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IRIS 1995-9:1/10 [FR] Decision of the Court of Cassation on the Exclusivity of Television Films

The Court of Cassation, in a decision of 4 July 1995, notes that the rights transmitted to the Institut National de l'Audiovisuel (INA), by virtue of the Act of 29 July 1982, are those held by the société nationale de programmes de télévision France régions (FR3) under the co-production and distribution contract for six television films (adapted from the work of Edgar Allan Poe "Tales of Mystery and Imagination"), concluded previously with a company. Proceeding with the necessary interpretation of this contract, the Court held finally that the stipulations which reserved exclusivity of the works...

IRIS 1995-9:1/9 [FR] The Representation of Works of a Painter During a Television Programme Was Not a Short Quotation within the Meaning of the Intellectual Property Code

In a judgement of 4 July 1995, the Court of Cassation held that the showing of the entire works of a painter during a television programme did not constitute a short quotation within the meaning of the Intellectual Property Code. In this particular case, the television company, Antenne 2, showed a programme on 29 November 1988 devoted to topical events in the theatre, during which, in connection with a play being performed at the Théâtre des Champs-Elysées, the mural paintings of Edouard Vuillard in the smokers' bar were shown. On 16 November 1988 the theatre had inaugurated the re-hanging of the...

IRIS 1995-8:1/31 [FR] National Assembly Delegation for the European Union Proposes Resolution on 'Television without Frontiers"

On 27 July 1995, the French National Assembly Delegation for the European Union sent a proposal to the National Assembly for a resolution on the European Commission's proposals to amend the "Television without Frontiers" Directive (89/552/CEE of 3 October 1989). The proposal for a resolution on this issue is based on a report of Deputy Francois Guillaume The proposal contains the following wishes: - to strengthen European audio-visual production in the framework of the Media II programme; - to include in the Directive the new services that have the same characteristics as traditional television...

IRIS 1995-7:1/42 [FR] The Audiovisual Supervisory Board (CSA) Replies to TV Carton Jaune

The Audiovisual Supervisory Board ( Conseil supérieur de l'audiovisuel - CSA ) came under questioning by TV Carton Jaune, an association of legal experts arguing for more honesty in TV news. The association asked why Patrick Poivre D'Arvor, the presenter of the 8pm news programme was being allowed to keep his job in the wake of his being found guilty of misappropriation of funds in the recent "Botton" case. The CSA re-stated its commitment to accurate news broadcasting and its opposition to any misleading reporting, but went on to say that whatever they might think of the affair, they could not...

IRIS 1995-7:1/41 [MC][FR] Signature of a Treaty on Transmission Rights between France and Monaco

The Treaty, signed on 8 April by N.Sarkozy, the Minister of the Budget, with special responsibility for Communications, and A.Juppé, Minister of Foreign Affairs on the one hand and P.Dijoud, Minister of State for the Principality of Monaco, on the other, sets out the relationship between France and Monaco over transmission rights. The Treaty allows Télé Monte-Carlo (TMC) to continue broadcasting in French territory. The broadcasting licence held by TMC for broadcasting from three transmitters covering the south of France had run out. The decision to renew did not come within the Audiovisual Supervisory...