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In March 2004 the Regional Court of Paris ordered the telephone operator SFR and the advertising agency Publicis to pay the film company Gaumont EUR 300 000 for parasitic conduct as it had run a large-scale advertising campaign that deliberately used elements that were evocative of the film (see IRIS 2004-5: 7). One month later, the two companies appealed against the judgment, as did Luc Besson, whose application to the Courts on the grounds of piracy infringing his moral right as co-author of the film had been dismissed by the Court. On 8 September, the Court of Appeal in Paris delivered a much-remarked...

On 2 June 2004 the press chamber of the Regional Court of Paris delivered a judgment that has attracted particular attention, concerning the right of personal portrayal, by supporting the freedom to communicate ideas that are specially expressed in an artist's work. A photographer had published a book, co-produced in conjunction with a philosopher/sociologist, of unidentified faces photographed in the Paris metro. One of the people photographed complained that he had discovered quite by chance that he was included in the book and had also been used in a film. He claimed that the publication, without...

In May 2002, the European Commission formally asked France to lift its ban on television advertising by the press, the distribution networks and the cinema and publishing sectors introduced by the Decree of 27 March 1992 (see IRIS 2002-6: 13). The Community authorities felt that these regulations, which France held were necessary to preserve the diversity of the press and culture and to protect small shops, restricted the free circulation of services within the Union. In a Decree of 7 October 2003, the French public authorities decided to authorise television advertising for the press, from 1 January...

On 1 July the French Constitutional Council validated all the provisions of the law on electronic communications and audiovisual communication services with no reservations on their interpretation (see IRIS 2004-3: 8). The text transposes into French national law the six Community Directives of the "Telecoms Package". In addition to many changes made to the Post and Telecommunications Code, which is now to be called the "Post and Electronic Communications Code", the law largely amends the Act of 30 September 1986 on audiovisual communication. The missions of the Conseil supérieur de l'audiovisuel...

The ownership of audiovisual rights for sports events and competitions is regulated in France by Article 181 of the Act of 16 July 1984 as amended by the Act of 1 August 2003, according to which "The federations [...] and the organisers [...] own the right to exploit the sports events or competitions they organise." The Decree of 15 July 2004 has now laid down the procedure for the professional leagues to commercialise their audiovisual rights. The text gives them exclusive rights for the commercialisation of all the rights for audiovisual exploitation and broadcasting, either live or recorded...