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On 1 February 2010, the competition authority (Autorité de la Concurrence) delivered its opinion on the support arrangements being proposed by the national centre for cinematography (Centre National de la Cinématographie - CNC) for financing the digitalisation of cinema theatres. Until now, this cost has been shared between operators, who bear the cost of the investments, and distributors, who mainly reap the benefits of digitisation. They then pass on to the operators part of the savings they have achieved, through private “third-party investors”, thereby enabling them to finance some of their...

The Conseil d’Etat has just delivered an extremely interesting decision on an issue that, to our knowledge, has given rise to few disputes. A television channel that had retransmitted live without authorisation a programme on the debates between the Socialist Party’s candidates for the presidential election being broadcast on the parliamentary channel had been ordered by the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) to comply in future with the terms of Article 2-2-3 of its agreement, according to which the editor is required to comply with France’s legislation on intellectual...

In an order delivered under the urgent procedure on 16 February 2010, the Conseil d’Etat has suspended the two decisions by the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) ordering Canalsat to revise the numbering in its offer of the channels NRJ 12 and BFM TV (see IRIS 2010-2: 1/18). It will be recalled that the two channels are numbered 12 and 15 respectively in the “logical numbering” for DTV drawn up by the CSA, and that they wish to keep the same numbers on all the broadcasting media. They had turned to the CSA as they felt they were being disadvantaged by their...

In a decision on 11 February 2010 the Conseil d’Etat cancelled the letter from the Minister for Culture and Communication of 15 December 2008 calling on the Chairman of France Télévisions to stop marketing advertising space on the group’s channels between 10 p.m. and 6 a.m. “in accordance with both the spirit and the letter of the legislative reform in hand”. The letter was issued at a time when the bill on reforming the audiovisual sector, directed mainly at abolishing advertising on public service television, was pending: the Act had only passed through the National Assembly on its first reading,...

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,...