Breach Of Licence Agreement
The case returned to the Paris Court of Appeal, which must now determine the liability regime for copyright infringement of the computer program by the licensee. The Court of Appeal will no doubt decide that the offence of the licensee who amended the source code constitutes a copyright infringement and that the specific copyright regime applies. Only this solution will allow the licensee to obtain the guarantees provided by French copyright in accordance with the 2004/48 directive, including specific rules and procedural measures as well as specific rules for calculating harm. Assuming that the owner has registered his copyright with the U.S. Copyright Office before the date of the violation (or within three months of the publication of the book), the owner can also recover the legal damage. In the event of an intentional violation, legal damages can be awarded up to $150,000 per injured work. Legal fees in a copyright claim may also be awarded to the dominant party. As a general rule, each party pays its own legal fees in a breach action, unless the agreement provides for something else. This solution has rightly been criticized. First, parties to a software licensing agreement do not expect, in their contracts, contractual liability in the event of a breach of an IP clause, for example.
B, a clause limiting the number of users of the program; If such a clause is breached, clauses such as the limitation of liability clause could limit the liability of the licensee. Secondly, the solution boils down to legal orthodoxy: apart from the scope of the contract, the contract should no longer apply and, if the courts still apply the contractual liability regime instead of the specific copyright regime, the scope of this contract will be artificially extended (Sophie Haddad and Antoine Casanova, The debate is (finally) decided: the non-compliance with the terms of the software license agreement is a breach, Review Lamy of the Immaterial, No. 167, Feb. The practical consequence of this solution is that, in the case of the application of the contractual liability regime, the right holder cannot rely on the specific guarantees of copyright and, in particular, the specific rules of procedure that may be requested by the applicant (for example.B.