Christmas in July on Friday, 13 DAILYMOTION or sharing videos L Friday, July 13 th year, the Tribunal de Grande Instance of Paris was arrested for counterfeiting Film Christian Carion's Joyeux Noël produced by Northwest Productions, released in episodes on the sharing site DailyMotion, marked the end of recess. The TGI has retained responsibility for denying him DAILYMOTION intermediate technical quality and the benefit of limited liability under the Act on Confidence in the Digital Economy whereby " Individuals or entities that provide, even gratuitously, for provision of public services to the public online communication, storage of signals, writing, images, sounds or messages of any kind provided by recipients these services can not see their liability incurred as a result of activities or information stored at the request of a recipient of these services if they did not have actual knowledge of unlawful or facts and circumstances revealing this character or if, from the moment they had this knowledge, they acted promptly to remove such data or make access impossible. "and forcing him to control a priori video content available to the public and represented via its platform sharing.
The Court finds that accepting the posting by a user of their service in the restaurant saw this movie by two million people, DAILYMOTION " has committed a fault by providing civil liability" for this user "how to make a counterfeit" . The judges have considered that Dailymotion was aware of illegal content and that " it must therefore take responsibility without being able to blame the users alone, since it provided them deliberate means of committing "all that" success necessarily implied dissemination of works known to the public, only likely to increase the audience and provide correspondingly advertising revenue. "
Christophe Rossignon, producer Merry Christmas was obviously pleased with this decision "constitutes a very important victory." "We are attacking the platforms for these sites to enrich our contents, distributed illegally, creating traffic and generating advertising revenues" . (Le Figaro )
Dailymotion was forced to withdraw the relevant videos from its site within eight days, under penalty of 1,500 euros per infringement, notwithstanding any appeal of the decision.
also recall that on 22 June, MySpace had been ordered to pay 61,000 euros to the comedian Lafesse for having allowed the broadcast his sketches for free and without permission (AFP).
Dailymotion, MySpace and other sharing sites base their business model Sharing videos of individuals and their dissemination via a platform, reaping the benefits generated by advertising attendance. Obviously, they can stream video whose rights do not belong to users who download them on the platform for release to the public and this, regardless of the provisions in the General Conditions. However, nothing prevents the platform in question call in warranty the user who downloaded a film subject to copyright for publication. So beware!
© Xavier Cerf - lawyer
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