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Having announced the probable abolition of advertising on public service channels (see IRIS 2008-2: 12), the French President Nicolas Sarkozy has decided to create a commission to develop a new model of public service television. Commission members will include parliamentarians and professionals in the sector, and it will be chaired by Jean-François Copé. Its purpose will be to “propose a new identity for the public sector audiovisual scene in the digital age, and make proposals enabling the Government to draw up the new list of missions and specifications for the France Télévisions group. It will...

The commercial court recently confirmed the trend in jurisprudence (see IRIS 2007-8: 10) in favour of qualifying video share sites as hosts, although it continued to find that they were liable if they put protected works on-line with no filtering, despite having received notification from the economic beneficiaries. In the case at issue, Google Vidéo had been summoned in counterfeit proceedings by the producers of the film “Le monde selon Bush”, following the presence on the site of three links allowing the film to be downloaded or viewed (streaming). Despite a notification from the economic beneficiaries...

On 12 February 2008 the court of appeal in Paris established that a document, the “participants’ regulations”, which had been signed between the three complainants in the proceedings, who were participants in the L’Ile de la Tentation reality TV broadcast, and the production company Glem, a subsidiary of TF1, had constituted a permanent employment contract. The production company held that the concept of the programme, consisting of “filming the day-to-day existence of several couples on a paradise island, to test the strength of their love”, did not involve more than entertainment, excluding any...

In an opinion published on 8 February 2008, the audiovisual regulatory authority ( Conseil Supérieur de l’Audiovisuel - CSA) announced that it was toughening its position on the visibility of cigarette brand names during television broadcasts of motor sport competitions. As an exception to the general principle banning advertising of tobacco products set out in Article L. 3511-3 of the Public Health Code, “television channels may broadcast motor sport competitions that take place in countries where advertising for tobacco is permitted” (Art. L. 3511-5 of the Code). Previously it had been considered...

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...