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Under Law no. 2020-1266 of 19 October 2020 regulating the commercial exploitation of children under 16 on Internet platforms, which entered into force on 20 April 2021, so-called “child YouTubers” now enjoy the same protection as children in the modelling and entertainment industries, as described in Articles L. 7124-1 et seq. of the Employment Code, as well as specific rights such as the “right to be forgotten”. Before their children are filmed or their videos are disseminated, parents must request an individual licence or approval from the authorities. Their child’s...

An American company, France.com, which had registered the domain name “france.com” in 1994, discovered several years later that a Dutch company had registered various French and EU trademarks under the name “France.com” in 2009. It therefore sued the Dutch company on the grounds that it had registered the marks fraudulently, demanding that it transfer them to it and compensate it for the losses it had suffered. The French state then intervened in the proceedings and the court ruled that the marks should be declared void and the domain name transferred. The economic interest...

Article 38b of the Loi sur la liberté de la presse (Press Freedom Act) of 29 July 1881 prohibits the recording of images of court proceedings, stipulating that “as soon as an administrative or judicial court hearing begins, the use of any device capable of recording or transmitting sound or images is prohibited”. Under Article 1 of the Loi pour la confiance dans l'institution judiciaire (Law on trust in the courts) of 22 December 2021, a new Article 38c created the possibility, by way of derogation from the first paragraph of Article 38b, to record or film civil, criminal...

Under two decrees adopted on 25 February and 10 March 2022, the regulatory part of the French Code du cinéma et de l'image animée (Cinema and Animated Image Code) and Article 2 of Decree no. 90-66 of 17 January 1990 defining cinematographic works within the meaning of the code were amended. The decree of 25 February 2022 modernises the work of the Centre national du cinéma et de l'image animée (National Centre for Cinema and the Moving Image – CNC), safeguards the legal mechanism for the payment of fees for managing the Registres du cinéma et...

The Autorité de régulation de la communication audiovisuelle et numérique (Regulatory Authority for Audiovisual and Digital Communication – ARCOM), as part of its role in promoting and developing the so-called “legal offer” (a list of websites that comply with copyright laws, see Article 331-12 of the French Intellectual Property Code), is encouraged to “develop tools aimed at strengthening the public visibility and indexing of the legal offer and to annually publish indicators listed under a decree.” On 9 March 2022, ARCOM therefore adopted...