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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)....

In a judgment of 17 February 2010, the Court of Cassation ruled on the issue of the liability of video-sharing platforms for the first time. The case is well known: the director and producer of the film “Joyeux Noël” had taken legal action against Dailymotion, accusing the platform of allowing the film to be viewed using streaming technology despite having been sent formal notice to withdraw the film. The regional court in Paris had found in favour of the rightsholders on 13 July 2007 and held the company Dailymotion, categorised as a host service provider, guilty of infringement of copyright (see...

Following on from the Decree of 12 November 2010 (see IRIS 2011-1/26), the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) has adopted a deliberation on the protection of young people, ethical rules, and the accessibility of programmes on on-demand audiovisual media services established in France. Article 15 of the Act of 30 September 1986 gives the CSA responsibility for protecting young people, and requires it to ensure the implementation of all possible means adapted to the nature of on-demand audiovisual media services. The development of a method of consumption that...

The Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA), meeting in plenary assembly on 7 December 2010, fined France Télévisions EUR 100 000, to be paid into the fund to support audiovisual and cinematographic production, for France 2 failing to observe the rules of ethical conduct in the provision of information. On 1 October 2009, in its lunchtime news programme, the channel broadcast an item on subsequent offences by sex offenders during which a named child was twice wrongly presented as having died in an attack. The public service channel had already received formal notice...

The original nature of the screenplays for two successful French films has recently been contested in court. The first was the screenplay for “Outlaws” (original title “Hors la Loi”), a film by Rachid Bouchareb presented at the Cannes Film Festival in 2010, which relates the involvement of Algerians living in France in the war of independence through three brothers who adopt the different attitudes of Algerians. The co-writers of another screenplay, entitled “Sparring Partners”, called for a ban on showing the film and claimed damages to compensate for the prejudice they felt they had suffered...