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IRIS 2001-8:1/15 [FR] “Cable Decree” Amended and Extended to Include Channels Broadcast by Satellite

Adopted on the basis of Article 33 of the Act of 30 September 1986 (as amended), the Decree of 1 September 1992 sets down the obligations incumbent on each category of radio and television services distributed by cable. A decree adopted on 9 July this year amends the text in two ways. The purpose of the first set of amendments is to ensure that the 1992 Decree is compatible with Community law. On 19 April 1999, the European Commission applied to the Court of Justice of the European Communities claiming that French regulations failed to comply with a number of provisions of the "Television Without...

IRIS 2001-8:1/14 [FR] New Decree on Channels' Contribution to Cinema Film and Audiovisual Production

An Act of 1 August 2000 has amended the Freedom of Communication Act of 30 September 1986, and in particular its Articles 27 and 71 on the contribution of channels to the development of cinema film and audiovisual production. The aim was to increase the financing of production by the television channels, reinforce the economic independence of production companies and improve the circulation of cinema film and audiovisual works. The Decree of 9 July 2001 now replaces the Decree of 17 January 1990 adopted on the basis of the 1986 Act. Heading I covers contributions to the development of cinema film...

IRIS 2001-7:1/33 [FR] The Public's Right to Information Does not Override the Principles of the Protection Afforded by Copyright

During an evening news programme, France 2 broadcast a report on an exhibition devoted to Maurice Utrillo in which it showed about a dozen of his paintings in full. The artist's beneficiary claimed that this full representation of the works, without any authorisation having been obtained or even requested, was unlawful, and asked France 2 to hand over a copy of the report in order to calculate the amount of the copyright fees he considered were due. The company refused to do this, maintaining that broadcasting the works in the context of a cultural information report could not give rise to entitlement...

IRIS 2001-7:1/28 [FR] Opinion of the CSA and the CNIL on the Information Society Bill

The Information Society Bill (see IRIS 2001-5: 14) was adopted on 13 June 2001 by the Council of Ministers without any major changes. The Conseil supérieur de l'audiovisuel (the audiovisual regulatory authority - CSA) and the Commission national informatique et libertés (CNIL - National Commission for IT and Civil Liberties), both closely concerned with the subject, have given their opinions on the provisions of the Bill. The length of time during which connection data is retained for investigative purposes remains fixed by the Council of Ministers at a maximum of one year. This very controversial...

IRIS 2001-7:1/17 [FR] Dispute between TPS and Canal+ Goes Back to the National Council on Competition

The dispute between the TPS satellite package and its pay-per-view channel Multivision, on the one hand, and its competitor Canal+ and its Kiosque channel (see IRIS 1999-2: 7; IRIS 1999-7: 8 and IRIS 2000-6: 7) is not over yet. At the beginning of the year, Multivision and TPS had again applied to the Conseil de la concurrence (National Council on Competition), claiming that Canal+ had concluded on 20 May 2000 a general agreement with certain organisations representing the French cinematographic industry. Multivision and TPS considered that the combined effects of the provisions of this agreement...