Droit de l'informatique,Droit des nouvelles technologies,Propriété intellectuelle

streaming

Posté le par Loïc Panhaleux

Le streaming est-il licite ?

La Cour Suprême du Royaume-Uni a interrogé la CJUE sur le point de savoir si les internautes, qui consultent des sites Internet sur leurs ordinateurs, sans les télécharger ou les imprimer, portent atteinte au droit d’auteur en raison de la réalisation de copies sur écran et de copies en cache, à moins qu’ils n’aient l’autorisation des titulaires de droits d’effectuer de telles copies.

La Cour de justice a admis cette pratique sur le fondement de l’article 5 de la directive 2001/29/CE du Parlement européen et du Conseil, du 22 mai 2001, relative à l’harmonisation de certains aspects du droit d’auteur et des droits voisins dans la société de l’information.

Selon la Cour, cet article doit être interprété en ce sens que les copies sur l’écran d’ordinateur de l’utilisateur et les copies dans le «cache» du disque dur de cet ordinateur, effectuées par un utilisateur final au cours de la consultation d’un site Internet, satisfont aux conditions selon lesquelles ces copies doivent être provisoires, présenter un caractère transitoire ou accessoire et constituer une partie intégrante et eCopyright (français)ssentielle d’un procédé technique, ainsi qu’aux conditions fixées à l’article 5, paragraphe 5, de cette directive et peuvent dès lors être réalisées sans l’autorisation des titulaires de droits d’auteur (CJUE, 5 juin 2014, C-360/13, Public Relations Consultants Association Ltd contre Newspaper Licensing Agency Ltd e.a.)

Loïc Panhaleux

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