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France establishes the DRM-regulation authority

12 April, 2007
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(Dieser Artikel ist auch in deutscher Sprache verfügbar)

The independent authority foreseen by the new French law on copyright (DADVSI) was created in the last days of the Villepin government. This Authority for Regulations of the DRMs (Autorité de régulation des mesures techniques - ARMT) should ensure the interoperability of the DRM systems and allow the private copies.

Even though the law has been in force since August 2006, the official normative act creating the authority was published in the Official Journal only on 4 April 2007 and, a few days later, the Ministry of Culture has officially created the new authority. ARMT will be responsible, according to the DADVSI law, with seeing that the DRM systems do not create additional limitations in the use of artistic works to those explicitly expressed by the copyright holders.

ARMT is formed by six members nominated for a 6-year mandate. The first members of the authority are already under scrutiny. Julien Dourgnon from the consumer association UFC-Que Choisir shows that there are significant conflict of interests for some members of the Commission, especially by the nomination of President of the Commission for the private copy levies, Tristan d'Albis.

The French Minister of Culture seemed very pleased with the creation of the new authority, even though the debate on interoperability has developed a lot since last year debates. The new decision from EMI and Apple to release DRM-free music for its iTunes service could mean that the new commission will not have too much work on its hands.

AMRT should have an essential role in balancing the copyright with consumer rights. It should establish the minimum number of private copies of a work for consumers. The authority can receive complaints from consumers and other target groups of the private copy exception (such as disabled persons or librarians).

One of the main actors in the French interoperability debate, UFC-Que Choisir, has contested the way the new commission will work under the adopted copyright law, since the consumers associations do not have the right to complain to the new authority on interoperability issues.

Decree no.2007-510 from 4 April 2007 concerning the creation of ARMT (only in French, 6.04.2007)
http://www.legifrance.gouv.fr/WAspad/UnTexteDeJorf?numjo=MCCB0700270D

An arbiter for solving the private copy disputes (only in French, 06.04.2007)
http://www.01net.com/article/345814.html

The Government didn't really understood anything about Internet (only in French, 6.04.2007)
http://www.20minutes.fr/article/150401/20070406-Culture-Le-gouvernemen...

EDRI-gram: New French copyright law gives Apple satisfaction (5.07.2007)
http://www.edri.org/edrigram/number4.13/frenchcopyright

 

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