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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...

For the first time to our knowledge, the Courts have pronounced on the legal status of e-mail correspondence. The dispute was between a research student in a laboratory, and the director and two IT network administrators at the laboratory, charged with having violated the privacy of correspondence by reading the student's e-mail correspondence without his knowledge. The defendants claimed that e-mail messages could not have the benefit of the rules of confidentiality enjoyed by postal correspondence since these messages, which were unencrypted, were entrusted to intermediary servers which carried...

In response to a claim brought by a consumer protection association, the company Canal Satellite (which markets a range of services and broadcasts digital television channels by satellite to its subscribers) has been ordered by the Regional Court of Paris to delete a number of clauses which were considered abusive from its subscription contract. According to the terms of Article L 132-1 of the Consumer Protection Code, clauses in contracts concluded between professionals and non-professionals or consumers are deemed to be abusive if their purpose or effect is to create a significant imbalance to...

The Conseil supérieur de la propriété littéraire et artistique (Higher Council on Literary and Artistic Property), announced by Lionel Jospin in January 1999, has just been instituted by decree and should be set up before the end of the year, for a period of six years. The Higher Council's mission is to advise the Minister for Culture and Communications; the Minister will give it an agenda and it must make proposals and recommendations on literary and artistic property. It is also to act as an observatory for the exercise and respect of copyright and neighbouring rights, monitoring the evolution...

On 20 September, the French Minister of Foreign Affairs notified the Secretary General of the Council of Europe of the objection of the French Government to the automatic entry into force of the Protocol amending the European Convention on Transfrontier Television. The Protocol in Article 35, paragraph 2, foresees its entry into force following the expiry of a period of two years after the date on which it has been opened for acceptance (i.e., 1 October 2000; for more information on the Protocol see IRIS 1998-9: 4). However, those States or the European Community which expressed their consent...