Posté le 21 October 2021 dans New technologies regulations / Cyberlaw.
Streaming is an internet tool for accessing multimedia content. This tool delivers video and audio content to any internet-connected device. In particular, it allows at any time, regardless of a broadcast schedule and without having to download a file, to listen to music, watch videos, or even follow live events from a computer, smartphone, tablet or TV connected to the Internet.
Streaming developed significantly in the 2000s, thanks to the creation of platforms such as Deezer, YouTube or Dailymotion. It very quickly replaced our televisions and our radios which only made it possible to follow programs when they were broadcast.
Streaming opened up a whole new world of entertainment and information that was no longer restricted to what we saw on television or radio.
The question has arisen whether streaming a copyrighted work is legal.
In its answer to question number 1329 from Mr LATOMBE of March 16, 2021, the Ministry of Culture indicated that streaming is in principle legal but on two conditions:
• If streaming from a legitimate source,
• No circumvention of technical protection measures is performed.
Indeed, this allows the person who streams to benefit from the private copy exception.
Nevertheless, the commission for the remuneration of private copying took into consideration a part of the copies resulting from streaming in order to draw up its scales. The Council of State (Conseil d’Etat) in a judgment of November 27, 2019 validated this approach.
Accordingly, streaming may be lawful if covered by the private copying exception and users pay fair compensation under the private copying remuneration. This remuneration is neither a tax nor a salary, but a particular mode of exploitation of the same nature as copyright.