The mission entrusted in November 2020 to Valérie-Laure Benabou, professor at the University of Versailles-Saint Quentin en Yvelines, and Joëlle Farchy, professor at the University of Paris I, and to Steven Tallec, The aim of the report was to examine in greater depth the way in which the different types of data (metadata attached to the content, usage data, etc.) are used. are mobilized by referral devices used by online platforms offering musical, cinematographic or audiovisual works in order to direct users' choices towards some of them.

In his report, presented to the members of the Conseil Supérieur de la Propriété Littéraire et Artistique during the plenary session of December 15, The mission notes that these referral systems raise two main types of issues related to the digital broadcasting of music and audiovisual.

The first issue concerns cultural actors. The recommendation, because it helps promote content and increase its potential demand, can have a direct impact on artists' visibilities and their levels of remuneration. However, the report indicates that these promotion mechanisms are not always transparent and that the legal framework accompanying these new practices is still in its infancy. In this regard, the report identifies three main areas to focus on: optimizing the collection and distribution of metadata integrated into recommendation processes; improving access to and sharing of usage data for protected objects and introducing more transparency in the algorithmic processing of this information.

The second issue relates to cultural diversity. Designed to capture the attention of the user on content supposed to satisfy him, the highlighting of content by the recommendation devices, contributes to their discoverability, which may constitute an element of cultural policy at the service of diversity. Again, the real issue is the transparency of the principles governing, on a service-by-service basis, the information sorting mechanisms.

The mission therefore recommends, in particular, strengthening the transparency obligations of online platforms broadcasting works regarding the algorithms they use to guide the choices of their users.

The analyses and recommendations contained in this report are the sole responsibility of their authors and do not represent a position taken by CSPLA or the Ministry of Culture.

The Conseil supérieur de la propriété littéraire et artistique (CSPLA) is an advisory body to the Minister of Culture, bringing together all the stakeholders of copyright in France (representatives of authors, artists, publishers, producers, broadcasters, online service providers and consumers). It publishes several reports each year on topics concerning the future of copyright, which place it as a pioneer of reflection on these issues at European and international level.