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The hotly anticipated law on the regulation and protection of access to cultural works in the digital age has been promulgated, six months after it was presented to the Council of Ministers. The text incorporates some of the provisions of the bill on audiovisual communication and cultural sovereignty in the digital age that was tabled by the government in late 2019, examination of which was interrupted by the health crisis. The law has two main objectives. Firstly, in Chapters 1 and 2, it provides for the creation of the Autorité de régulation de la communication audiovisuelle...

Decree no. 2021-1306 of 7 October 2021 sets out the conditions for the application of the intervention measure devolved to the French audiovisual regulator (CSA, now known as ARCOM) under Article 23 of the Law of 30 July 2020 with regard to providers of online public communication services that allow minors to access pornographic content in violation of Article 227-24 of the Penal Code. Incorporated in the Law on Domestic Violence, this provision aims to protect minors from exposure to pornographic content. Therefore, if a provider of an online public communication service is found to be allowing...

Two child protection organisations filed a motion for a summary hearing in the hope that the courts would order France’s largest Internet access providers to take appropriate measures to block access to nine pornographic websites. Their claims were based, firstly, on the provisions of Article 6-I-8 of the Law on Confidence in the Digital Economy (LCEN) of 21 June 2004, and secondly on the provisions of Article 835(1) of the Code of Civil Procedure. They were not, however, based on Article 23 of Law no. 2020-936 of 30 July 2020, which assigns jurisdiction in the dispute to the president of...

On 11 October, following the signature of a similar agreement with audiovisual producers at the Festival de la Rochelle in September, professional authors’ organisations including the SACD, ARP, FAMS and ACID, along with representatives of the cinematographic production industry (API, SPI, UPC), signed, in the presence of the French Minister of Culture, a professional agreement establishing model clauses designed to protect copyright in cinema contracts. This collective agreement provides film authors with the assurance that principles relating to the fixing of their remuneration (proportional...

Two years after the Lsaw of 24 July 2019 (no. 2019-775) was adopted, Europe’s first collective management body dedicated to the management of neighbouring rights of press publishers and agencies was established in France on 26 October. Chaired by Jean-Marie Cavada, a former MEP who was heavily involved in the adoption of the EU Directive on copyright and related rights in the Digital Single Market, the société des Droits Voisins de la Presse (Press Neighbouring Rights Collecting Society – DVP), which was launched on the initiative of the FNPS, SEPM and SPIIL press unions,...