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IRIS 2008-3:1/17 [FR] Bill on Combating Internet Piracy Looking more Definite

The Minister for Culture, Christine Albanel, seems to be determined to implement the agreement resulting from the “Olivennes Mission” signed on 23 November 2007 on the cultural offer and combating piracy on the Internet (see IRIS 2008-1: 12). Ms Albanel referred to the new details of the bill using the “graduated response” in her inaugural speech at MIDEM 2008 (the trade fair for music professionals held in Cannes at the end of January). Confirming that the fight against mass piracy was going to undergo changes in its logic, she recalled that this would henceforth include a preventive stage and...

IRIS 2008-3:1/16 [FR] Copyright Protection for the Title of a Television Programme

Can a television programme be protected by copyright? This was the relatively conventional question raised at the regional court in Paris. In the case at issue, the applicant had submitted to a production company a project for broadcast in short format for a series using characters aged between 25 and 30 talking on the telephone, called “Allo? T’es où?” (‘Hello? Where are you?’). On discovering that the company, without following up the submitted project, was scheduling a series of 50 episodes entitled “Allo T où”, to be broadcast on TF1, the party concerned accused the company of infringement...

IRIS 2008-2:1/18 [FR] Directions for Modernising Relations between Producers and Broadcasters of Audiovisual Material?

Christine Albanel, Minister for Culture and Communication, has received an interim report on the mission entrusted to Mr Kessler and Mr Richard on modernising the regulation of relations between the producers and broadcasters of audiovisual material (see IRIS 2007-10: 13). The background to this is that the Government is particularly keen to overhaul the “Tasca” decrees adopted in 2001 and 2002, which make the channels subject to quotas, requiring them to devote 16% of their turnover to audiovisual works, two-thirds of which must be commissioned from producers independent of the channel. At the...

IRIS 2008-2:1/17 [FR] An End to Advertising on Public Channels

At a press conference on 8 January 2008, the French President, Nicolas Sarkozy, made an announcement that received great attention, when he said that he was considering bringing an end to all advertising on the public channels (France 2, France 3, France 4 and France 5). His comment was that “if the public-service channels operate according to the same criteria, the same demands and the same logic as the private channels, then there is no point in having a public service”. The public-service channels are financed by a licence fee (EUR 116 per household in mainland France in 2007) and advertising....

IRIS 2008-2:1/16 [FR] Difficulties in the Interpretation of a Contract for Distributing TV by Satellite

The theme channel Fox Life, launched in France in 2005 with programming focused on films, fiction programmes and series, is, since the end of 2007 and the conclusion of a legal battle, no longer being distributed by CanalSatellite, the only French satellite package since its merger with TPS in early 2007. The dispute mainly concerned the duration of the channel’s distribution contract, because of the contracting parties’ diverging interpretations of a letter appended to the contract. According to the contract, it was to be valid for an initial period of two years, i.e. until 30 April 2007, and...