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IRIS 2006-10:1/18 [FR] Unremunerated Exploitation of a Television Presenter’s Personality Rights

In a judgment delivered on 28 September, the regional court in Paris ordered the production company of a popular television programme (“C’est mon choix”) to pay damages to its presenter, Evelyne Thomas, for having broadcast 62 broadcasts from the previous season over the summer of 2004 without her authorisation. Ms Thomas was an employee of the company until June 2003, when she created a company to “manage, exploit and promote the image, on any media, of Ms Evelyne Thomas”. In July 2003 the two companies concluded an agreement under which Ms Thomas’s company would be entitled to receive payment...

IRIS 2006-9:1/13 [FR] CSA Opinion on Draft Legislation on the Television of the Future

As the Autorité de Régulation des Communications Électroniques et des Postes (regulatory body for electronic communications and postal services - ARCEP) had done a few days earlier, and bolstered by the recommendations issued by the Conseil d’Etat (see IRIS 2006-7: 12), on 11 July the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory body - CSA) issued its opinion on the Bill concerning “the modernisation of audiovisual broadcasting and the television of the future”. While the CSA approved the main points of the Bill, it said it was “guided mainly by the observance of pluralism” and, in...

IRIS 2006-9:1/12 [FR] CSA Looks to the Protection of Minors

According to Articles 1 and 15 of the Act of 30 September 1986, as amended, one of the duties of the Conseil Supérieur de l’Audiovisuel (audiovisual regulatory body - CSA) is to guarantee the protection of children and young people in respect of programmes that are broadcast. On 04 July 2006, as part of this mission, the CSA set up a framework for the presentation and promotion on television (apart from cinema channels and pay-per-view schemes) of cinematographic or audiovisual works and their spin-off videograms, video games and telephone and telematic services and Internet sites to which minors...

IRIS 2006-8:1/22 [FR] Green Light for Merger of TPS and CanalSat Satellite Packages

On 31 August the Minister for the Economy and Finance gave the go-ahead for the merger of the two satellite television platforms CanalSat and TPS. 65% of the new group, to be called “Canal + France” initially, will be held by the Canal + Group, 20% by the Lagardère Group, 9.9% by the TF1 Group, and 5.1% by M6. It will have almost ten million subscribers. The Minister based his go-ahead on the opinions of the audiovisual regulatory body ( Conseil Supérieur de l’Audiovisuel - CSA) and the fair competition board ( Conseil de la Concurrence ); the latter felt that the merger responded to “a certain...

IRIS 2006-8:1/21 [FR] Six Advertisers Accused of Complicity in Infringement of Copyright on Peer-to-peer Sites

Can a number of major advertisers (SNCF, AOL France, 9 Telecom, La Française des Jeux, etc) advertising their own products or services on peer-to-peer sites on which downloading is being offered be considered accomplices in the infringement of copyright in respect of the works that are downloaded? That was the question at the heart of the legal proceedings brought before the higher regional court of Paris by the co-producers and the director of the hugely successful film “The Chorus” (8.5 million tickets at the box office in 2004, and 1400 downloads per day on the eDonkey site in September 2004)....