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IRIS 2011-4:1/26 [FR] CSA Adopts Report on Access to Audiovisual Media by Associations

Access to the audiovisual media is important for associations and the causes they defend, as they are able in this way to make their action more widely known and, for those that appeal to public generosity, to make potential donors more aware of the issues involved and persuade them to donate. In 2009, in the run-up to the Téléthon (a programme lasting several hours organised by the French association to combat myopathies (Association Française contre les Myopathies), the aim of which is to collect funds), there was some discussion on the place that a cause defended by a specific association could...

IRIS 2011-4:1/25 [FR] TV Reporter Convicted of Provocation of Racial Hatred

Speaking in March 2010 in a television debate on the integration of immigrants, a reporter said, “Why are these people getting their ID checked so often? Why? Because most traffickers are Blacks and Arabs - that’s just the way it is, it’s a fact.” He was prosecuted after complaints were made by a number of anti-racism associations on the grounds of racial defamation and provocation of racial hatred. Article 32 (2) of the Act of 29 July 1881 on the freedom of the press lays down a sentence of one year’s imprisonment and/or a fine of EUR 45,000 as the penalty for public defamation committed “in respect...

IRIS 2011-4:1/24 [FR] What Scheme of Liability Applies to Google Vidéo?

Google has suffered a serious setback, with the court of appeal in Paris delivering four judgments on 14 January 2011 ordering the major Internet player to pay more than EUR 500,000 in damages to various film production companies. These companies had complained that their films were being broadcast in their entirety free of charge via Google Vidéo (the films at issue were two documentaries on the Clearstream case, another on the Armenian genocide, and the feature-length film ‘Mondovino’), even though their withdrawal had previously been requested. Although Google had withdrawn them, the films were...

IRIS 2011-3:1/20 [FR] Changes to Regulations on Financial Support for the Cinematographic Industry

With the publication of the Decree of 4 February 2010 and the four Orders amending the regulations on financial support for the cinematographic industry, the “Club of 13” has seen its efforts rewarded. The group of thirteen celebrities in French cinema circles, formed in 2008 on the initiative of the director Pascale Ferran, had drafted a report entitled Le Milieu n’est plus un pont mais une faille ("The middle ground is now a fault line rather than a bridge"), denouncing the increasing difficulties in financing and distributing "middle of the road" films in France, i.e., films occupying a position...

IRIS 2011-3:1/19 [FR] Court of Cassation Upholds Acquittal of Advertisers on Peer-to-peer Sites

In a judgment delivered on 11 January 2011, the court of cassation rejected the appeal brought by the director and producers of the successful film Les Choristes (‘The Choir’) against the judgment of the Paris court of appeal delivered on 25 March 2009. In doing so the court of cassation upheld the acquittal of the advertisers (Free, SFR, Voyages-SNCF, etc.,) on a number of peer-to-peer sites which had been taken to court by the rightsholders on the grounds of complicity in infringement of copyright. The rightsholders accused them of participating in the financing of illegal sites (see IRIS 2006-8/21)....