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IRIS 1997-3:1/16 [FR] Unlawful comparative advertising

The Regional Court of Paris delivered an interesting decision on 31 May 1996 on the use of Médiamétrie surveys in advertising. A radio station (NRJ) had published in a number of newspapers a series of advertisements including comparative tables of audience figures for three competitive stations; one of the advertisements included a picture of a ball rolling towards skittles bearing the marks of the other stations, to knock them down. The judge found the advertisements defamatory and outside the legal framework of comparative advertising, disallowed benefit of the provisions of Article L 121-8 of...

IRIS 1997-3:1/15 [FR] Reproduction of musical works protected by copyright by digitalisation and on-line publication on Internet without authorisation

Musical works with words and often music by Jacques Brel have been digitalised and put on-line on Internet on the initiative of students at the École Nationale Supérieure des Télécommunications and the École Centrale de Paris on the web-pages on the student server at their colleges. On the basis of official reports by sworn agents of the Association pour la Protection des Programmes , the companies Éditions Musicales Pouchenel , Warner Chappell France and MCA Caravelle , which affirm that they hold the rights of reproduction and representation of these works, called on the courts to take note that...

IRIS 1997-3:1/14 [FR] Conditions for protecting a plan for a television programme

An author who had unsuccessfully put forward an idea for a programme lodged with the SACD (French society of dramatic authors and composers) under the title Pour ou contre ("For or against") on TF1 complained that the presenter Christophe Dechavanne had used elements of his plan in his broadcast Comme un lundi ("Like a Monday"), thereby rendering himself guilty of parasiting him. The Court recalled that acknowledgement of wrongful parasiting within the meaning of Article 1382 of the Civil Code supposed the prior demonstration of the existence of a substance capable of being absorbed, in the form...

IRIS 1997-3:1/4 [FR] Development of an international code of conduct for the Internet

During 1996, France proposed to the other Member States of the Organisation for Economic Co-operation and Development (OECD) a Charter on international co-operation on the Internet. In the framewrok of this proposal, France commissioned the drafting of a code of conduct for the Internet, to be undertaken in close collaboration and concertation with professional users, especially publishers, access providers, industry representatives, IT companies, those involved in electronic commerce, the World Wide Web Consortium, academics, as well as non-profesional users. A working party has been working...

IRIS 1997-2:1/11 [FR] Appeal Court rejects TF1's demand to declare the acquisition of NETHOLD BV by CANAL PLUS illegal

On 29 January 1997, the Paris Appeal Court ( Cour d'appel de Paris) rendered judgement in a case involving the French private broadcasters TF1 and Canal Plus. Canal Plus is in the process of taking over NETHOLD BV. NETHOLD BV exploits a number of thematic television channels. Amongst those are a number of channels which are totally dedicated to sports events: Supersport Belgium, Supersport The Netherlands, Nordic Supersport (for Denmark, Finland, Norway and Sweden) and Télépiù 2. TF1, on the one hand, is involved in the EUROSPORT consortium, which operates a transnational sports channel by the...