ipr / legal problems related to psip implementation by michel vivant professor at the university of...
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IPR / Legal Problems IPR / Legal Problems related to PSIP related to PSIP implementationimplementation
ByBy
Michel VivantMichel VivantProfessor at the University of Montpellier (F)Professor at the University of Montpellier (F)
Expert consultant for French and European AuthoritiesExpert consultant for French and European AuthoritiesConsultant to lawyers and companiesConsultant to lawyers and companiesPartner « of counsel » in the Law Firm Partner « of counsel » in the Law Firm
Denton Wilde Sapte ParisDenton Wilde Sapte Paris
Law is everywhereLaw is everywhere
Intellectual PropertyIntellectual Propertytoo !too !
Intellectual Property is everywhere…Intellectual Property is everywhere…
CopyrightCopyright DesignDesign PatentsPatents TrademarksTrademarks
and so onand so on
Intellectual Property is everywhere…Intellectual Property is everywhere…
All through the All through the ““ chain chain ””
At the endAt the end
IP is a protection for the platformIP is a protection for the platform
Intellectual Property is everywhere…Intellectual Property is everywhere…
All through the All through the ““ chain chain ””
At the endAt the end
IP is a protection for the platformIP is a protection for the platform
At the beginningAt the beginning
IP is a constraint for the platformIP is a constraint for the platform
That meansThat means
That meansThat means
A stakeA stake
That meansThat means
A stakeA stake
SecuritySecurity
IP is basicallyIP is basically
a problem ofa problem of
securitysecurity
Two rights have to be consideredTwo rights have to be consideredspecificallyspecifically
Copyright and Copyright and ““ droit d’auteur droit d’auteur ””
TrademarksTrademarks
With the most delicate problems for coyright and With the most delicate problems for coyright and droit d’auteurdroit d’auteur
These rights, as the other IP These rights, as the other IP rights, are territorial rightsrights, are territorial rights
That means an English Copyright, That means an English Copyright,
a Spanish a Spanish Droit d’auteurDroit d’auteur, a German , a German
Trademark…Trademark…
NeverthelessNevertheless• It’s not possible to study here the problem It’s not possible to study here the problem
of of ““ conflicts of laws conflicts of laws ””• It’s an important problemIt’s an important problem• … … but very complicatedbut very complicatedYou have to know that the national systems You have to know that the national systems
differ appreciablydiffer appreciably
Here we shall be focused on several Here we shall be focused on several salient salient pointspoints
Rights, territorial rights, complex rights…Rights, territorial rights, complex rights…
But rights But rights youyou have have to overcometo overcome
( I )( I )
If we speak about copyright and If we speak about copyright and droit droit d’auteurd’auteur (but maybe too about (but maybe too about trademarks),trademarks),
there is a fundamental rule you must there is a fundamental rule you must know:know:
Everything which is not allowedEverything which is not allowed
is prohibitedis prohibited ! !
Main consequence:Main consequence:
To think To think systematicallysystematically contract contract
To think contractsTo think contractsThat means…That means…
To identify the To identify the potential right ownerspotential right owners
• Authors of textsAuthors of texts• Authors of musicsAuthors of musics• PhotographersPhotographers• DrawersDrawers• Computer GraphistsComputer Graphists• ProgrammersProgrammers … … / …/ …
To think contractsTo think contractsThat means…That means…
To identify the potential To identify the potential right ownersright owners
• Authors of textsAuthors of texts• Authors of musicsAuthors of musics• PhotographersPhotographers• DrawersDrawers• Computer GraphistsComputer Graphists• ProgrammersProgrammers … … / …/ …And that even if the project And that even if the project
is centralizedis centralized - with a sole manager- with a sole manager
To think contractsTo think contractsThat means…That means…
To identify the potential To identify the potential right ownersright owners
• Authors of textsAuthors of texts• Authors of musicsAuthors of musics• PhotographersPhotographers• DrawersDrawers• Computer GraphistsComputer Graphists• ProgrammersProgrammers … … / …/ …And that even if the project And that even if the project
is centralizedis centralized - with a sole manager- with a sole manager
To verify that these To verify that these partners have effectively partners have effectively the relevant rightsthe relevant rights
To think contractsTo think contractsThat means…That means…
To identify the potential right To identify the potential right ownersowners
• Authors of textsAuthors of texts• Authors of musicsAuthors of musics• PhotographersPhotographers• DrawersDrawers• Computer GraphistsComputer Graphists• ProgrammersProgrammers … … / …/ …And that even if the project is And that even if the project is
centralizedcentralized - with a sole manager- with a sole manager
To verify that these partners To verify that these partners have effectively the relevant have effectively the relevant rightsrights
The practice of clauses of The practice of clauses of
guaranteeguarantee
Caution !Caution !
You must know that a work on Internet is You must know that a work on Internet is not not ““ free free ””, for the sole reason it is on the , for the sole reason it is on the netnet
Caution !Caution !
You must know that a work on Internet is You must know that a work on Internet is not not ““ free free ””, for the sole reason it is on the , for the sole reason it is on the netnet
You must know also that You must know also that ““ free softwares free softwares ””, , ““ free works free works ””, , ““ creative commons creative commons ”” don’t don’t mean freedommean freedom
Free Works = Specific contraintsFree Works = Specific contraints
To think contractsTo think contractsmeans…means…
To identify the potential right To identify the potential right ownersowners
To verify that these partners To verify that these partners have effectively the relevant have effectively the relevant rightsrights
To obtain from these right To obtain from these right owners the owners the ““ useful useful ”” rights rights
AllAll the useful rights the useful rights
For instanceFor instance * Reproduction* Reproduction * Representation* Representation BroadcastingBroadcasting * Translation* Translation … …/…/…
To think contractsTo think contractsmeans…means…
To identify the potential right To identify the potential right ownersowners
To verify that these partners To verify that these partners have effectively the relevant have effectively the relevant rightsrights
To obtain from these right To obtain from these right owners the owners the ““ useful useful ”” rights rights
According to the different According to the different systems,systems,
aiming the modes of aiming the modes of exploitationexploitation
For instance : on line and/or For instance : on line and/or off line; Web; Wap; TV…off line; Web; Wap; TV…
To think contractsTo think contractsmeans…means…
To identify the potential To identify the potential right ownersright owners
To verify that these To verify that these partners have effectively partners have effectively the relevant rightsthe relevant rights
To obtain from these right To obtain from these right owners the owners the ““ useful useful ”” rights rights
According to the different According to the different systems,systems,
aiming the modes of aiming the modes of exploitationexploitation
For all the worldFor all the world
Rights you have to overcomeRights you have to overcomeRights you can exploit Rights you can exploit ( II )( II )
IPR are also IPR are also ““ weapons weapons ”” for you for you
These same IP Rights can be relied onThese same IP Rights can be relied on• The different components of the platformThe different components of the platform• But also on the platform itselfBut also on the platform itself as workas work
A platform is a Website and a Website is a protected A platform is a Website and a Website is a protected work or more exactly a work which can be protectedwork or more exactly a work which can be protected
Rights you have to overcomeRights you have to overcomeRights you can exploitRights you can exploit
IPR are also IPR are also ““ weapons weapons ”” for you for you
These same IP Rights can be relied onThese same IP Rights can be relied on• The different components of the platformThe different components of the platform• But also on the platform itselfBut also on the platform itself
as workas work
A platform is a Website and a Website is a protected A platform is a Website and a Website is a protected work or more exactly a work which can be protectedwork or more exactly a work which can be protected
And so you can act in a court for infrigementAnd so you can act in a court for infrigement
Several practice advices…Several practice advices…
The useful… useless mention of copyrightThe useful… useless mention of copyright
©© michel vivant 2005 michel vivant 2005
The interest of clear advices on lineThe interest of clear advices on line
The legal european obligation of The legal european obligation of informationinformation
WarningWarning
WarningWarning( III )( III )
Law and legal problems about platform Law and legal problems about platform is not limited to IPis not limited to IP
You have also to think about You have also to think about • Hyperlinks…Hyperlinks…
Hyperlinks : IP and other general problems Hyperlinks : IP and other general problems of liabilityof liability
Hyperlinks : IP and other general problems Hyperlinks : IP and other general problems of liabilityof liability
“ “ Droit à l’image Droit à l’image ”” ( ( ± privacy )± privacy )
Hyperlinks : IP and other general problems Hyperlinks : IP and other general problems of liabilityof liability
“ “ Droit à l’image Droit à l’image ”” ( ( ± privacy )± privacy ) “ “ Computer and Liberty ” LawsComputer and Liberty ” Laws
Hyperlinks : IP and other general problems Hyperlinks : IP and other general problems of liabilityof liability
“ “ Droit à l’image Droit à l’image ”” ( ( ± privacy )± privacy ) “ “ Computer and Liberty ” LawsComputer and Liberty ” Laws “ “ Co-branding ”Co-branding ”
Hyperlinks : IP and other general problems Hyperlinks : IP and other general problems of liabilityof liability
“ “ Droit à l’image Droit à l’image ”” ( ( ± privacy )± privacy ) “ “ Computer and Liberty ” LawsComputer and Liberty ” Laws “ “ Co-branding ”Co-branding ” E-commerce E-commerce
Offers and contractsOffers and contracts
Hyperlinks : IP and other general problems Hyperlinks : IP and other general problems of liabilityof liability
“ “ Droit à l’image Droit à l’image ”” ( ( ± privacy )± privacy ) “ “ Computer and Liberty ” LawsComputer and Liberty ” Laws “ “ Co-branding ”Co-branding ” E-commerce E-commerce LiabilityLiability
Hyperlinks : IP and other general problems of Hyperlinks : IP and other general problems of liabilityliability
“ “ Droit à l’image Droit à l’image ”” ( ( ± privacy )± privacy ) “ “ Computer and Liberty ” LawsComputer and Liberty ” Laws “ “ Co-branding ”Co-branding ” E-commerce E-commerce LiabilityLiability * General Liability* General Liability * “ Information Liability ”* “ Information Liability ” * Penal Law* Penal Law … …/…/…
Law is everywhere…Law is everywhere…
