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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...

The purpose of media chronology is to establish a minimum period between showing a feature film in a cinema and using it in other ways, particularly in video form. Thus, in compliance with Article 1 of the Decree of 4 January 1983, no feature film shown in a cinema may be used in the form of supports intended for sale or rental for private use by the public, particularly in the form of video cassettes and video discs, within a period of one year from the issue of the authorisation of exploitation. It is accepted that this provision should apply to the DVDs currently available commercially. In practice,...

The judgment delivered on 28 September 2000 by the Court of Appeal in Versailles will add further fuel to the debate which has been going on for a number of years on the scope of the legal licence for using commercial phonograms. In the initial proceedings (see IRIS 1998-2: 6), the Regional Court in Nanterre delivered a judgment in this case between the musician Johnny Clegg and his producers, and the company TF1 on 5 November 1997. At the same time, the Court of Appeal in Paris had already delivered a judgment in another case involving the same occurrences and had found the television company...