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IRIS 2021-3:1/6 [FR] Google signs agreement on remuneration of neighbouring rights for publications containing "political and general information"

In April 2020, the French competition authority ordered Google to negotiate licences with publishers "in good faith", allowing it to post publications or excerpts in accordance with the Act of 24 July 2019. This was confirmed by the Paris appeal court on 8 October 2020. On 21 January 2021, following the signature of an initial series of individual agreements between Google and various publishers (including Le Monde, L'Obs, Le Figaro, Libération and L’Express) in November, the Alliance de la presse d’information générale (French general press alliance...

IRIS 2021-3:1/7 [FR] CSPLA, Hadopi and CNC recommendations on the transposition of Article 17 of the Copyright Directive

As stated in the law of 3 December 2020, the French Government is preparing to adopt an ordinance transposing Copyright Directive 2019/790 into French law by the summer. In particular, the new rules applicable to online platforms under the controversial Article 17 of the directive will need to be transposed. This article stipulates that, in future, content-sharing platforms will be liable for the unauthorised communication of copyright-protected content unless they conclude remuneration agreements with the rightsholder or make best efforts to block access to such content or remove it from their...

IRIS 2021-3:1/15 European Court of Human Rights: Société Éditrice de Mediapart and others v. France

The European Court of Human Rights (ECtHR) has delivered a judgment on the rights and duties and responsibilities of journalists and online media when publishing illegal recordings containing private and intimate information. The case concerns the judicial orders requiring the news website Mediapart to remove transcripts and tapes of conversations that had been illegally recorded at the home of Ms Bettencourt, the principal shareholder of the L’Oréal group. The ECtHR found the exposure of the illegal recordings to be of such a serious nature that the judicial orders to remove them...

IRIS 2021-2:1/7 [FR] Creation of fund to compensate for interruption, delay or abandonment of filming due to COVID-19 pandemic

As the COVID-19 pandemic enters a new phase, with vaccinations becoming available and new mutations of the virus being discovered, the French Government has continued to support the audiovisual sector, which has suffered long-term harm because of the health crisis. In a decree published on 30 December 2020, a special support fund was created for certain audiovisual production companies whose filming on French soil was interrupted, delayed or abandoned when one or more indispensable individuals, such as production team members, were unable to work due to the COVID-19 virus. This one-off fund is...

IRIS 2021-2:1/8 [FR] Court of Cassation confirms rejection of request to delay release of film Grâce à Dieu

A judgment issued on 6 January 2021 by the 1st civil chamber of the Court of Cassation put an end to the dispute between the production company responsible for the film Grâce à Dieu (By the Grace of God) and the main character portrayed in the film, Father Preynat, who was indicted in 2016 on suspicion of sexually abusing minors between 1986 and 1991 while he was a priest in the diocese of Lyons. The film tells the story, in a fictional format, of three of the priest’s alleged victims. In January 2019, the priest lodged an application for emergency proceedings, demanding that...