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The “Creation and the Internet” mission, chaired by Mr Zelnik, COE of the ‘Naïve’ music label, aimed at improving the legal offer on-line, reported back to the Minister for Culture (see IRIS 2010-1: 1/23) on 6 January 2010. The purpose of this cooperation with the professionals in the sector is to respond to the demand for financing the cultural industries, reaching beyond the educational and repressive aspects of the ‘HADOPI’ legislation. After hearing from about a hundred professionals in the sector, the report’s signatories say they are convinced that the method adopted until now by the Government,...

The issue of the numbering of channels in the programmes offered by service distributors is keeping the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) on its toes. It will be remembered that the CSA received fourteen applications from new digital terrestrial television (DTT) channels in 2006 for the settlement of differences concerning their numbering on cable and satellite distribution networks. In the light of these disputes, the CSA had adopted on 24 July 2007 a deliberation defining the general rules on the matter (see IRIS 2007-7: 13), which was incorporated in Article...

The Conseil d’Etat has issued a pronouncement on the legality of the decision by the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) in July 2007 to approve the application for a change of name submitted by the Lagardère Group, further to concluding a licence agreement with the holder of the Virgin brand name, to re-name its Europe 2 radio station Virgin Radio and its Europe 2 TV DDT television channel Virgin 17 (see IRIS 2007-8: extra). The radio station’s competitors called for the cancellation of both the authorisations for the services issued by the CSA on the grounds...

The Court of Cassation has just delivered an eagerly awaited and noteworthy decision, pronouncing for the first time on the matter of the qualification - and hence the corresponding scheme of liability - of a service “hosting” personal websites on the Internet. The dispute was one of infringement of copyright, initiated by two famous strip cartoon editors against the company Tiscali (Telecom Italia), when they discovered that the entire adventures of Lucky Luke and Blake & Mortimer were being reproduced on personal websites operated by the IAP in question. Since the case originated before Directive...

On 10 June 2009, the Constitutional Council found that the power to suspend access to the Internet as punishment for the illegal downloading of works, as voted in the context of the “HADOPI” Act, could not be conferred on an independent administrative authority, in this case the high authority for the circulation of works and the protection of rights on the Internet (Haute Autorité pour la Diffusion des Oeuvres et la Protection des Droits sur Internet - Hadopi) (see IRIS 2008-10: 10 and IRIS 2009-7: 12). The powers of the Hadopi, according to the original legislation, would lead to a restriction...