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IRIS 2008-5:1/15 [FR] Report on the Cinema and the Law on Competition

At the end of the mission entrusted to them in September 2007 on relations between the cinema and the law on competition, Anne Perrot and Jean-Pierre Leclerc have submitted their conclusions to the Ministers for the Economy and for Culture. The purpose of the mission was to respond to specific concerns involving cinema theatres, including: the conditions for films being screened in cinemas; fears of a price war, and the debate over cards for unlimited access; the consequences of the Competition Council’s cancellation of part of the good conduct code between operators and distributors; conflicts...

IRIS 2008-5:1/14 [FR] Commission on a New Model of Public Television Submits its “Method Report”

As was previously announced (see IRIS 2008-4: 14), the Commission on a new model of public television instituted by Nicolas Sarkozy and chaired by MP Jean-François Copé submitted an interim report – called a “method report” – on 16 April 2008. Mr Copé stated that both the work involved and the purpose of the commission’s work “was much wider that merely the issues of abolishing advertising and financing”; in fact it involved “inventing a new model for public service television for the twenty-first century, covering its development, its content and its governance”. Recalling the topics of the commission’s...

IRIS 2008-5:1/13 [FR] CSA Overrules Negative Opinion of BVP and Authorises Broadcasting of a Television Commercial

The Bureau de Vérification de la Publicité (BVP) is the self-disciplinary body of the French advertising industry. Its purpose is to “take action in favour of advertising that is honest, truthful and healthy, in the interests of the advertising profession, consumers and the public”, and its members are professionals in advertising. The BVP lays down ethical guidelines with self-disciplinary rules so that advertising sets a good example, beyond the mere application of whatever legislation may already apply. In ensures that these ethical rules are taken into account on a day-to-day basis, more particularly...

IRIS 2008-5:1/12 [FR] Copying of Characteristic Elements of a Television Game and the Exception for Parody

On 5 March 2008, the Regional Court in Paris delivered an interesting judgment in a case concerning the “borrowing” of elements of a television game by another party. The case had been brought by the creator and the producer of ‘Fort Boyard’, the well-known game of tests and adventure that the public channel France 2 has been broadcasting for the past 16 years, for infringement of copyright against Endemol, the producer of the game and reality TV broadcast entitled ‘1re Compagnie’, which was broadcast on TF1 over a period of two months in 2005. They claimed that four minutes of sequences...

IRIS 2008-5:1/11 [FR] Conseil d’Etat Cancels the Conventions of Two Terrestrially Broadcast Digital TV Channels

On the basis of two decisions adopted on 5 March 2008, the Conseil d’Etat has cancelled the conventions and broadcasting authorisations between the music channels broadcast on digital terrestrial television, Virgin 17 and W9, and the Conseil Supérieur de l’Audiovisuel (national audiovisual regulatory authority - CSA) because of the illegality of the definition of the methods for broadcasting audiovisual works and works originally made in the French language. According to the terms of Article 27 of the Act of 30 September 1986, the channels are required to broadcast, “more particularly during peak...