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In an Order of 3 July 2000, the Conseil d'Etat (Council of State), the supreme administrative court in France, annulled Communiqué 414 of the CSA (French Independent Broadcasting Authority) of 22 February 2000, which authorised the television advertising of the Internet sites of companies in sectors banned from advertising (press, distribution, cinema, literary works) under the terms of Article 8 of the Decree of 27 March 1992 (see IRIS 2000-3: 12). The Council of State thus upheld the request of professional organisations in the film and radio sectors, which thought that the CSA's decision was...

In an Order of 30 June 2000, the Conseil d'Etat (Council of State) upheld the application by an association which disputed the award of an approval certificate on 22 June by the Minister of Culture and Communication to the controversial film Baise-moi ("Screw me"). The certificate only banned children under 16 from watching the film and stipulated that a warning about the nature of the film should be posted at the cinema entrance and included in all publicity for the film. In accordance with Article 19 of the film industry code, films may only be shown in French cinemas if they have been awarded...

The Court of Appeal in Paris has recently upheld the judgment (see IRIS 1999-5: 3) prohibiting the company which produces the newspaper Le Figaro from making on-line use of articles written by journalists when such use is not provided for in their employment contracts and therefore constitutes infringement of copyright. Initially, the Court stated that by virtue of Article L 131-6 of the CPI (intellectual property code), the transfer clause - which is intended to confer the right to make use of the work in a form not foreseeable or not provided for at the time of the contract being agreedmust...

As the Conseil supérieur de l'audiovisuel (French regulatory body - CSA) agreed at the end of last year to the possibility of renewing the authorisation issued to the channel CANAL+ (an encrypted pay-television service broadcast terrestrially) for a further five years, the channel and the CSA had to negotiate a new agreement setting out the rules applicable to the channel. This was finalised on 29 May. The agreement currently in force has been amended on several points, particularly as regards news ethics and the protection of children and young people. In view of the growing proportion of the...

The Court of Cassation has rejected the appeal lodged by CANAL+ against the judgment delivered against it by the Monopolies Board, upheld by the Court of Appeal in Paris, on abuse of its dominant position in the market for the television rights for broadcasting cinema films (see IRIS 1999-2: 7 and IRIS 1999-7: 8). CANAL+ pre-purchases 80% of the rights for broadcasting full-length film productions of French origin. This financing goes hand-inhand with a clause reserving exclusive broadcasting rights for the films by a pay-TV channel for one year following the twelve months after its first showing...