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IRIS 1998-4:1/23 [FR] Heading for Digital Audio

Digital Audio Broadcasting (DAB), although still in its experimental stage, will necessarily grow. The EBU, aware of this trend, has set up an internal organisation named World DAB. In France, digital radio is doing its utmost to attract listeners. The legal framework is the Law of 10 April 1996 on experimentation in the field of information technology and services (loi du 10 avril 1996 relative aux expérimentations dans le domaine des technologies et services de l'information) and the Law of 30 September 1986 on the freedom of communication (loi du 30 septembre 1986 relative à la liberté de communication)....

IRIS 1998-4:1/22 [FR] Tasks of the CSA

In a decision of 7 January 1998 the French broadcasting supervisory body ( Conseil supérieur de l'Audiovisuel - CSA) has presented the new arrangements for its internal organisation and the tasks these involve. The CSA now has six departments: the audio-visual operators department, responsible for radio, television and cable authorisations and agreements; the new programmes department, which is to check that the obligations required of broadcasters regarding programming and production are complied with; the technical and new communications technologies department which will monitor the use of frequencies...

IRIS 1998-4:1/17 [FR] Conditions for Authorising the Encrypting of Telecommunications

The Act of 26 July 1996 reorganised the regulations on telecommunications in France; its purpose, specifically, is to bring the sector into line with European law. The Act includes provisions concerning encrypting. An implementing decree concerning the 1996 Act, dated 24 February 1998, has now defined the conditions for making declarations and granting authorisations in respect of encrypting means and services. Encrypting makes it possible to scramble the signal transmitted by a means of telecommunication and make it accessible only to persons with a decoder. The decree of 24 February 1998 sets...

IRIS 1998-4:1/6 [FR] Illicit Use of Protected Musical Works on Trailer Sound Tracks (continued)

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...

IRIS 1998-4:1/5 [FR] Tobacco Advertising - Latest Developments

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...