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IRIS 2007-9:1/16 [FR] Discussions involving Broadcasting Rights for the Rugby World Cup

The Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority - CSA) was asked this summer for its opinion on the draft regulations drawn up by the company Rugby World Cup Limited (RWC), the organiser of the rugby World Cup, on “the conditions for stadium access for representatives of written and audiovisual information companies during the competition”. Article L. 333-6 of the Sport Code provides the framework for access to sports venues by journalists and television professionals. The first paragraph lays down the principle of free access by all journalists to sports venues “subject...

IRIS 2007-9:1/15 [FR] Public Funding for the Cinema Is only Available for European Productions

In a decision delivered on 6 July, the Conseil d’Etat upheld the position adopted by the administrative court of appeal (see IRIS 2005-1: 13) according to which the film “Un long dimanche de fiançailles” could not claim the financial support granted by the Centre national de la cinématographie (National Cinematographic Centre - CNC). Regarding the background to this case, on 23 October 2003, the CNC gave its approval to the company 2003 Productions for the new full-length film by Jean-Pierre Jeunet, the director of the famous “Amélie Poulain". However, an association and a syndicate of independent...

IRIS 2007-8:1/42 [FR] Commotion over a Radio Station’s Change of Name

Last March, the Lagardère group, which has owned the Virgin Megastore shops in France since January 2001, asked the audiovisual regulatory authority ( Conseil Supérieur de l’Audiovisuel - CSA) to approve the renaming of its Europe 2 radio station and its TNT channel Europe 2 TV as “Virgin”. The group wanted to use this to rejuvenate and boost its audiences. On 17 July, the CSA gave its approval, but laid down a number of conditions. Firstly, the regulatory authority prohibits any direct or indirect influence on the editorial line adopted by Virgin Radio and Virgin 17 (the channel’s number on the...

IRIS 2007-8:1/39 European Court of Human Rights: Case of Hachette Filipacchi Associés (Paris-Match) v. France

Shortly after the Prefect of Corsica, Claude Erignac, was murdered in Ajaccio in February 1998, an issue of the weekly magazine Paris-Match featured an article entitled “ La République assassinée ” (The murdered Republic). The article was illustrated by a photograph of the Prefect’s body lying on the road, facing the camera. The widow and children of Prefect Erignac sought injunctions against several companies, including the publishing company of Paris-Match , Hachette Filipacchi Associés. They contended that publication of the photograph of the bloodied and mutilated body of their relative was...

IRIS 2007-8:1/18 [FR] Evaluation of Infringement of Trademark in Respect of a Brand Name Belonging to a Television Channel

On 30 May 2007, the court of cassation delivered an important decision on trademark law in a dispute between two television companies. The case involved the company Paris Première, which operates a channel of the same name, and since 1995 has owned a semi-figurative brand name consisting of the name "Paris Première" on a rectangular background in a black band beneath an orange-coloured band, used to designate the broadcasting and production of television programmes and the operating of channels or programmes. The company had previously failed, before the court of appeal, in the case it had brought...