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The documentary entitled “To Be and To Have” (Etre et Avoir), first shown in 2002 and devoted to a single-class rural school, has not only made a name for itself in French cinema history - it has also contributed to making legal progress! After the courtroom saga between the main character in the film, the teacher Mr Lopez, who denounced “infringement of copyright by the non-authorised exploitation of his rights as an author and performer, as well as infringement of his exclusive rights in respect of his image, his name and his voice”, has taken the matter as far as the court of cassation in order...

In a decision of 17 June 2011, the Conseil d’Etat (Council of State) revoked the application of private copying levies to products acquired for professional purposes. Under Article L. 311-1 of the Intellectual Property Code, which transposes Directive 2001/29/EC, the authors, performers and producers of works fixed on phonograms or videograms are entitled to compensation for the reproduction of their works for private copying purposes. Authors and producers of works fixed on any other media for their reproduction for private copying purposes on a digital recording device are also entitled to the...

Drawing conclusions from the first year of the application of the Act of 12 May 2010 organising an opening up of competition for online gambling, and taking documented practice into consideration, the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) has issued a new recommendation on the conditions for radio and television stations broadcast of advertising for operators of gambling and games of chance. Article 7 of the Act of 12 May 2010 leaves the CSA the job of determining the conditions for broadcasting advertising, sponsoring, and product placement in favour of operators...

The Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) sent a “serious warning” to the channel Canal+ Sport further to the repeat showing on 8 November 2010, between 12 noon and 6 p.m., of the broadcast of a tennis match during which the name of a brand of beer appeared 195 times for an aggregate time of 24 minutes, 34 seconds, contrary to the ban on all advertising or promotion of alcoholic beverages provided for in Article L. 3323-2 of the Public Health Code and Article 8 of the Decree of 27 March 1992. The CSA also found fault with the channel that the bank partnering the...

On 27 April 2011 the court of appeal in Paris rejected the appeal brought by the M6 group against the company operating the TV-replay.fr site, an online guide to catch-up TV sites that offers summaries and links to the programmes of most of the major French channels that are available as catch-up TV. In doing so, the court upheld the judgment delivered in the initial proceedings (see IRIS 2010-8/29). The television group, which operates the channels M6 and W9 together with their catch-up TV services M6replay and W9replay, complained more particularly that TV-replay.fr was providing direct access...