Tuesday, 16 December 2008

Copyrights infringement and duty to react from ISPs/social networking

A bit of French law here: a French comic who used to specialised in hidden cameras type of sketches in the high street (his nickname literally means Thebottom), sued and sues several companies/ISPs for holding pirated videos of his work. According to the article below, he has not been that succesful and often had to pay for expenses more than he ever gained when his complaint was accepted.
The interesting feature is the take down notice feature. Social networking like Dailymotion (videos like YouTube) was condemned to pay damages for not having removed contents before three months have ellapsed since given notice.
Lafesse lost another case, but on procedural grounds rather on the issue of whether MySpace is responsible as content provider or host.

"La cour d'appel annule la condamnation de MySpace par Jean-Yves Lafesse" (3 November 2008)

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