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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 ‘1^re Compagnie’, which was broadcast on TF1 over a period of two months in 2005. They claimed that four minutes of sequences...

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- CSA) because of the illegality of the definition of the methods for broadcasting audiovisual works and works originally made in the French language.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...

The Conseil Supérieur de l’Audiovisuel (national audiovisual regulatory authority –CSA) has entered the debate on overhauling the relationships between producers and broadcasters, which was launched by Christine Albanel at the end of 2007 (see IRIS 2007-10: 13). The CSA has drawn up a “contrasting” balance sheet of the relationships between producers and broadcasters since 2001, when the Tasca Decrees regulating the production obligations of channels were adopted, and is calling for regulations that are “more straightforward and more lightweight, placing greater importance on inter-profession dialogue...

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...