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Act No. 2006-961 of 1 August 2006 on copyright and neighbouring rights in the information society (see IRIS 2006-7: 11) has now been gazetted, after alterations by the Constitutional Council on three points. These covered firstly provisions to take the circumvention of technical devices preventing copying in the context of “interoperability” out of the scope of criminal prosecution, as the Council found the notion too vague and it imposes conditions upon the scope of application of the criminal aspects of the Act (Articles 22 and 23 of the Act). In a similar vein, the Council amended the final...

The Conseil Supérieur de l’Audiovisuel (French audiovisual regulatory authority - CSA) has written to the French Prime Minister asking him to refer to the Conseil d’Etat the matter of applicable law in respect of the Franco-German television channel and the authorities it comes under. Under the terms of the treaty creating the European culture channel, signed on 2 October 1990, which came into force on 11 July 1992, the CSA has no authority over the channel. It nevertheless regularly receives correspondence concerning the channel’s programming, and wished to have its status clarified. On the basis...

On 23 May the Conseil d’Etat delivered its opinion on the way analog broadcasting is to cease. The French audiovisual regulatory authority ( Conseil Supérieur de l’Audiovisuel - CSA) had put the matter to the Conseil d’Etat as the highest administrative jurisdiction in the country to determine whether it could amend or revoke a current authorisation for terrestrial broadcasting in order to carry out the necessary reorganisation of frequencies for the introduction of terrestrially-broadcast digital television (TDT). The reply from the Conseil d’Etat is clear - only the legislator may authorise and...

On 30 June, after a legislative marathon and on the last day of the parliamentary session, the members of both chambers of parliament finally adopted the Act “on copyright and neighbouring rights in the information society” (referred to as the “DADVSI Act”), thereby transposing into national legislation the Directive of 22 May 2001 (see IRIS 2001-5: 3). Despite the Government having made the text subject to the urgent procedure (with a single reading in each chamber), the parliamentary debate, begun last December, has been lengthy, stormy and affected by a number of new developments and protests...

The position of the Court of Cassation on the difficult matter of the applicability of the exception for private copying set out in paragraph 2 of Article L. 122-5 of the French Intellectual Property Code to the downloading of protected works was much awaited. Yet although it seemed to be an ideal opportunity, the Court reversed a court of appeal’s decision which had discharged an Internet user who had downloaded cinematographic works … merely on questions of procedure, leaving the matter still not settled. There was the high-profile decision of the court of appeal of Montpellier (see IRIS 2005-4:...