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Copyright and technology conference   pur.fr
                                      labs.hadopi.fr
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.).
ILLEGAL DOWNLOADING CLEARLY
ON THE DECLINE IN FRANCE

The graduated response : 1st step
ILLEGAL DOWNLOADING CLEARLY
ON THE DECLINE IN FRANCE

The graduated response : 2nd step : dispatch of the second recommandation
ILLEGAL DOWNLOADING CLEARLY
ON THE DECLINE IN FRANCE

The graduated response : 3rd step
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
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.
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.
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
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
THE ONLINE CULTURAL OFFER IS
GAINING IN QUANTITY AND QUALITY
www.pur.fr
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” .
THE ONLINE CULTURAL OFFER IS
GAINING IN QUANTITY AND QUALITY

Legal supply platforms are reaching maturity
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
Thank you


            hadopi.fr
            pur.fr
            labs.hadopi.fr

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Copyright and Technology London 2012: Eric Walter, Hadopi

  • 1. hadopi.fr Copyright and technology conference pur.fr labs.hadopi.fr
  • 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.).
  • 3. ILLEGAL DOWNLOADING CLEARLY ON THE DECLINE IN FRANCE The graduated response : 1st step
  • 4. ILLEGAL DOWNLOADING CLEARLY ON THE DECLINE IN FRANCE The graduated response : 2nd step : dispatch of the second recommandation
  • 5. ILLEGAL DOWNLOADING CLEARLY ON THE DECLINE IN FRANCE The graduated response : 3rd step
  • 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
  • 11. THE ONLINE CULTURAL OFFER IS GAINING IN QUANTITY AND QUALITY 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
  • 15. Thank you hadopi.fr pur.fr labs.hadopi.fr