Evaluation of works protection measures taken by online content sharing service providers: questionnaires to rights holders and services

Act no. 2021-1382 of October 25, 2021 on the regulation and protection of access to cultural works in the digital age entrusted Arcom, under the provisions of the new article L331-18 of the French intellectual property code(French intellectual property code), with evaluating the level of effectiveness of measures taken by online content sharing service providers to protect works and protected objects, including their deployment and operating conditions.

As such, Arcom can issue notices for their improvement, as well as on the level of transparency required.

Browse the notice of recommendation published on December 15, 2021, which defines the main directions envisaged for the implementation of this mission.

To this end, Arcom may request any useful information from service providers, rights holders and designers of protection measures. As part of its task of evaluating the effectiveness of measures taken by content-sharing service providers to protect protected works and objects, Arcom publishes two questionnaires:

• a questionnaire for content-sharing service providers, asking them about their compliance with the new legislation, the agreements they have signed with rights holders, and the various tools and measures they offer to indicate and guarantee the unavailability of works;
• a questionnaire for rights holders concerning the protection of their catalogs and the solutions they use, the agreements they have signed with content-sharing service providers, and their assessment of the robustness and practicality of the protection measures offered by these services.

Respondents were asked to submit a statement in accordance with the instructions set out in the introductory note below. Responses to the questionnaires were online only , and had to reach Arcom by June 20.