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IRIS 2021-6:1/5 [FR] Key provisions of Directive 2019/790 on copyright and related rights transposed into French law

The key provisions, namely Articles 17 to 23, of Directive 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market, were transposed into French law by Ordinance No. 2021-580 of 12 May 2021. Article 15 of the Directive had previously been transposed by the Law of 24 July 2019 creating a neighbouring right for press publishers and agencies. Under Article 1 of the Ordinance, a new Article L. 137-1 of the Intellectual Property Code (IPC) defines the scope of the services concerned by the transposition of Article 17. It...

IRIS 2021-6:1/6 [FR] Satirical song did not cross the boundary of freedom of expression

During the France Inter programme “Par Jupiter!”, in response to a Brazilian court’s decision to ban a film portraying Jesus Christ as a homosexual, a singer performed a satirical song entitled “La chanson de Frédéric F...” in which Jesus Christ was described as a homosexual in obscene and vulgar terms. The political think tank Fondation de service politique asked the Conseil d'Etat (Council of State) to annul the decision of the Conseil Supérieur de l'Audiovisuel (French audiovisual regulatory body – CSA) of 26 February 2020 in...

IRIS 2021-6:1/7 [FR] Application for stay of CSA sanction against CNews rejected

On 17 March 2021, the Conseil Supérieur de l'Audiovisuel (French audiovisual regulatory body – CSA), pursuant to Article 42-1 of the Law of 30 September 1986, imposed a fine of EUR 200,000 against the CNews television channel following remarks made by political commentator Eric Zemmour during the programme “Face à l'info” broadcast on 29 September 2020 (see IRIS 2021-5:1/26). Zemmour then asked the urgent applications judge of the Conseil d'Etat (Council of State) to stay the execution of the decision. He argued that execution of the decision would infringe...

IRIS 2021-5:1/30 [FR] Temporary consultation between distributors on film release schedule compatible with competition law

On 16 April 2021, the Autorité de la concurrence (competition authority) issued an opinion in response to a request submitted by the Médiateur du cinéma (cinema ombudsman) in February 2021. In accordance with Article L. 213-6, para. 2, of the Code du cinéma et de l’image animée (Cinema and Moving Image Code), the ombudsman asked the competition regulator to examine the possibility of consultation between film distributors aimed at agreeing a regulated film release schedule until the situation returned to normal. It asked the competition authority to “set...

IRIS 2021-5:1/29 [FR] CNC facilitates initial film release via other distribution methods until cinemas reopen

“Between mid-May and the beginning of summer, we will create a timetable for the gradual resumption of cultural activities,” said French president Emmanuel Macron on 31 March 2021 during his televised address announcing new restrictions on movement within France. The following day, the prime minister told parliament, “This reopening will take place as soon as the health situation allows it. The government will present this reopening strategy to parliament in due course.” Meanwhile, with more than 400 French and foreign feature films awaiting the reopening of cinemas, which...