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IRIS 1998-9:1/10 [FR] Product Placement on Television

Conseil Supérieur de l'Audiovisuel (CSA - government body monitoring The solemn warning from the broadcasting) to the chairman of France Télévision on 8 September in respect of further cases of product placement noted on the channels France 2 and France 3 in regard of a number of press titles raises the question of regulations to cover this type of practise. The Decree of 27 March 1992, which lays down regulations for advertising on television and transposes the "Television without Frontiers Directive" into French law, prohibits product placement, defined as "the representation in words or pictures...

IRIS 1998-9:1/1 [FR] Report on the Legal Aspects of the Internet Inline-Linking on the Internet

In France, there are any number of brainstormings, symposia and studies on the legal aspects of the Internet, but attention deserves to be drawn to a report compiled by the Conseil d'Etat in July 1998 ("Internet and the Digital Networks"). Its overall rapporteur, Mrs Isabelle Falque-Pierrotin, starts off by stating that, "contrary to certain affirmations, all existing legislation applies to Internet authors". Having thus set the scene, the report stresses the need to enhance the value of content by the protection of intellectual property, particularly by taking action against counterfeiting which...

IRIS 1998-8:1/12 [FR] Advertising of Alcoholic Drinks on Radio

France is successfully combating the problems of tobacco and alcohol abuse. The Act of 10 January 1991 laid down a blanket prohibition of advertising for tobacco and alcohol on both public- and private-sector television. On radio, the rules for advertising alcoholic drinks are slightly more flexible for private radio stations than for Radio France, the national public-service radio station. For private stations, a decree of 23 September 1992 permits the advertising of alcoholic drinks of less than 1.2° strength on Wednesdays (children's day) between midnight and 7 a.m. only and on other days between...

IRIS 1998-8:1/10 [FR] Right of Reply to an Advertising Message on Television

The Court of Cassation (2nd Civil Chamber) has recently (11 June 1998) delivered a decision stating that Article 6 of the Act of 29 July instituting a right of reply in the audiovisual communications services does not differentiate between the various possible forms of audiovisual communication and may therefore apply to an advertisement. The Court nevertheless recalled that, unlike the principles governing the written press, according to which a person need only be "designated" in a piece of writing to be entitled to reply, in audiovisual matters the message needed to contain "charges likely to...

IRIS 1998-7:1/14 [FR] infringement of Planète channel's packaging

The packaging of a channel aims to create a visual identity by which the viewer will recognise the channel's characteristics and this deserves to be legally protected. Planète channel--in the form of words that scroll horizontally and vertically on In this case, the packaging of the the screen and cross at a right angle--constitute an intellectual work protected by copyright. The company TPS, operator of a bundle of channels and services transmitted by satellite since November 1996, provides a socalled welcome channel whose packaging also consists of words scrolling horizontally and vertically...