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Clown fish can sometimes be real sharks! That seems to be the only conclusion to be drawn from the lawsuit brought by the French company publishing an illustrated children's book entitled Pierrot le poisson clown (Pierrot the clown fish) against the companies Walt Disney, Pixar and Disney Hachette Edition. The former, claiming copyright in respect of its book and ownership of the semi-figurative trade name Pierrot le poisson clown, brought its case against the latter under the urgent procedure and then on the merits of the case when the film Finding Nemo came out. The Regional Court of Paris, deliberating...

In a much-noted decision adopted on 27 April, the Court of Appeal in Paris deliberated on the legality of using technical means to prevent the copying of protected works (anti-copying device on a digital medium) in view of the private copy exception. The original case had been brought by a private individual, backed by a consumer group, who complained that he had not been able to make a video copy of the DVD of the film Mulholland Drive because the digital medium included technical protective devices that were not clearly indicated on the box. In support of their case, the applicants claimed that...

The European Commission has formally closed procedures under EC Treaty State aid rules (article 88) probing into the financing mechanisms of public service broadcasters in three Member States. Italy, France and Spain have been the object of the Commission's scrutiny since the end of 2003. Its main concern was to ensure that no market distortion could arise from state aid granted to national broadcasters entrusted with the fulfilment of a public service mission. In its 2001 Communication on applying state aid rules to public service broadcasting, the Commission has clarified both what is to be defined...

The Act of 6 August 2004 amending the Act of 6 January 1978 on information technology and data protection introduced a new Article 9-4 that enables the companies that collect and manage royalties and related rights and bodies that defend the profession's interests to process personal data relating to infringements, and more particularly those covered by the CPI (Code de la propriété intellectuelle - French intellectual property code). Under Article 30 of the original Act, this was not previously allowed. As the Constitutional Council recalled, the declared purpose of the new provision is to promote...

On 22 March 2005 the CSA (Conseil supérieur de l'audiovisuel - audiovisual regulatory body) issued a recommendation to all radio and television services regarding the referendum on the European Constitution to be held on 29 May 2005. The recommendation applies from 4 April until the day of the referendum, and refers mainly to news in connection with the referendum. It recalls that audiovisual services must ensure that "political parties or groupings enjoy equitable presentation and broadcasting access". 'Equitable" does not mean 'equal'; strictly equal treatment of candidates is only required by...