Où parle-t-on de Koreus ?

En regardant le film Babysitting hier, j'ai remarqué qu'il avait utilisé une image taggée Koreus.com (à 1:16)

@Alex333 a écrit:
Puis chouette de leur part de bien mentionner clairement la source à chaque fois

Embedding is no criminal offence, the Brussels Court of Appeal says
Kluwer Copyright Blog
April 26, 2013
Philippe Laurent (Marx, Van Ranst, Vermeersch & Partners)

In Belgium, besides being a tort from a civil law perspective, a copyright infringement can also be a criminal offence, on the condition that it is done “with malicious or fraudulent intent”. When copyright infringements are committed by unknown perpetrators (which is quite common on the internet), it is usual to file a complaint with an examining magistrate who is endowed with specific criminal investigation powers.

This is what the producer of “Fait d’hiver” (an Academy award nominee short film) did after noticing that the movie had been entirely uploaded on YouTube and embedded in the pages of two websites, namely koreus.com and garagetv.be. Google AdSense advertising banners were added on the latter, generating 2 Eurocents per click.

The original YouTube upload had been made via a Russian IP address. As Google Inc (owner of YouTube) refused to communicate data from outside Europe to a European claimant, this first inquiry was dropped. Likewise, the person responsible for the post on koreus.com was not found. However, the person responsible for the embedment on gargetv.be had been identified and prosecuted in a criminal court. The court of first instance acquitted the defendant, but the claimant appealed the decision.
“Let’s await the ECJ’s decision in the Svensson Case C-466/12” answered both the plaintiff and the defendant at the hearing to the question whether linking or embedding are communications to the public within the meaning of Article 3(1) of Directive 2001/29/EC.

“No need” replied the Court!
Indeed, in its decision of 19 March 2013 (available in Dutch here), the Court reminds that two cumulative conditions must be met to uphold the alleged offence: the copyright infringement and the additional moral element, namely the malicious or fraudulent intent.