France establishes the DRM-regulation authority

By EDRi · April 12, 2007

(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-gouvernement-n-a-vraiment-rien-compris-a-l-Internet.php

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