscal resources to which it is entitled (i.e., certainly taxes), which is a relatively depression threshold.  Moreover, the amendment specifies that, opposite to ordinary practise inwards criminal matters, at that topographic point is no obligation to file a electrical charge amongst the Procureur de la République (district attorney) prior to lodging the electrical charge amongst the investigating magistrate.

The other proposed amendment would add together the CNC to the listing of persons as well as entites entitled to convey an activity inwards cessation inwards the effect of online copyright infringement.  In accordance amongst European Union law, French constabulary adopted Section L.336-2 of the Intellectual Property Code, which allows certainly parties to attempt a courtroom social club against intermediaries (such every bit ISPs as well as search engines) to accept the necessary steps to cease online copyright infringement.  Currently these include, inwards improver to the rights holders themselves as well as their assignees, Collective Management Organizations for copyright as well as professional person bodies that defend rights holders; should the proposed amendment hold out adopted, the CNC would hold out added to this list.