2. The Hadopi law
In accordance with Article L.331-13 of the Intellectual Property
Code enacted by the Law of June 12th 2009 promoting the
broadcasting and protection of works created on the internet,
the High Authority provides :
• an initiative to encourage the development of legal distribution and to monitor the legal and illegal
use of works and items to which a copyright or a related right is attached on electronic communications
networks used for the supply of communication services to the online public;
• an initiative to protect works from any infringement to the rights attached to them committed on
electronic communication networks;
• a regulation and supervisory initiative focusing on technical measures for protecting and
identifying works and items protected by a copyright or related right (private copying levy,
guarantee of interoperability, etc.).
6. ILLEGAL DOWNLOADING CLEARLY
ON THE DECLINE IN FRANCE
The graduated response : a reality
On April 2nd, the Hadopi had sent :
• 1 090 000 first recommandations
• 99 000 second recommandations
• 314 notification letters at the third step of the
procedure for facts of providing or sharing files
protected by copyrights
7. ILLEGAL DOWNLOADING CLEARLY
ON THE DECLINE IN FRANCE
Analyse of the graduated response procedures over the period from
October 2010 to December 2011 shows that:
Analyse of the graduated response procedures over the
period from October 2010 to December 2011 shows that:
95% 92% 98%
of those having received a of those having received a of those having received a notice
following notice do not give rise Notice are in the same situation show the same trend.
to the need for a second notice (no further illegal behaviour
for illegal behaviour on peer-to- recorded within the timeframe set
peer networks*. out by the law)
* within the timeframe set by law before the second recommendation is to be issued.
8. ILLEGAL DOWNLOADING CLEARLY
ON THE DECLINE IN FRANCE
Dialogue with Hadopi consolidates the change in behaviour.
Between October 2010 and December 2011, 65,848 people contacted
Hadopi, having been targeted by the graduated response procedure:
Source: Hadopi. Data
taken from the French
Rights protection
commission’s
6% 25% 71%
information system, of subscribers of subscribers
of subscribers
based on 755 015
having received a having reached
records of subscribers having received a
having received at second-time stage three
first-time notice
least one
notice contacted contacted Hadopi.
recommendation, contacted
Hadopi.
between 1/10/2010
Hadopi..
and 1/12/2011.
Most of the above state that they commit to taking action to secure their
access to the Internet or to putting an end to all illegal consumption via
peer-to-peer networks.
9. ILLEGAL DOWNLOADING CLEARLY
ON THE DECLINE IN FRANCE
These changes are confirmed by observation data on P2P usage.
In 2011, a wide range of metrics – based on varying methodologies – attests
to a drop in P2P and its illegal uses in France.
-17% -29% -43% -66%
in audience in audience levels, in illegal data in illegal data
levels, reports reports sharing, reports sharing, reports
Nielsen. Médiamétrie // Peer Media ALPA.
NetRatings. Technologies.
« User centric » measures « Network centric » measures
10. THE ONLINE CULTURAL OFFER IS
GAINING IN QUANTITY AND QUALITY
Legal offer content : label accrediation process
PUR: Promotion of Responsible Uses
Hadopi’s certification helps the public
identify legitimate offers for literary and
artistic property rights and contribute to
their recognition through a directory
portal.
47 websites got the label, listed on the
website :
www.pur.fr
12. THE ONLINE CULTURAL OFFER IS
GAINING IN QUANTITY AND QUALITY
The label has already been granted to some 50 websites covering
a wide range of creation and dissemination models.
Over 10 months’ time, the label-bearing community has grown to 50
platforms offering content from 6 cultural sectors (music, video, video
games, software, digital books and images).
Breakdown of
labelled platforms
by type of cultural
good offered
Source : Hadopi.
PUR labelling -
“Promoting
Responsible Use” .
13. THE ONLINE CULTURAL OFFER IS
GAINING IN QUANTITY AND QUALITY
Legal supply platforms are reaching maturity
14. THE MILESTONES OF FUTURE
ONLINE CULTURE ARE IN PLACE
The Board explores new avenues independently.
In October and November 2011, Hadopi initiated 6 strategic
workstreams, headed by members of its Board or the Rights protection
commission.
Conducting exploration with a view toward putting forth suggestions for better copyright
protection, in the face of infringement via “streaming” sites or direct downloading.
Workstream headed by Mireille IMBERT-QUARETTA
Chantal Jacques
JANNET BILLE
Conseiller
Membre du à la Cour des
Conseil National Comptes
Membre du de la Consommation
Collège Ancien membre
de la Commission de
Membre du Collège Protection des Droits