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Decree No. 2001-1332 of 28 December 2001 lays down the way in which editors of television services broadcast in analog mode by terrestrially-broadcast means, which are funded by payment received from users, are to contribute to the development of the production of cinematographic and audiovisual works. In the context of the relationship between Canal+ and the French cinema, there has been discussion for several months on the renewal of the partnership by adapting it to recent developments in the sector and to the strategic prospects of the channel. The aim was more particularly to confirm Canal+...

On 26 April the Conseil supérieur de l'audiovisuel (audiovisual regulatory authority­ CSA) and the Haut Conseil à l'intégration (council for integration­ HCI) organised a special day entitled "Pale screens?" devoted to considering the representation on television of the diversity of the origins and cultures that make up the national community. Dominique Baudis, Chairman of the CSA, took the opportunity to reaffirm his determination to act in favour of better representativeness of French diversity on television. Mr Baudis said that, although the channels had reflected diversity better over the...

On 21 April 2004, the European Commission announced its decision to refer to the European Court of Justice the six Member States that had still not fully implemented the new regulatory framework for electronic communications into their national law (i.e. Belgium, Germany, Greece, France, Luxembourg and the Netherlands). The new framework was to be implemented by July 2003, but 8 Member States failed to meet this deadline and in October 2003 the Commission opened infringement proceedings against those States (see IRIS 2003-10: 5 and IRIS 2004-2: 4). Proceedings against two Member States, Spain (see...

On 16 May 2004, Belgium’s French Community and the French Republic signed a two-year renewable agreement aimed at supporting the co-production of cinematographic works. This replaces the 1962 agreement on cinematographic relations. According to the agreement, cinematographic works co-produced in accordance with the terms and conditions set out in it are regarded as domestically produced and thus reap the benefits associated with this classification. The conditions for enjoying these benefits are as follows: works must have been approved by each party’s competent authorities (the Centre du Cinéma...

Reality shows on television at least have the merit of raising the question of qualification as an "audiovisual work" under French law, and the relevant definition. This is decisive, as it determines which legal and financial systems apply to the work. However, the difficulty lies in the multiplicity of definitions, each with a separate area of application. Thus, in addition to Article L. 112-2(6) of the Intellectual Property Code, Article 4 of the Decree of 17 January 1990 lays down the general principles for the broadcasting of cinematographic and audiovisual works on television by giving a negative...