Encouraging the development of legal supplies

Image d'illustration encouragement au développement de l'offre légale.

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    Article L. 331-12 of the French intellectual property code entrusts Arcom with the mission of "encouraging the development of legal supplies", the content of which is specified in article L. 331-17: the Authority is responsible for developing tools aimed at strengthening the visibility and listing of legal supplies among the public.

    The legal supply

    Arcom has developed two tools to strengthen the visibility and listing of legal supplies:

    1. the portal for listing (in french) sites and services deemed to respect royalties ;
    2. the Legal Supply Extension (EOL), which lets Internet users check in real time whether the site or service they are browsing is listed by Arcom.

    The aim of these tools is twofold: on the one hand, to inform Internet users, who often find it difficult to verdict the legality of online services, and to direct them towards them; on the other hand, to promote services that show themselves to be respectful of royalties.

     

    The listing of sites and services deemed to respect royalties is defined by the Arcom deliberation of March 9, 2022, which specifies the method. In this sense, the observation made by Arcom services concerns online public communication services intended for the French public, giving access to works and objects protected by copyright, neighbor rights or an audiovisual exploitation right mentioned in article L. 333-10 of the French Sports Code, on electronic communications networks used for the provision of online public communication services.

    Factors taken into account for the purposes of listing include the number of publicly accessible requests for notification and withdrawal, listing by other public bodies, the presence of legal notices and general terms and conditions of sale highlighting respect for copyright, access to a secure payment system for paid supplies, the absence of a dangerous environment (objectionable advertising, malware, etc.), the site's own claim to legality and the effectiveness of its notification schemes.

    On January 1, 2024, Arcom listed 525 cultural sites and services.

    Public awareness raising

    Arcom has developed tools to help users adopt responsible cultural practices on the Internet, including a kit for professionals, practical information sheets and tutorial videos.

    These initiatives are in line with the French Education Code, which makes provision for students to be made aware of copyright and the availability of legal supplies:

    • Article L312-6 :" As part of these teaching schemes, pupils receive information on the dangers of unlawful downloading and making available works or objects protected by copyright or neighbor rights for artistic creation. " ;
    • Article L312-9 : " In particular, when preparing for the computer and Internet certificate (brevet informatique et internet) for secondary school pupils, teachers who have previously been made aware of the subject provide them with information on the risks associated with the use of online public communication services, on the dangers of unlawful downloading and making available of works or objects protected by copyright or neighbor rights for artistic creation, and on the legal sanctions incurred in the event of (...) infringement of copyright. This information also covers the existence of a legal supply of works or objects protected by copyright or neighbor rights on online public communication services."

    For many years, Arcom has been working with youngsters and the educational community to raise their awareness of the main principles of royalties, encourage them to use the Internet responsibly and introduce them to digital creation.

    In 2018, educational modules aimed at teachers in cycles 3 (CM1-CM2-6e) and 4 (5e- 3e), were developed in partnership with the company Tralalère with the support of a steering committee comprising the French national data protection agency (CNIL), the Union nationale des associations familiales (UNAF) and the association e-Enfance. Designed as turnkey courses that can be freely used by teachers, but also shown by specialized animators, these modules aim to raise awareness raising among pupils of the right cultural uses of the Internet, and are intended to be relayed by as many schools as possible. Developed in two theoretical and practical sessions, they are designed to spark classroom discussion on the cultural practices of young Internet users, deconstruct pupils' preconceived ideas on these subjects before placing them in the position of creators and thus better helping them to grasp the challenges of royalties. Since September 2018, these modules have been brought into classrooms by Génération numérique association facilitators, and over 40,000 have been aware raised, across the whole country.


    At the same time as workshops specifically dedicated to primary and secondary school pupils, initiatives are also being carried out with higher education students (e.g. participation in workshops and master classes as part of the Creart'up Festival, collaboration with the CROUS de Paris concerning student awareness-raising of copyright challenges and the promotion of legal supplies, intervention within the INSPE de Rennes, etc.) and teachers (e.g. Arcom's contribution to the Union des Professeurs de Physiologie, Biochimie Microbiologie congress in October 2022, etc.).

    On January 17, 2023, Roch-Olivier Maistre, Chairman of the French regulatory authority for audiovisual and digital communication (Arcom), and Pap Ndiaye, Minister of National Education and Youth, signed an agreement designed to strengthen cooperation between the Ministry and the regulator in the field of media and information literacy (MLE).

    This partnership, which follows on from the agreements signed by the Ministry of National Education and Youth with Hadopi in 2019, and with the French Superior Audiovisual Council in 2020, aims to strengthen education in media, information and digital citizenship, develop joint educational actions and mobilize the networks of each institution1 in order to publicize and increase the impact of actions carried out in the field of EMI.

    Under the terms of this agreement, the two partners are making strong commitments to :

    1. Diffusion of educational resources. Arcom presents the audiovisuel and digital world, and the role of the regulator, through educational resources that address the challenges of media representations: questions of equality, plurality, rights and freedoms. The Authority also raises awareness of royalties and promotes legal supplies. Arcom has also recently published, with the support of CLEMI, a new teaching scenario for primary school teachers on the construction of information;
    2. Awareness raising for the general public on responsible digital use, particularly of the Internet and social networks, such as the"La Famille Tout-Écran" resources or the "jeprotègemonenfant.gouv.fr" platform;
    3. The development of educational initiatives to promote media literacy, information literacy and digital citizenship. This partnership action includes educational actions initiated by CLEMI such as Press and Media Week in Schools®, the"Médiatiks" school media competition, the"#ZéroCliché " competition forequality between girls andboys, and projects such as "Une webradio, un parrain"; it also includes anyeducationalactionaround the charter foreducation indigital culture and citizenship, of which CLEMI and Arcom are partners;
    4. The organization of national or academic training courses as part of initial and in-service teacher training or the training of trainers, as well as the production of training tools and teaching resources in media, information and digital literacy. To date, Arcom has contributed to the training of over 600 teachers in the Créteil, Versailles and Tours academies. Arcom also encourages its antennae and online platforms to contribute to the educational effort, and to promote the actions they carry out, in particular classroom interventions, in an annual report ;
    5. Sharing expertise on media representation challenges;
    6. Encouraging school media practices, through Arcom's regional delegations. In addition, as part of large-scale projects such as"Une webradio, un parrain",Arcom encourages schools todevelop web radios and web TVs , and provides them with support.

    Finally, Arcom runs more specific projects that put students in the role of creators, offering a fun and educational approach that complements awareness-raising workshops. These projects are carried out in partnership with other institutions.

    One example is the " Pocket Documentary " project, launched in 2015, with the support of SCAM and Forum des Images. This artistic and educational work enables students, put in the position of creators, to be made aware of the challenges linked to digital creation (royalties, diffusion, formats, etc.). You can find out more about Arcom's activities in the field of media and information literacy and digital citizenship on our website, in the section dedicated to these challenges: " Education and citizenship ".

    The European online content portal, "Agorateka" is also a landmark project. Launched in 2016 and developed by the European Intellectual Property Office (EUIPO), as part of its European Observatory on Infringements of Intellectual Property Rights, it helps consumers identify legal supplies of music, TV shows, films, gaming, books and sporting events in participating European countries, by means of a single portal.

    The initiative also informs policymakers of the state of play when it comes to legal supplies available online.

    Since 2017, Arcom has been participating in the Agorateka network by sharing its data on the services listed on the national portal and integrating a link to the Agorateka portal from its website.

    Agorateka is a pan-European portal of the European Intellectual Property Office (EUIPO). It provides quick and easy access to online legal supplies.

    Partnerships

    Launched in 2016 and developed by the European Intellectual Property Office (EUIPO), as part of its European Observatory on Intellectual Property Rights Infringements, the European online content portal, Agorateka, helps consumers identify legal supplies of music, TV shows, films, gaming, books and sporting events in participating European countries, by means of a single portal.

    The initiative also informs political decision-makers of the state of play regarding legal supplies available online.

    Since 2017, Arcom has been participating in the Agorateka network by sharing its data on services listed on the national portal and integrating a link to the Agorateka portal from its website.

     

    Logo du portail Agorateka