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IRIS 2002-2:1/15 [FR] Publication of Decrees Laying Down the Obligations incumbent on Future Terrestrially-Broadcast Digital Television Channels (continued)

The decrees laying down the obligations incumbent on the channels operating terrestrially-broadcast digital television in the future were published officially on 29 December 2001. Two of them concern the obligations incumbent on these channels to contribute to the development of the production of cinematographic and audiovisual works. Decree no. 2001-1332 covers the contribution of the editors of television services broadcast terrestrially in analog mode financed in part by payments made by users. Its purpose is to replace Decree no. 95-668 of 9 May 1995 and extend its scope to include the means...

IRIS 2002-2:1/14 [FR] Publication of Decrees Laying Down the Obligations incumbent on Future Terrestrially-Broadcast Digital Television Channels

The decree setting out the general principles concerning the contribution of future editors of terrestriallybroadcast digital television services to the development of the production of audiovisual and cinematographic works, and their obligations in terms of broadcasting European works and original French-language works or advertising has just been published officially (see two other articles on the new decrees elsewhere in this issue). The decree has been eagerly awaited, particularly since the call for applications from candidates for terrestrially-broadcast digital television put out by the...

IRIS 2002-1:1/31 [FR] Copyright Protection for Journalists and the Broadcasting of their Work on the Internet

Whereas companies, journalists and representative unions in press circles are currently concluding agreements aimed at regulating the re-use of work on the Internet, this type of agreement appears to be less common in the audiovisual sector. The courts are therefore sometimes called on to deal with disputes arising from the broadcasting of television news programmes on the Internet (see IRIS 1998-10: 3). On 16 November 2001, the regional court in Strasbourg found against a television channel that was broadcasting audiovisual programmes (television news broadcasts) as it could not produce proof...

IRIS 2002-1:1/30 [FR] Limitation Period for Press Offences on the Internet

In two consecutive decisions, the criminal chamber of the Court of Cassation has given a firm decision on the application of the short limitation period of three months for press-related offences committed on the Internet, and more specially on the matter of determining the date on which the three-month period starts. Judges have for a long time been divided on this, as some of them hold that the act of publication on the network is in fact continuous (see IRIS 2001-1: 13). This was the view adopted by the Court of Appeal in Paris on 15 December 1999 in a case submitted to the Court of Cassation...

IRIS 2002-1:1/15 [FR] Challenge to the Classification of “Audiovisual Work”

On 15 November last year the Conseil supérieur de l'audiovisuel (official regulatory body - CSA) decided to classify the programme Popstars, broadcast on M6 since 20 September, as an audiovisual work, as it considered that this televised reality show - the purpose of which is to select candidates with a view to constituting a pop group - did not fall within any of the categories excluded by the official definition. Article 4 of the Decree of 17 January 1990 (amended) indeed provides a negative definition of an audiovisual work, defining it as a broadcast "that does not fall into any of the following...