Wednesday, 3 July 2013
No Takedown and Staydown in France
In a recent case involving SPPF (the French collecting society for record labels' neighbouring right in sound recordings) and Youtube, the Paris Court of Appeals, siding with Youtube, stated in no uncertain terms that Youtube, as a provider of hosting services, is under no general duty to monitor the content posted to its platform and that the takedown of a given piece of content by a hoster can only take place after proper prior notification has been given by the rightsholder and that this is so even when the same piece of content has already been the subject-matter of a notification.
The Court thus echoes the position taken by the Supreme Court (Cour de cassation) in a series of ruling on July 12, 2012. In the more recent ruling, the Appeals Court relies solely on statutory provisions (sections 6-I-2, 6-I-5 of the LCEN) and not on the 2012 rulings (not that unusal in a civil law jurisdiction such as France where stare decisis does not apply).
Link to June 21, 2013 ruling here
Link to July 12, 2012 rulings here