Adapting French Copyright Laws to New Information Challenges

  • Valeria Lebed' (Efremova) Institute of State and Law, Russian Academy of Sciences
Keywords: Internet, copyright, literary work, software, French Code, results of intellectual activity, web site, multimedia product, audio and video reproduction, database

Abstract

The article analyzes French normative and doctrinal material as well as judicial practice on the use of traditional and non-traditional objects of copyright in the current digital reality. It features changes in legal relations between subjects and objects of copyright in the information society. The author studies modern European in particular French legal mechanisms of regulating copyright relations. It has been noted that France responds to new requirements of digital reality though maintains traditional conceptual fundamentals of copyright which still rest on the balance of interests of author, product of creativity and society. Besides, the author has examined legal regime of multimedia products in particular Internet web sites and audio-visual works. French law has achieved a good level to make legal and digital realia closer. The article touches upon the problem of implementing and protecting author's rights on the Internet; notes that implementing and violating copyright in particular unauthorized copying of works is a subject matter for an academic discussion in France. The mechanisms of fighting piracy are connected with two directions of activity: the system of blocking access to web sites with the information violating copyright limiting illegal offer and prosecuting violators. The opportunity provided by law to a copyright holder to enforce blocking the access to unauthorized sites aims to reduce their number. On the other hand, the scheme of gradual reaction is an opportunity to escape the trial and meet the interests of the authors of creative works. Hence, the French legislator ensures the protection of intellectual property and guards the interests of society providing accessibility to cultural, informational and other resources.

Author Biography

Valeria Lebed' (Efremova), Institute of State and Law, Russian Academy of Sciences

Senior Researcher, PhD (Law)

References

Bruguiere J.-M. (2011) Droit des Proprietes intellectuelles, Paris, Ellipses.

Cornu G. (2005) Vocabulaire juridique, Paris, RUF.

Efremova V. (2009) Avtorskoe pravo na proizvedeniya izobrazitel'nogo iskusstva v Rossii i Frantsii [Copyright in the Works of Visual Art in Russia and France], Moscow, Nota Bene, pp. 35-36.

Gautier R-Y (2007) Propriete Litteraire et Artistique, Paris: RUF.

Vivant M., Bruguiere J-M. (2009) Droit d’auteur, Paris, Dalloz.

Lebed' V. (2011) Proizvedeniya iskusstva v avtorskom prave [Works of Art in Copyright], Moscow, Knigodel, 112 p.

Published
2013-02-12
How to Cite
Lebed’ (Efremova)V. (2013). Adapting French Copyright Laws to New Information Challenges. Law Journal of the Higher School of Economics, (4), 137-153. https://doi.org/10.17323/2072-8166.2013.4.137.153
Section
Law in the Modern World