Images.
Lots of pictures.
Archives, news, personalities, like Brassens or Barbara, films ... But no authorization to distribute them.
Eric Zemmour's video, in which the journalist formalized his candidacy for the presidential election on Tuesday, is not only making waves in the political sphere.
It also makes people cringe on the side of the rights holders.
Read also Eric Zemmour declares himself a candidate for the 2022 presidential election
Like Gaumont, who was surprised to discover the unauthorized use of extracts from films such as "
Un singe en hiver
" by Henri Verneuil and "
Jeanne D'arc
" by Luc Besson, which he owns. rights. Furious, the major is preparing an urgent summary action from hour to hour before the Tribunal de Grande Instance of Paris (TGI) in order to defend her rights and those of her heirs.
On Twitter, the artist Woodkid announces "to
initiate proceedings
" for the "
totally unlawful
" use of his music.
Public Senate, for its part, will order Éric Zemmour to remove his logo on the five seconds of images of Macron's meeting on April 26, 2017 "
which are not our property, the video having been provided by the En Marche party.
», Indicates a spokesperson for the channel.
Other personalities or rights holders could quickly come forward, such as Pathé, holder of the rights to the film “
Breathless
”.
Up to 300,000 euros fine per extract used
In France, both images and video extracts are indeed protected by law. “
Éric Zemmour flouted all the elementary rules of copyright and image rights. Her campaign clip is a summary of intellectual property violations
, ”assures Julie Jacob, a lawyer specializing in intellectual and digital property. According to this expert, the newly declared candidate is exposed "
to actions for infringement, either civil or criminal. He can get fines of up to 300,000 euros for each extract used
”. On paper, the bill could therefore be steep on arrival.
Not all rights holders will necessarily attack.
The BFMTV channel was not solicited by Éric Zemmour who used several of his videos.
But she will not take legal action.
Contacted, France Televisions, Radio France and the INA assured that they "
were not aware
" either of the broadcast of their images.
The candidate “
did not request any
prior
authorization
”.
For the time being, no prosecution is envisaged.
However, indicate the three companies of the public sector, "
it will be necessary that Eric Zemmour discharges the rights of the images taken again like everyone else
".
Short quotes
The candidate could invoke the exception of “
short quotes
”, to justify the dissemination of all the images of his video of the candidacy. "
In this case, these extracts must be sourced and they must be justified by the critical, controversial or educational nature of the content in which they are incorporated
", argues the lawyer. “
Éric Zemmour's clip totally disregards copyright and creation
”. Cédric O, the digital secretary of state tweeted that “
if it is confirmed, Eric Z's“ middle finger ”to copyright is symptomatic: the“ scum ”is not where it is hear it. Respect, rules and people, this goes for everyone.
For those who compete for the highest functions first ”.
The beneficiaries could claim damages from Éric Zemmour but also from the channels or platforms that broadcast his video.
"
The fee is the same for traditional channels or social networks,"
recalls Julie Jacob.
But it is easier to obtain a result by attacking broadcasters, whose interlocutors are known.
Conversely, services like Youtube are more difficult to reach.
In addition, they hardly filter any content and often hide behind freedom of expression
”.
Regularization
The Parisian
contacted Eric Zemmour's campaign team who said the situation is being regularized.
“Everything has been settled and is being settled for the images added recently,
we are told.
We are doing things right.
Ditto for music rights (an extract from Beethoven's Symphony No. 7).
Package paid.
"
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