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IRIS 2009-9:1/15 [FR] Conditions for Copyright Protection of a ‘Bible’ for a Television Broadcast

Since the issue of the protection of projects for television broadcasts is highly casuist, each case where it is raised is worthy of interest. Recently, the regional court in Paris was required to pronounce on the originality of the ‘bible’ for a television broadcast entitled Le Supermarché (the supermarket), devised by a couple of star presenters, which had as its theme inviting a celebrity to fill a supermarket trolley with items reflecting his or her character. The rights for using the programme were sold to a company which refused to pay in respect of the production and broadcast of a further...

IRIS 2009-9:1/14 [FR] Qualification of Video Games as Complex Works

On 25 June 2009 the Court of Cassation delivered an important judgment on the much debated issue, in terms of both doctrine and case law, of the legal qualification of video games. A video game incorporates both software and audiovisual elements, alongside other elements (music, text, etc) that are covered by copyright under common law. This raises the question of its qualification, as a unit or in terms of distribution, as each of these elements has been subject to a different scheme. The only legal definition under French law is given in relation to tax, and opts for qualification as software...

IRIS 2009-9:1/4 European Commission: Commission Investigates State Aid for France Télévisions

The European Commission has opened an investigation into the long term State aid mechanisms proposed by the French authorities for the funding of France Télévisions, the largest French broadcasting group. France initially gave notice to the Commission of its intention to pay a subsidy for that year in January 2009, while in May the French authorities signalled their plan to introduce the multi-annual funding mechanism. The mechanism consists of funding from the public service broadcasting contribution and an annual subsidy, and forms part of the far-reaching reforms of the public service broadcasting...

IRIS 2009-8:1/19 [FR] New Principle of Pluralism for Speaking Time for Politicians on Radio and Television

Taking note of the decision made by the Conseil d’État on 8 April 2009 (see IRIS 2009-5: 14), the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) adopted on 21 July 2009 a new "principle of pluralism" that will govern the balance in regard to the proportion of speaking time for politicians on radio and television. Starting on 1 September, this principle will replace the so-called "three thirds" rule (government, majority, and opposition), in force since 1969, which excluded the Head of State for the purpose of the calculation. As a result, the total speaking...

IRIS 2009-8:1/18 [FR] Agreement on Media Chronology Signed

Article 17 of the Act on 'Creation and the Internet' ("HADOPI") of 12 June 2009 encouraged the conclusion of an inter-profession agreement on reorganising media chronology in the months following its promulgation (see IRIS 2009-7: 13). This is the part of the Act that aims, at the same time as combating piracy, to develop the legal offer of films. After complex negotiations carried out under the auspices of the National Cinematographic Centre (Centre National de la Cinématographie - CNC), the agreement on reorganising media chronology was finally signed within the short amount of time allowed by...