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IRIS 2008-6:1/14 [FR] Announcement of Draft Legislation on the Cinema before the End of 2008

At the meeting of the French Government's Council of Ministers on 14 May 2008, Christine Albanel, Minister for Culture and Communication, presented a communication on policy in support of the cinema. Although France occupies third place in the world and first place in Europe as a film-producing country, and despite a series of historic records (record for cinema attendance to see the French film “ Bienvenue chez les Cht’is ”, three Oscars won in Hollywood, record for investment in French films), the sector nevertheless needed to prepare itself to deal with such challenges as entering the Internet...

IRIS 2008-6:1/13 [FR] Competition Council Makes Pronouncement on an Exclusive Agreement for Catch-up TV

Catch-up TV, which enables a viewer to watch on-demand content broadcast previously on a channel's ordinary network, has developed considerably in recent months. Initiated by Arte (with Arte +7), catch-up TV was also adopted in March by M6 (M6 Replay) and Canal Plus (Canal Plus on demand), and will be available, from 26 May 2008, for Orange television subscribers (TV using ADSL), under the terms of a partnership signed by Orange (France Télécom) and France Télévisions, which will give Orange subscribers exclusive rights to watch, or watch again, at any time during a 15-day period, the main programmes...

IRIS 2008-6:1/12 [FR] Regional Court in Paris Confirms Host Status of Dailymotion

On 15 April 2008, the 3rd chamber of the Regional Court in Paris delivered two noted decisions in two very similar disputes (even down to the wording of the judgments), between comedians (Jean-Yves Lafesse; Omar et Fred) and Dailymotion, on the grounds that extracts from videos of their sketches had been made available on its video-sharing platform. Once again (see IRIS 2008-4: 13 and IRIS plus 2008-5) the question arose concerning the uncertainty of the border between editor and host and of the scheme of liability of video-sharing sites in the event of the unlawful exploitation of audiovisual...

IRIS 2008-6:1/11 [FR] Dispute over Commercial – CSA Position Upheld by the Courts

The courts have finally intervened in the "opposition" debate between the Bureau de Vérification de la Publicité (advertising regulatory board – BVP) and the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority – CSA) over the commercial for the sale of medicines not refunded under the health service in Leclerc hypermarkets (see IRIS 2008-5: 8). Disregarding the BVP's negative opinion, the CSA had authorised the broadcasting of the commercial in which the chain of hypermarkets, noting that the increase in the prices of medicines sold in chemist's dispensing shops that were not refunded...

IRIS 2008-5:1/32 User-Generated Content Services and Copyright

There is a lot to learn about the Internet, especially for those generations who still grew up without broadband connections and Wi-Fi technology. Let’s take the example of DailyMotion, a video hosting service website. Whether deliberately or accidentally, its name does not only point to its ever changing pools of content and users but it also symbolises a technology that develops at great speed and sets its users into motion. It invites active participation from those who used to be passive customers. To be blunt, services such as DailyMotion depend on consumers’ contribution – that is, on user-generated...