FAQ - Legal supply and piracy

Any "work of the mind" enjoys legal protection, but to do so must meet two criteria:

• The requirement of a formal embodiment of the work: in order to benefit from copyright protection, any intellectual creation must be embodied in a form that makes it materially perceptible.
• The requirement of originality: originality is a necessary and sufficient condition for copyright protection. Originality is the legal expression of the author's creativity, defined as the imprint of his or her personality. The condition of originality is a relative notion, with judges assessing the original character of a work on a case-by-case basis.

This legal protection of works of the mind does not fall within Arcom's remit. We recommend that you browse the information published on the website of the French Ministry of Culture, which will provide you with a wealth of information.

A supply is legal when works are shown with the agreement of their rights holders. It's a supply that respects intellectual property rights, and has taken into account the remuneration of rights holders, i.e., producers, authors, performers, directors, photographers, etc., and the entire industry, when due.

There are various digital exchange and diffusion methods, such as peer-to-peer (P2P), streaming and direct downloading. These technologies are neutral, but their use can be legal or illegal, depending on the authorization of rights holders. For example, P2P can be used to share research work or software updates, but using it to exchange content without authorization is illegal.

You can check whether the service you're using is listed by Arcom (in french). Contrary to what many users think, just because content is paid for doesn't mean it's legal.
There are a number of warning signs that can turn you away from the services in question:

• the presence of numerous pop-up ads
• the absence of advertising for well-known brands and, on the contrary, an over-representation of gaming, charm or scam ads;
• the absence of well-known, secure means of payment;
• the absence of legal notices and copyright infringement reporting forms.

For further information, please browse the section below dedicated to supply legality indexes.

"Streaming" is a technology that allows you to play audio or video content in real time over the Internet, without having to download the entire file. This means you can watch a movie, listen to music or follow a live event as soon as it starts playing, without having to wait for the file to be fully downloaded.

Yes, streaming is legal in France, provided that the content is shown with the authorization of the rights holders. Watching films, series or listening to music via legal platforms is perfectly authorized. On the other hand, accessing copyright-protected content via unauthorized sites is an infringement of the law.

Don't confuse diffusion (in this case, streaming) with royalties authorization.

Illegal streaming exposes users to several risks:

• Legality: accessing protected content without authorization is an infringement of copyright.

• Security: illegal sites can host malware or intrusive advertising.

• Quality: content quality is often inferior, with the risk of clipping or poor resolution.

To avoid these risks, we recommend using legal platforms.

Arcom regularly inventories sites and platforms offering legal supplies.

With so many sites popping up all the time, it can be hard to know whether you're dealing with an illegal site or not.

However, there are a number of clues that can alert you to the potentially illegal nature of a site:

• pop-ups appear;
• the content catalog is extremely broad;
• the films on offer are still in cinemas;
• payment methods are not secure;
• the music, Ebook, film or series browsed is of poor quality;
• the logo of a foreign channel appears on the screen;
• the site or its users promote its illegality;
• no mention of personal data processing policy;
• legal notices are absent, almost non-existent or even far-fetched;
• the copyright infringement notification form is missing.

No, access to content may vary according to your geographical location. This is due to diffusion agreements or restrictions imposed by rights holders.

For example, a film available on a platform in France may not be available in another country.

Some people use VPNs to get around these restrictions, but this may violate the platforms' terms of use.

Yes, streaming can consume a significant amount of data, especially in high definition (HD) or ultra high definition (UHD).

For example:

• Around 1 Gigabyte per hour for a video in SD (standard definition).

• Up to 3 Gigabytes per hour in HD.

• Over 7 Gigabytes per hour in 4K.

So it's a good idea to keep an eye on your consumption, especially on 4G/5G or if you have a limited Internet package.

Yes, watching a sporting event (such as a soccer, tennis or rugby match) via an unauthorized streaming site is illegal.

Diffusion rights are purchased by official broadcasters, and only they have the right to show these competitions.

Arcom is actively fighting against sports piracy by disabling access to these fraudulent sites. In addition to the legal risk, these platforms expose users to viruses, phishing and poor video quality.

To follow a match legally, we advise you to use the official broadcasters or recognized partner platforms.

There is no need to contact Arcom for this type of diffusion.

On the other hand, it appears that these broadcasts may pose a problem in terms of royalties.

We advise you to contact the Association of composers and music providers to protect copyright and royalties(Association des auteurs, compositeurs et éditeurs de musique- Sacem) to find out to what extent TV channels can be shown, and under what conditions.

According to the information available to Arcom, there is no organization that manages the global authorization to show television services. It is therefore advisable to contact each channel that the business wishes to show to obtain its authorization, with the signing of a contract covering the broadcast of its programs on a professional basis. However, the SACD (Société des auteurs et des compositeurs dramatiques), which manages royalties for audiovisuel programs, is likely to be able to provide further information on this point.

As a statement of case, it is also necessary to obtain authorization from the Association of composers and music providers to protect copyright and royalties whenever music is likely to be shown.

After submission of a case before the court by rights holders, their representatives (collective management and professional defense organizations), the CNC or the state prosecutor, Arcom has two months to initiate the first stage of the graduated response. If it observes a fact likely to constitute a breach of the obligation to monitor Internet access, it can send a warning. This first warning is sent by e-mail to the contract holder, warning him that he has failed in his obligation to monitor his Internet connection. This warning informs the subscriber of the existence of means of protection and legal supplies. In the event of repeat offence within six months, Arcom can launch the second stage: sending a warning by e-mail, dubbed a recorded delivery letter.

In the event of a repeat offence within one year of the date of presentation of the second warning, Arcom warns the subscriber by recorded delivery letter that the offence is liable to criminal proceedings / prosecution. The subscriber then has 15 days in which to present his or her observations. The subscriber may also request a hearing or be summoned by Arcom.

A warning is a message sent by Arcom. It is sent to you because your Internet access has been used to make available copyrighted works. These facts are likely to be qualified as acts of counterfeiting. The purpose of the warning is to inform you of your failure to comply with your obligation to monitor your Internet access. It warns you of the legal sanctions that may be incurred, as well as of the means available to avoid infringements, and informs you of the existence of legal content supplies.

Arcom warnings are sent directly to the Internet access holder. Only authorized and sworn Arcom agents have access to Internet users' personal data.

Responding to warnings

Respond to warnings (professional contract holders)

When Arcom observes that a fact is likely to constitute a breach of the obligation to monitor your Internet access, it can send a warning. You may not have been the source of the downloads, but your Internet access has been used to download and make available protected works on the Internet via peer-to-peer networks.

In very rare cases, you may also have received a false warning. To check whether it's an Arcom warning and make your observations, or to demand details of the works, click here.

The penalty for gross negligence is a fifth-class offence of up to 1,500 euros. If you are an artificial person, this amount is multiplied by five, i.e. 7,500 euros.

Warnings are part of the graduated response mechanism and are not criminal sentences, so they are not entered in the police record. On the other hand, if the judge hands down a sentence, this is in principle entered in the individual's police record.