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Under Article L 311-1 of the Code de la propriété intellectuelle (French Intellectual Property Code - CPI), introduced by the Act of 3 July 1985, the authors and performers of works fixed on phonograms and videograms are entitled to receive remuneration if their works are reproduced for private use. The Private Copy Commission, instituted by Article L 311-5 of the CPI, is responsible for determining the level of this remuneration and how it is to be paid, according to the type of support and the duration of the recording on it. The amount is normally paid by the manufacturers or importers of recording...

The number of disputes concerning the re-exploitation of agency photographs is on the increase. The regional court in Nanterre recently had to reach a decision in a case concerning the ownership of rights in respect of photographs. On the termination of the contract between a photographer and his agency, the photographer requested the return of all the photographs he had submitted, which the agency (Gamma) refused. The photographer therefore took the case to court and the court had to determine the true owner of the rights concerning the photographs in question - the photographer as their originator,...

The Court of Cassation has just taken note of the decision of the European Court of Human Rights against France 3 last October (see IRIS 2000-9: 3), when the European Court found that the provision contained in Article 2 of the Act of 1931 banning the publication of specific information concerning a court case before the judgment of the court was delivered was contrary to Article 10 of the Convention. The Court of Cassation for its part had always rejected claims based on such incompatibility. Thus on 14 June last year, the criminal chamber of the Court qualified the ban imposed by the Act of 1931...

In a judgment on 26 December, the commercial court of Paris defined - for the first time ever, to our knowledge - the rules for using hypertext links. "Keljob.com", a free employment search engine listing offers of jobs presented on other sites (including that of the company Cadres on line), was charged by the latter with modifying and altering the source codes of its web pages. The Keljob site used hypertext links to present the pages of the site at "cadresonline.com" at a different URL address to that of the site. The company Keljob claimed that there was no rule of law that obliged it to inform...

Current events connected with the posting of disputed messages on the Internet could well force Parliament to make a decision on whether the 1881 Act - and more specifically the three-month prescriptive period referred to in Article 65 of the Act - applies to the web. The Court of Appeal in Paris set the ball rolling on 15 December 1999 by deciding that, on the Internet, the offence of defamation was continuous and that the prescriptive period referred to in Article 65 was never intended to apply to the web. On the other hand, the same court decided on 23 June 2000 that the threemonth prescriptive...