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The court of appeal of Paris has overturned the very recent judgment by the commercial court which found Orange guilty of tied sale practices and unfair competition in its dispute with its competitors Free and SFR (see IRIS 2009-4: 9). The latter complained that the operator, which had spent EUR 203 million on buying exclusive broadcasting rights for premier league football matches between 2008 and 2011, was making subscription to its channel Orange Sports which was broadcasting the matches dependent on taking out a subscription to Orange’s broadband Internet access. Having been ordered in the...

On 6 May 2009 the court of appeal in Paris delivered a notable decision on the first dispute to be submitted to the French courts on the liability of video-sharing platforms. The director and the producer of the film “Joyeux Noël” claimed that the company Dailymotion allowed the film to be viewed using streaming technology despite having been sent formal notice to withdraw the film. The regional court of 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 in respect of the film...

More often than one might expect, basic issues concerning music rights are unknown territory for producers of music works, film composers and musicians. Reading this IRIS plus is a first step towards understanding the complex legal matter. The article starts by explaining the legal position of the film composer, which comprises the questions of who holds copyrights, for how long and what kind. It thereafter focuses on issues around licensing and remuneration including the role of collecting societies. The article then looks at various aspects of piracy: a major concern for the audiovisual industry....

On 8 April 2009 the Conseil d’Etat delivered a noteworthy decision on the matter of the audiovisual media’s treatment of air-time devoted to the French President in the light of the rules on political pluralism. The matter had been referred to the highest formation of the Conseil d’Etat by François Hollande, at that time the leader of the French Socialist Party, and Didier Mathus, a member of the French Parliament and a specialist in audiovisual matters; they called for the cancellation of a decision by the Conseil Supérieur de l’Audiovisuel (national audiovisual regulatory authority - CSA) which...

A new element has been added to the body of jurisprudence being amassed on the liability of video share sites - in the present case, Dailymotion. The producers and directors of three documentaries (“Les enfants perdus de Tranquillity Bay”, “Une femme à abattre”, and “Les années de sang” ), realising that their works were again accessible on the site despite the formal notices that had been issued previously, and an initial withdrawal, brought proceedings against Dailymotion for infringement of copyright. As has now become common practice, Dailymotion claimed in its defence its status as host within...