Intellectual Property Watch
6 July 2009
New “Hadopi 2” Legislation Heads To French Senate
One month after the French government’s so-called HADOPI law aimed at preventing online illegal downloading was partly censored by the French Constitutional Council, the government has continued its push and is presenting a new law restoring the punishing arm of the original law (IPW, Access to Knowledge, 16 June 2009).
Frédéric Mitterrand, new French minister of culture and communication, wants the new proposal to move rapidly through the Parliament, according to the French Ministry of Culture and Communication. The draft law will be discussed at the French Senate on 8 July. It comes as a complement to the HADOPI law whose mandate was reduced to the promotion of legal online downloading.
The proposed law would authorise the newly created high-level authority for the diffusion of works and the protection of rights on the internet (HADOPI) to ascertain online infringements, advise the potential infringers, and allow the French judicial system to use simplified legal procedures to return a swift verdict. Alleged infringers may face a suspension of their internet connection.
In parallel, Mitterrand is seeking to start a wide consultation with all actors of the sector.
French critics are calling for deputies and senators to reject what they refer to as the HADOPI-2 law.


A recent US court decision introduces entirely new questions about the balance between a transformative work and a copyright infringement. It also places the responsibility of balancing the public interest in freedom of expression against the interests of rights holders squarely in the hands of the court, writes Leslee Friedman.
Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or transformative purposes and authorisation to copy by libraries and museums to preserve their works). But the government needs to hear from all interested parties – especially the artists – and avoid letting the debate transform into a political-ideological discussion, writes Brazilian lawyer Manuela Correia Botelho Colombo.


7 July 2009 at 11:22 am
[...] Source: Intellectual Property Watch [...]