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The final decree reforming the regulations of the audiovisual sector was published in the Official Journal on 6 February (for the previous decrees, see IRIS 2002-2: 8). The decree lays down the scheme applicable to cable and satellite channels and sets out all the corresponding provisions applicable to them, in particular the broadcasting of advertising, their contribution to the development of production and the scheme for broadcasting audiovisual works (original French-language works, works not shown previously, independent production, etc). It states in particular that "the maximum time devoted...

The scope of the statutory licence instituted by Article L. 214-1 of the Code de la propriété intellectuelle (French intellectual property code - CPI) still requires interpretation by the courts. It provides that "where a phonogram has been produced for commercial purposes, the performer and the producer may not oppose (...) its being broadcast (...)". In the present case, the radio station Europe 2 had produced and broadcast a duet that it had dubbed a "virtual duet", comprising excerpts from the phonogram of the performance of a song by Serge Gainsbourg (Je suis venu te dire que je m'en vais)...

After the question of the definition of what constitutes an audiovisual work (see IRIS 2002-1: 8), it was the turn recently for the qualification as a cinematographic or audiovisual "original French-language work" and "European work" to benefit from a number of clarifications. In the case in hand, the CSA had refused this qualification for a full-length animated film based on The Diary of Ann Frank that used images from an animated film produced in Japan. The producer of the disputed film had made over the exclusive television broadcasting rights to the Canal + channel subject to the film being...

When it categorised the programme "Popstars" as an "audiovisual work" (see IRIS 2002-1: 8), the CSA decided to embark on a wider consideration, reaching beyond this specific case and involving creators, producers and broadcasters, on the question of the relevance of the present definition of an audiovisual work in the light of new concepts for programmes. It has therefore just posted a public consultation on its Internet site, launching a call for observations and hearing the main parties concerned, as well as the Directorate for the Development of the Media and the French national cinematographic...

In the context of the regulations adopted recently with a view to the launching of digital terrestriallybroadcast television, Decree no. 2001-1331 of 28 December 2001 has now extended the scope of the decree of 27 March 1992 "laying down the general principles for the scheme applicable to advertising and sponsorship" to all television services however they are broadcast (analog or digital, unencrypted or onpayment from users). It is intended to apply also to services other than television services broadcast terrestrially in digital mode (cable, satellite, encrypted channels). A new Article 15-1...