3) Data bases
If the installation of a data base is a heavy financially, and
important project for the productivity of the company, one then
includes/understands the need for a legal protection effective and adapted to
this type of investment.
The Parliament and the European Council adopted on 11 March
1996 a directive widening the royalty to the data bases and based on a
particular mode, which dissociates the contents and the structure of such a
work. Contents of a data base, not presenting any originality (since
constituted from statistical data or factual), is protected by a right sui
generis ; the structure, being conceived of advantage like the fruit of an
original professional work, is protected by the royalty. Indeed, the selection
of information and the organization of the contents correspond to the
expression of a logic, specific to the author of the base. As illustration, the
Court of Appeal of Paris considered, in connection with a directory, that it
was protégeable not for the addresses which make it up, but because of
« géaée presentation which is made by
it ».
The spirit of this specific right thus consists of the data
protection as a source of information, and a this mechanism with for vocation
to mitigate the inadequacy of the royalty in the defense of the economic
investments of a basic creator of data
4)
Photographs on Internet
The setting on line of a photograph brings into play at the
same time the patrimonial right of the author and his moral right. The
consultation of Web sites reveals that this last is often abused : the
noun of the author is often forgotten, the photographs is modified or
recadrées without authorization, that because of the many possibilities
offered by the computer.
An adaptation of the moral right in the sector, in full
expansion, of the imagery thus seems necessary, with the risk to see the
violated and ridiculed legal rule.
Thus the reduction of a photograph induced by its
digitalization and for technical reasons (of lack of place), should not
constitute an infringement of the moral right of the author. In the same way
for the realignment of a photograph carried out for technical reasons.
With regard to the plundering of the patrimonial right of the
author of a photograph, a simple means can consist, at the time of the first
disclosure on the network, in the use of a weak resolution of the image, so
that its re-use is deprived of any esthetic interest. This purely
data-processing mechanism would authorize the authors of visual works to put on
line a certain number of their creations, without fearing intensive hacking.
5)
Articles of on-line press
What happenhappens setting in line of articles of
journalists ? The transfer on paper medium of an article can it implicitly
involve its digitalization on the site of the newspaper ?
The ordinance returned by the Court of Bankruptcy of
Strasbourg in favor of the journalists of the Last news of Alsace in
February 1998 brings a first brief reply. The court judged that the journalist
limits the transfer of his royalty to a first publication and that the
reproduction of the work of a journalist in another periodical is subjected to
authorization.
However, there is not general rule and each newspaper invents
its own solution. Thus, the World signed in 1996 with the trade-union
representatives, a valid agreement two years stipulating that the authorization
granted to the editor for the re-use of articles on Minitel, Internet or
Cd-Roms is done financial n the other hand. However, of many editors are
attached to the concept of copyright to the anglo-saxone, which enables them to
regard the contents of a newspaper as a collective work, likely to be
duplicated on various supports. The Trade union of the Parisian press and the
Trade union of the regional daily press plan to ask the government to amend the
law on the royalty without this direction.
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