Preliminary work for the evaluation of technological protection measures implemented by content-sharing service providers

Initialement publié le 15 December 2021 on the website : www.hadopi.fr

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Order no. 2021-580 of May 12, 2021 transposing Article 2(6) and Articles 17 to 23 of Directive 2019/790 and amending Directives 96/9/EC and 2001/29/EC gave the High Authority a central role in seeking and maintaining the balances set by Article 17 by entrusting it with the task of drawing up notices on the level of effectiveness of the measures taken by online content sharing service providers to protect works and protected objects with regard to their ability to ensure the protection of works and protected objects.

Act no. 2021-1382 of October 25, 2021, on the regulation and protection of access to cultural works in the digital age, effective as of January 1, 2022, entrusted the French regulatory authority for audiovisual and digital communication (Arcom), under the provisions of the new article L331-18 of the French intellectual property code, with evaluating the level of effectiveness of measures taken by online content sharing service providers to ensure the protection of protected works and objects.

As part of the discussions prior to the implementation of these new missions, the authority has carried out initial work:

The recommendation report on the implementation of the mission, which was the subject of a recommendation by the HADOPI's board, presents the main directions envisaged for the implementation of the mission. Two draft questionnaires are appended to the report:
- a draft questionnaire for rights holders ;
- a draft questionnaire for content-sharing service providers.

These questionnaires will be shared with the players concerned in order to take account of their observations.

In addition to the above, three studies have been carried out to gain a better understanding of how content is shared on content-sharing sites, under the provisions of both professionals and Internet users:

a survey of rights holders in the audiovisuel and music industries, to gather their perceptions and practices. This study was carried out by IDATE Digiworld;
a specific survey of a panel of videographers, carried out by the Harris Interactive institute, provided a better understanding of the uses of these particular professionals;
finally, an exploratory study carried out in partnership with the Pôle d'Expertise de la Régulation Numérique (PEReN), enabled us to qualify and quantify the content available on YouTube, one of the most widely used content-sharing services in France.