Compliance with treaty obligations relating to intellectual property and neighbor rights: response to a submission of a case before the court
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Arcom was seized by the Parti Pirate following the deletion, at the request of a television service editor, of one of its videos posted online by the Twitch platform.
In support of its demand, the Parti Pirate invoked the news reporting exception provided for in article 5-3, c) of Directive 2001/29 of the European Parliament and of the Council of May 22, 2001 on the harmonization of certain aspects of copyright and related rights in the information society.
The Autorité noted that this exception had not been transposed into French law as far as neighboring rights were concerned, as is clear from the provisions of article L211-3 of the French intellectual property code.
Consequently, it considered that intervention was not justified.