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IRIS 2001-6:1/37 [FR] Depiction of a Famous Paris Hotel in a Pornographic Film

In a 1999 decision that has since become famous, the Court of Cassation upheld, on the basis of the law of ownership, the possibility for the owner of an item of property to oppose any commercial exploitation of that item, specifically by means of a photograph. A recent case has enabled the Regional Court in Paris to reach a similar decision. A company had produced and directed a pornographic film, distributed on video cassettes, in which a large part of the story took place inside the Paris hotel Le Crillon; various parts of the hotel were easily recognisable. The name of the hotel was mentioned...

IRIS 2001-6:1/36 [FR] Copyright in respect of a Director Dismissed during Filming

Not many cases are taken in the French courts by film directors against their producers. A recent case has determined the rights of all concerned when the contract between them for the production of a film is terminated. Julien Seri was taken on as a director by the producer Luc Besson, and was subsequently dismissed during filming as his methods of working were considered unsatisfactory. Although he had participated in creating the screenplay and had filmed some of the scenes for the film, he was dismissed and replaced by a different director. Once this director had completed the film, and some...

IRIS 2001-6:1/35 [FR] Comparative Advertising Indicating Prices Charged by an identifiable Competitor

During an advertising campaign, the company Cegetel 7 claimed that its long-standing competitor, the company France Télécom - the identifiable target of its advertisingwas using pricing practices left over from an outdated monopolistic situation that no longer corresponded to reality. France Télécom felt that the campaign constituted unfair competition and infringed the regulations on comparative advertising, and had Cegetel 7 summoned to appear in court to be ordered to put a stop to the disputed advertising, or be fined if it continued. The Court of Appeal in Versailles ordered the defendant...

IRIS 2001-6:1/14 [FR] Loft Story, the French Adaptation of Big Brother, under Investigation by the CSA

A version of the well-known programme Big Brother, which appeared originally in the Netherlands, has now been adapted in France; it consists of filming, 24 hours a day, the lives of 11 single people enclosed in a loft flat for seventy days. The adaptation, called Loft Story, is unquestionably successful, but it has regular brushes with the Conseil supérieur de l'audiovisuel (the audiovisual regulatory authority - CSA). Initially, the CSA made a number of ethical recommendations to the M6 channel that broadcasts the programme, in particular calling on its managers to show the "greatest possible...

IRIS 2001-5:1/24 [DE] Development on the Franco-German “Mini-Treaty”

On 17 May 2001, Germany and France signed a treaty in Cannes on the provision of support for co-produced films (the so-called “Mini-Treaty”), which entered into force on 23 November 2001 (see IRIS 2004-10:Extra). This was the basis for the establishment of a Franco-German co-production fund, which has an annual budget of EUR three million and to which France and Germany have equal access. Since then, the number of Franco-German co-productions has risen considerably. Whereas between 1994 and 1999 the figure was between one and five films per year, it jumped sharply after the signing of the Mini-Treaty....