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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...

It will be recalled that the producers of the hit film “The Chorus” ( “Les choristes” ) brought a case against half a dozen major advertisers (Voyages-sncf.com, AOL France, Neuf Cegetel, Telecom Italia, etc) who were advertising on peer-to-peer sites alongside links giving access to the unlawful downloading of the film (see IRIS 2006-8: 14). The film’s producers had brought them to court, rather than the actual peer-to-peer sites, the advertising agencies or the Internet access providers (IAPs), on the grounds that the advertisers were promoting the unlawful availability of a cinematographic work...

In 1993, Télévision française 1 SA, owners of the private French television network TF1, lodged a complaint with the European Commission alleging, inter alia, that the repayment of the audiovisual licence fee by France to the French public service broadcasters, France 2 and France 3, constituted illegal state aid. On 10 December 2003, the Commission issued Decision 2004/838/EC, dismissing TF1’s claim, concluding that the financing scheme was indeed compatible with the rules of the common market, according to Article 86(2) EC Treaty (see IRIS 2004-2: 4), and including a number of recommendations...