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IRIS 2022-2:1/8 [FR] New framework of obligations to contribute to cinematographic and audiovisual production

Following the decree of 22 June 2021 concerning on-demand audiovisual media services (“SMAD decree”), the framework of obligations to contribute to cinematographic and audiovisual production was further modified with the publication of the so-called "DTT" and "Cable-Satellite" decrees on 30 December 2021. According to the Ministry of Culture, these decrees have a number of objectives. Firstly, they are designed to simplify the regulatory framework by increasing the use of the agreements concluded between service providers and the Autorité de régulation...

IRIS 2022-2:1/9 [FR] Rules applicable to commercial communications provided by video-sharing platforms

Video-sharing platforms, which are now covered by Article 2 of the Law of 30 September 1986, are subject to certain obligations set out in Articles 59 to 61 of the Law. Decree no. 2021-1922 of 30 December 2021 explains these obligations in respect of commercial communications that are marketed, sold or organised by these platforms. Commercial communications (in particular advertising, sponsorship, teleshopping and product placement) are “images, with or without sound, designed to directly or indirectly promote products, services or the image of a natural or legal person who exercises an economic...

IRIS 2022-1:1/3 [FR] Text and data mining, out-of-commerce works, extended collective licensing: Ordinance of 24 November 2021 completes transposition of Directive 2019/790

After the Law of 24 July 2019 protecting the neighbouring rights of press publishers and agencies, and the Ordinance of 12 May 2021 that transposed into French law the new system of liability of content-sharing platforms and mechanisms for the fair remuneration of rightholders, the Ordinance of 24 November 2021 completed the transposition of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, the deadline for which had been 7 June 2021. In accordance with Articles 3 to 6 of the Directive, the Ordinance provides for and adapts exceptions to copyright and neighbouring...

IRIS 2022-1:1/4 [FR] Conseil d’État rejects RMC Découverte appeal against CSA’s refusal to classify programmes as documentaries

On 3 July 2012, the company RMC Découverte, which operates the terrestrial television channel of the same name, signed an agreement with the Conseil supérieur de l’audiovisuel (the French audiovisual regulator – CSA), Article 3-1-1 of which requires it to ensure that “documentaries make up at least 75% of total airtime each year and cover a wide variety of topics.” In decisions of 11 July 2018, 17 June 2019 and 20 May 2020, the CSA refused to classify 16, 15 and 6 programmes broadcast by the channel as “documentaries”, as defined in the agreement....

IRIS 2022-1:1/5 [FR] International on-demand audiovisual media service platforms reach agreement with CSA on their obligations towards French and European audiovisual and film production

Following on from the transposition of the European Audiovisual Media Services Directive through the Ordinance of 21 December 2020, the On-Demand Audiovisual Media Services Decree of 22 June 2021 obliges foreign platforms to invest in the French and European film and audiovisual sector. Previously, only French-based service providers had been required to finance the film-making industry. The Conseil supérieur de l’audiovisuel (the French national audiovisual regulator, CSA, which will become the Autorité de régulation de la communication audiovisuelle et numérique...