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It has taken the Government a few weeks to revise its text after receiving a negative opinion from the CSA on 27 September on its draft decree on audiovisual media services (AVMSD) (see IRIS 2010-10/31). The Decree, incorporating a number of the suggestions made by the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA), was published in the Journal Officiel on 14 November 2010. Adopted in application of the Act of 5 March 2009 transposing the AVMS Directive into French law, the Decree lays down three sets of rules: the arrangements for the scheme for AVMS contributing to the...

After four years of discussion, the SACEM and the on-line video site YouTube have announced the signature of an agreement, made public on 30 September 2010. This is the first agreement the site has reached with a French royalties society. The SACEM is a collective management society whose purpose is to represent and defend the interests of writers, writer-producers, comedians, composers and editors of music with a view to promoting musical creation. Its main task is to collect royalties and to redistribute them to the beneficiaries of the works that have been played or reproduced. Under this agreement,...

The Conseil Supérieur de l'Audiovisuel (audiovisual regulatory body - CSA) was asked by the Government for its opinion on the draft Decree on on-demand audiovisual media services (AVMSs); it has now delivered a negative opinion, something it has not done since the beginning of the 1990s. Adopted in application of the Act of 5 March 2009 transposing the AVSM Directive into French law, the aim of the draft decree is to create a specific scheme for on-demand AVMSs (catch-up TV, VoD accessible by subscription or for individual videos), supporting production and promoting European works and works originally...

On 4 October 2010, following the rejection by the Conseil d’État on 14 September of the appeal brought by the access provider FDN against the Decree on HADOPI’s sanctions procedure (see IRIS 2010-9: 1/24), the HADOPI sent out its first warning e-mails to people who had downloaded works from the Internet illegally. The e-mails inform their addressees that they have “failed in their obligation of supervision” (Article 336-3 of the Intellectual Property Code introduced by the HADOPI Act) and remind them of their obligation to ensure that their access to Internet is secure so that it cannot be used...

In February 2010, the French competition authority (Autorité de la Concurrence) did not validate the pooling fund proposed by the national cinematographic centre (Centre National de la Cinématographie - CNC) for financing the digital equipping of cinema theatres (see IRIS 2010-3: 1/23), but proposed the setting up of a new tax to achieve this. The CNC then appealed to the legislator (see IRIS 2010-4: 1/25), announcing that a draft text would soon be submitted to the concertation procedure; this would include the principle of a contribution from distributors as the prime source of financing for...