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The Cour de cassation handed down a judgement on 24 February 1998 which is going to prolong the debate on the very sensitive issue of musical works used in sound tracks for advertising or self-promotional commercials on television. IRIS reported on the most recent case law in its February 1998 issue (see IRIS 1998-2: 6). The present judgement delivered by the High Court asserts that, as things stand legally, the use of extracts from musical works to illustrate a broadcast of an advertising nature is an infringement of the author's copyright as protected by Article L 121-1 of the Intellectual Property...

Since the Evin Law of 10 January 1991 was voted to outlaw any direct or indirect advertising for tobacco or its products, judges have condemned any attempt to get around the law thus making it almost impossible to publicise any brand of tobacco. A judgement of the Cour de cassation on 19 November 1997 has confirmed for instance that tobacco advertising cannot be excluded from the scope of Article 10.1 of the European Convention on Human Rights, which lays down the principle of the freedom of expression, but that insofar as regulating tobacco advertising constitutes a measure necessary for the protection...

Following the agreement in spring 1997 between Canal Plus, the cinematographic industries' liaison office (Bureau de liaison des industries cinématographiques - BLIC) and the association of authors, directors and producers (Association des auteurs-réalisateurs-producteurs - ARP) on the principle of the channel being allowed to broadcast films on Friday evenings after 9 pm rather than after 11 pm as at present, the channel had asked the CSA to confirm the agreement by amending its convention. The CSA has just given a positive response, after consulting all operators on the more general matter of...

Catherine Trautmann, Minister for Culture and Communication, presented a Communication on the reform of legislation in the audio-visual sector to the Council of Ministers on Wednesday, 28 January 1998. When she took up office in June 1997 she had announced her intention to amend the Act of 30 September 1986. The Communication sets out the main features of the Bill, which should be tabled in the Spring. In the meantime, the Minister wishes to set up concertation with all professionals in the audio-visual sector. According to its description, the Bill appears to be more modest than the reforms announced...

In France, the two main public-service channels are France 2 and France 3. Their terms of reference are set out in decrees dated 16 September 1994. The rapid evolution of the audio-visual scene has led the Government to consider amendments to these texts, which were submitted to the French media authority, the Conseil Supérieur de l'Audiovisuel - CSA); it gave its opinion on 16 December 1997. For the protection of children and young people, the CSA feels it necessary to require the public-sector channels - as well as the private channels - to include a symbol on the screen when broadcasting certain...