Private copy notice

The authors of the submissions of a case before the court have informed Hadopi that they can only record television programs using the PVR integrated into the television reception equipment supplied to them, and that the copies made are subject to restrictions on use by means of technological protection measures.

The private copying exception for television programs, as set out in articles L. 122-5, L. 211-3 and L. 331-9 of the French intellectual property code, and for which remuneration is paid to compensate rights holders for the loss they have suffered, protects the right of viewers to make copies for their own private use.

The supreme authority for the distribution and protection of intellectual property on internet (Hadopi) conducted a series of hearings and informal interviews, in order to take stock of existing practices in terms of private copying of television programs, and to assess the actual ability to copy these programs. Examination of the submissions of a case before the court revealed that digital copies of television programs received via broadband or satellite are subject to restrictions on use, notably limiting interoperability and file storage.

In fact, viewers can generally only read the copies they make from the equipment that produced them: in other words, they cannot, with a few exceptions, read them on other playback equipment (computer, tablet, etc.) or in other locations. These restrictions thus limit the interoperability of the copy; as well as the possibility of keeping it, particularly in the event of a change of operator.

In its opinion of September 11, 2014 the HADOPI's board considered that despite the fact that limitations on copying may be justified, particularly in order to reduce the risk of counterfeiting on the internet, restrictions must not exceed what is necessary to limit such a risk. In this respect, he considered that limitations depriving private copies of any interoperability with players other than the recorder that made the copy, and preventing the conservation of copies in the event of a change of supplier, appeared excessive.

Against this backdrop, it invited operators to offer their customers, within a reasonable timeframe, a private copying option for television programs that would enable them to make copies that could be kept for a long time, with sufficient interoperability for the private use of the copier.

The supreme authority for the distribution and protection of intellectual property on internet also emphasized the need to provide precise information on the possibilities for using copies made with each type of equipment.