Les Echos Training Courses - 2009
PROGRAM
Moderators :
Marie-Christine de Percin, Attorney, Medialegal law firm ; Vice President, Presse Liberté
With the collaboration of Jérôme Pujol, attorney specialized in intellectual property and information technology technologies law, Medialegal law firm and of Anne-Katel Martineau, Attorney specialized in digital media law and information technology law, MEDIAS TIC law firm.
Day 1
9:30 am > 11:30 am Managing legal protection of a website
- How are conflicts between trademarks and domain names handled?
- What is the efficient response to cybersquatting?
- Reconciling trademark law and website referencing
- Knowing the latest decisions concerning on-line infringement and parasitism.
- Settling conflicts of laws and jurisdictions in the event of an international dispute
11:30 am > 1:00 pm Search engine liability
- The problematic of referencing on the Internet: key words
- The various types of hypertext links
- Review of recent case law and case studies
1:00 pm > 2:15 pm Lunch
2:15 pm > 3:30 pm Identifying and assessing the obligations and liabilities of Internet operators and main players
- Updating application of the French LCEN law [1] in accordance with recent case law
- Can Internet hosts still escape liability?
- What liability do discussion forum managers have? Bloggers? RSS feed operators?
- Determining liabilities in the event of an international dispute
- What procedure is undertaken in the case of a foreign Internet host?
- How should connection data be handled subsequent to the European Court of Justice decision of 29 January 2008?
3:30 pm > 5:00 pm Defining how the digital environment creates or modifies applicable legal provisions regarding on-line content and services
- Content publishing: knowing the rules of communication and press law, the on-line right of response
- Cyber crime
- How can the disparities between French and European legal provisions be reconciled?
- Services publishing: rules applicable to video games, to e-commerce platforms, the prohibition of on-line gaming and betting
- Knowing French and EC case law
- On-line advertising: what are the specific rules? How can comparative advertising be done?
- What obligations must video games comply with?
[1] French law of 2004 on trust in digitalcommerce (Loi sur la confiance dans l’économie numérique de 2004)
Day 2
9:00 am > 11:30 pm Creating and operating a multimedia work
- Definition, content and specific status of the multimedia work
- Script, text, sound, video, image, graphic art, software
- Defining and distinguishing rights for collective work, collaborative work, composite work, derivative work, audiovisual work, work produced under employee contract, free content or free information
- In what way does digitizing change copyright and performing rights?
- Knowing the status of a created or commissioned promotional work
- The new challenges of cell phone services and interactive digital television
- Drafting the main clauses of contracts for purchasing rights, for audiovisual production, partnership, distribution and use of multimedia works
- Study of contracts and recommendations
11:30 am > 1:00 pm Copyright exceptions and limits
- Defining and delineating the citation exception
- Knowing the status of private copies
- The status of the on-line journalist and the value of collective bargaining agreements
1:00 pm > 2:15 pm Lunch
2:15 pm > 3:00 pm Managing legal protection of multimedia works circulated on the Internet
- Application of EC directives and international agreements concerning multimedia works
- The peer-to-peer problematic
- Is it lawful to download copies?
- Can the main players in peer-to-peer be liable for infringements committed by Web surfers?
- The new anti peer-to-peer provision: the tempered response
- Assessing the scope of the Olivennes report
- CNIL and French Council of State recommendations
3:00 am > 4:30 pm The means of taking action against on-line piracy and infringement
- Knowing the French Law of 29 October 2007 Against Infringement and Piracy
- Searching for infringers in France and abroad
- Collecting proof in a digital environment: IP addresses, etc.
- Survey of French and foreign case law