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IRIS 1995-10:1/10 [FR] Unfair Competition and Plagiarisation of an Antenne 2 Programme

The Court of Cassation ordered TF1 to pay damages to Antenne 2 for the plagiarisation of its programme " La Nuit des héros ". The court ruled that TF1's programme " Les marches de la gloire " had been copied directly from Antenne 2. The Court laid down that the two television series were based on the same concept and followed similar lines that compared the values of everyday life and of sport. The two production scripts were also considered to have the same structure, with sequences of the same length, the same kind of musical backing and similar studio presentations, although the anchormen on...

IRIS 1995-10:1/9 [FR] Judgement against TF1, Antenne 2 and the SNEP for Failure to Comply with Television Play-back Agreements

Following an agreement drawn up in 1975, the Syndicat National des Artistes Musiciens (SNAM National Union of Musicians) and the Syndicat des Artistes Musiciens de la Région Parisienne (SAMUP - Union of Musicians of the Region of Paris) mandated the Syndicat National de l'Edition Phonographique (SNEPNational Union of Phonographic Publishing) to negociate general contracts with the television channels as to the use of phonograms for radio and television broadcasting. A certain number of these agreements concerned play-back (mimed playing and/or singing). A collective agreement was drawn up at a...

IRIS 1995-9:1/21 [FR] The Conseil Supérieur de l'Audiovisuel (CSA) Circularises Television Programme Producers on Illegal Indirect Advertising

In two recent circulars, France's media watchdog body, the Conseil Supérieur de l'Audiovisuel (CSA) told TV programme producers throughout the country that it meant to ensure, from 1 September 1995, that the regulations on the acceptability of certain kinds of advertising were strictly observed in individual programmes. These regulations are set out in the implementing Decree, No. 92-280 of 27 March 1992, on Section 27 (1) of Act No. 86-1067 of 30 September 1986 (the French Broadcasting Act). The Decree was issued to transpose the Directive on "Television without Frontiers" into national French...

IRIS 1995-9:1/14 [FR] Contribution of Public Audio-visual Communication Companies to Campaigns of General Interest Appealing to the Generosity of the Public

The circular, dated 12 September 1995, specifies the conditions according to which the different non-profitmaking organisations which organise each year campaigns of general interest appealing to the generosity of the public may ask for help from public sector audio-visual communication companies (radio or television).

IRIS 1995-9:1/12 [FR] Decision of the Court of Cassation about the Responsibility of a Sub-contractor of Technical Production of a Film

In its decision of 4 July 1995, the Court of Cassation supported the first judges' rulings which had found against the sub-contractor entrusted with the technical production of copies of an advertising film concerning a loan, who had committed a serious fault in not checking if the correction of rates requested by the client was clearly indicated in the message transmitted. This serious fault cancels the liability limitation clause. The case calls into question the responsibility of the Régie française de publicité (RFP) in the carrying out of its task, as a public administrative service, of exercising...