The Ministry of Culture has today released the final version of the “ Charter good practice in advertising for the respect of copyright and related rights “, reproduced here in full –Bra. As expected, the Charter provides for the establishment of a private blacklist “websites offenders” (and not “massively infringing”, to quote the report MIQ) established by the rights holders, with which the advertising professionals Online refrain of “ commit any business relationship ” even if the illegality of the listed sites is not verified by a court.
If the objective is to financially drain the pirate sites in an attempt to cause their disappearance, the charter will have absolutely no impact on Popcorn Time, P2P software the most popular of the moment, since it is completely free and without any advertising. Despite more than fifteen years history on piracy, organizations Copyright living still do not understand that piracy is an offer that responds to a request, not the reverse. Although some deals disappear, piracy will remain as the expectations of users – which can not be reduced to free – will not be met by an attractive legal offer.
Here is the charter signed Monday, March 23, 2015:
Professional organizations, representing all advertising professionals and advertisers, affirm their commitment to intellectual and artistic property and undertake to make their best efforts to encourage their members and all stakeholders their respective sectors, not to offer for sale or advise or buy media space on sites that massively violate the copyright and neighboring rights.
The fight against counterfeiting of copyright and related rights is an essential factor for the development of the creative and cultural legal online offer. Some communication sites to the public electronically, which can be established abroad, are making profit activities based on dissemination or encouraging the unauthorized dissemination of works protected by copyright and related rights . Sites massive violator of copyright and related rights (hereinafter referred to as “Offenders Sites”) derive most of their revenue from online advertising because advertising messages are broadcast on their communication sites to the public by electronically. Their activity undermines the cultural legal online offer.
The signatories have an essential role in the development of the digital economy. They are attached to maintaining quality standards for advertisers and for the entire advertising market and the need to fight against Offenders sites. Indeed, advertisers and advertising professionals wishing to implement all the means at their disposal to prevent the dissemination of advertisements about Offenders sites since it is particularly detrimental to their image and reputation. Different advertising professionals can master, operationally via different tools, dissemination of advertising messages and can, under this Charter, implement, with their best efforts, measures to avoid that advertising of their customers are published on Offenders sites, each according to his role and place.
The signatories affirm the important role to be played by the cultural sector to defend its rights and recognize the relevance of the approach of dry incomes Offenders sites and wish to join.
This is why, under the leadership of the Ministry of Culture and Communication, the signatories of this charter decide the following measures, voluntary and supportive measures are intended to curb the phenomenon of counterfeiting of works on those sites.
General principles
advertising professionals and advertisers signatories undertake to establish one or more procedures to strengthen the fight against Offenders sites, including those referred to below, without prejudice to the complementary use of other ways they deem appropriate.
assigns signatories commit to continuing outreach efforts and education in which they are involved in the fight and prevention against illicit activities, in France or abroad. Located in the best position to identify and assess the violation of copyright, unlike advertising services must rely on them to do so, they commit to work together.
Commitments
1. The signatories of this charter shall establish and implement clear and transparent recommendations to prevent Offenders Sites incurring any commercial relationship with them.
2. These recommendations will be published on the site or sites of relevant services and advertising on their site and / or that of the professional organization representing them, prominently and in appropriate locations. The signatory professional organizations communicate and make available to their members, and more generally of any player in their industry by applying all useful tools for compliance with these best practices. The signatories also encourage by all means of communication and information at their disposal fellow professionals from advertising to implement the recommendations of this charter.
3. The signatories of this charter undertake to implement the means at their disposal, each according to its role and place in order to avoid broadcasting advertisements on sites violators.
a) Each signatory may establish a list of addresses of websites url referring to the information provided by the competent authorities (1), possibly using technological tools, and in collaboration with the beneficiaries who are the only to have knowledge of rights that apply. This list is based on criteria defined in full agreement with all stakeholders, in particular within the framework of the Monitoring Committee (see point 4) and will be updated as needed by everyone.
b) Each signatory company, in the manner it deems most appropriate, directs its contractual relations and / or business according to its own list. Advertisers and media agencies, boards and advertising services shall, if necessary, they do not wish to display advertising on sites Offenders and thus associate their brands or services. They may be included in contracts binding them to their service provision recalling the obligation. This clause could be based on a list of sites that their providers will eventually complete as part of their duty to provide advice.
c) Each signatory may also decide to put in place all existing operational tools to detect and refuse to work with Offenders sites on its list.
4. There is established a monitoring committee in which stakeholders, represented by the signatory professional organizations (2), under the leadership of the government, will enjoy on a regular basis the effects of practices from this charter.
a) The Monitoring Committee reported on good practices implemented by the signatories.
b) The Committee shall circulate any information on offenders sites.
c) The signatories recognize the Committee’s comments on the withdrawal of sites considered violators and shall take the measures it deems necessary to educate their profession and ensure its effectiveness.
d) Public authorities, including the Ministry of Culture and Communication, on the recommendation of the Committee may conduct operations to enhance virtuous actors involved in this process, to professionals and the general public.
e) The Committee meets twice a year and prepare a summary report is communicated to the Minister of Culture and Communication, the latter can make it public.
f) The evolution of missions and / or termination of the Monitoring Committee are decided by mutual agreement among its members and the Ministry of Culture and Communication.
5. The signatories undertake to give this Charter, adequate publicity, including with regard to the general public, and to look to the support of the largest number of parties stakeholders.
6. This Charter comes into force on the presence of the Ministry of Culture and Communication.
(1) Professional organizations whose officers are sworn in by the Ministry of Culture and Communication, websites reported on the PHAROS platform of the Ministry of Interior, independent administrative authorities, decisions Justice …
(2) Composed of equal numbers of representatives of advertisers and advertising professionals, on the one hand, and assigns, on the other.
SIGNATORIES
for the actors of digital communication represented by Interactive Advertising Bureau (IAB France), the legal representative,
for regulated represented by the Union of internet authorities (IRS), the legal representative
Media agencies represented by the Union of Council of Companies and Buying Media (UDECAM), the legal representative,
for advertisers represented by the Union of Advertisers (UDA), the legal representative,
to organizations representing the beneficiaries: the Association for the Fight against Audiovisual Piracy (ALPA), the legal representative,
National editing Union (SNE), the legal representative,
SELL (SELL), the legal representative
The National Union of Video Game (SNJV), the legal representative,
the Society of Authors, Composers and Music Publishers (SACEM), the legal representative,
Civil Society of Phonographic Producers (SCPP), the legal representative,
and Phonogram Producers Civil Society in France (SPPF), the legal representative.
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