Report drawn up by Mr. Tristan Azzi, Professor at the University of Paris I Panthéon-Sorbonne, President of the Mission, assisted by Mr. Yves El Hage, Rapporteur
The mission entrusted in December 2020 to Mr. Tristan Azzi, professor at the University of Paris I Panthéon-Sorbonne, and to Mr. Yves El Hage, rapporteur, aimed to enable a better identification of online works via metadata, in order to better trace the ownership of works and the remuneration due to authors when their works are exploited on online platforms.
After conducting a series of hearings, the Mission found that metadata is often suppressed by a number of operators but that there are provisions that provide a potentially effective framework to combat this phenomenon (intellectual property code, press law) which are never implemented. As a result, in its report, presented to the members of the Superior Council of Literary and Artistic Property at the plenary session on 5 July, the mission formulated two series of recommendations.
The first set of recommendations calls for compliance with existing law (Articles 15 and 17 of the DAMUN Directive) and encourages the development of framework agreements on the press, while proposing a better framework for their implementation. The report also suggests developing the role of the future ARCOM, by entrusting it with an observation mission on the issue of metadata in fixed images. The second set of recommendations, if the first fails, is based on a change in the law. The mission thus suggests rewriting sanctions for technical information measures and strengthening ARCOM’s role in metadata.
The analyses and recommendations contained in this report are the sole responsibility of the authors and do not constitute an opinion of the CSPLA or the Ministry of Culture.