IPR / Legal Problems related to PSIP implementation By Michel Vivant Professor at the University of Montpellier (F) Expert consultant for French and European Authorities Consultant to lawyers and companies Partner « of counsel » in the Law Firm Denton Wilde Sapte Paris

Law is everywhere

Intellectual Property too !

Intellectual Property is everywhere…  Copyright  Design  Patents  Trademarks and so on and so on

Intellectual Property is everywhere…  All through the “ chain ” At the end At the end IP is a protection for the platform IP is a protection for the platform

Intellectual Property is everywhere…  All through the “ chain ” At the end At the end IP is a protection for the platform IP is a protection for the platform At the beginning At the beginning IP is a constraint for the platform

That means

A stake A stake

That means A stake A stake Security IP is basically a problem of a problem of security security

Two rights have to be considered specifically  Copyright and “ droit d’auteur ”  Trademarks With the most delicate problems for coyright and droit d’auteur

These rights, as the other IP rights, are territorial rights That means an English Copyright, That means an English Copyright, a Spanish Droit d’auteur, a German a Spanish Droit d’auteur, a German Trademark… Trademark…

Nevertheless It’s not possible to study here the problem of “ conflicts of laws ” It’s not possible to study here the problem of “ conflicts of laws ” It’s an important problem It’s an important problem … but very complicated … but very complicated You have to know that the national systems differ appreciably Here we shall be focused on several salient points

Rights, territorial rights, complex rights… But rights you have to overcome But rights you have to overcome ( I ) ( I )

If we speak about copyright and droit d’auteur (but maybe too about trademarks), If we speak about copyright and droit d’auteur (but maybe too about trademarks), there is a fundamental rule you must know: there is a fundamental rule you must know: Everything which is not allowed Everything which is not allowed is prohibited ! is prohibited !

Main consequence: Main consequence: To think systematically contract To think systematically contract

To think contracts That means…  To identify the potential right owners Authors of texts Authors of texts Authors of musics Authors of musics Photographers Photographers Drawers Drawers Computer Graphists Computer Graphists Programmers Programmers … / … … / …

To think contracts That means…  To identify the potential right owners Authors of texts Authors of texts Authors of musics Authors of musics Photographers Photographers Drawers Drawers Computer Graphists Computer Graphists Programmers Programmers … / … … / … And that even if the project is centralized - with a sole manager - with a sole manager

To think contracts That means…  To identify the potential right owners Authors of texts Authors of texts Authors of musics Authors of musics Photographers Photographers Drawers Drawers Computer Graphists Computer Graphists Programmers Programmers … / … … / … And that even if the project is centralized - with a sole manager - with a sole manager  To verify that these partners have effectively the relevant rights

To think contracts That means…  To identify the potential right owners Authors of texts Authors of texts Authors of musics Authors of musics Photographers Photographers Drawers Drawers Computer Graphists Computer Graphists Programmers Programmers … / … … / … And that even if the project is centralized - with a sole manager - with a sole manager  To verify that these partners have effectively the relevant rights  The practice of clauses of guarantee

Caution ! Caution !  You must know that a work on Internet is not “ free ”, for the sole reason it is on the net

Caution ! Caution !  You must know that a work on Internet is not “ free ”, for the sole reason it is on the net  You must know also that “ free softwares ”, “ free works ”, “ creative commons ” don’t mean freedom Free Works = Specific contraints Free Works = Specific contraints

To think contracts means…  To identify the potential right owners  To verify that these partners have effectively the relevant rights  To obtain from these right owners the “ useful ” rights All the useful rights All the useful rights For instance For instance * Reproduction * Reproduction * Representation * Representation Broadcasting Broadcasting * Translation * Translation …/… …/…

To think contracts means…  To identify the potential right owners  To verify that these partners have effectively the relevant rights  To obtain from these right owners the “ useful ” rights  According to the different systems, aiming the modes of exploitation aiming the modes of exploitation For instance : on line and/or off line; Web; Wap; TV… For instance : on line and/or off line; Web; Wap; TV…

To think contracts means…  To identify the potential right owners  To verify that these partners have effectively the relevant rights  To obtain from these right owners the “ useful ” rights  According to the different systems, aiming the modes of exploitation aiming the modes of exploitation  For all the world

Rights you have to overcome Rights you can exploit ( II ) IPR are also “ weapons ” for you These same IP Rights can be relied on The different components of the platform The different components of the platform But also on the platform itself But also on the platform itself as work as work A platform is a Website and a Website is a protected work or more exactly a work which can be protected A platform is a Website and a Website is a protected work or more exactly a work which can be protected

Rights you have to overcome Rights you can exploit IPR are also “ weapons ” for you These same IP Rights can be relied on The different components of the platform The different components of the platform But also on the platform itself But also on the platform itself as work as work A platform is a Website and a Website is a protected work or more exactly a work which can be protected A platform is a Website and a Website is a protected work or more exactly a work which can be protected And so you can act in a court for infrigement And so you can act in a court for infrigement

Several practice advices…  The useful… useless mention of copyright © michel vivant 2005 © michel vivant 2005  The interest of clear advices on line  The legal european obligation of information

Warning

Warning ( III ) Law and legal problems about platform is not limited to IP You have also to think about Hyperlinks… Hyperlinks…

 Hyperlinks : IP and other general problems of liability

 “ Droit à l’image ” ( ± privacy )

 Hyperlinks : IP and other general problems of liability  “ Droit à l’image ” ( ± privacy )  “ Computer and Liberty ” Laws

 Hyperlinks : IP and other general problems of liability  “ Droit à l’image ” ( ± privacy )  “ Computer and Liberty ” Laws  “ Co-branding ”

 Hyperlinks : IP and other general problems of liability  “ Droit à l’image ” ( ± privacy )  “ Computer and Liberty ” Laws  “ Co-branding ”  E-commerce Offers and contracts Offers and contracts

 Hyperlinks : IP and other general problems of liability  “ Droit à l’image ” ( ± privacy )  “ Computer and Liberty ” Laws  “ Co-branding ”  E-commerce  Liability

 Hyperlinks : IP and other general problems of liability  “ Droit à l’image ” ( ± privacy )  “ Computer and Liberty ” Laws  “ Co-branding ”  E-commerce  Liability * General Liability * General Liability * “ Information Liability ” * “ Information Liability ” * Penal Law * Penal Law …/… …/…

Law is everywhere… Law is everywhere…

Thank you ! Merci ! Merci ! Gracias ! Gracias !