France
[FR] infringement of Planète channel's packaging
IRIS 1998-7:1/14
Charlotte Vier
Légipresse
The packaging of a channel aims to create a visual identity by which the viewer will recognise the channel's characteristics and this deserves to be legally protected. Planète channel--in the form of words that scroll horizontally and vertically on
In this case, the packaging of the the screen and cross at a right angle--constitute an intellectual work protected by copyright. The company TPS, operator of a bundle of channels and services transmitted by satellite since November 1996, provides a socalled welcome channel whose packaging also consists of words scrolling horizontally and vertically across the screen which cross at right angles. This scrolling of words is not found in any other programme credits and the differences between the two credits, notably in the colours and the speeded up pace, are not sufficient to erase the overall similarities which make up the infringement.
References
- Tribunal de commerce de Paris, 22 mai 1998, Société Planète Câble c/ Société Télévision par Satellite.
- Paris Commercial Tribunal, judgement of 25 May 1998. SA Canal Plus vs SA France 2.
This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.