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IRIS 2019-3:1/15 [FR] HADOPI study on the pirating of cultural goods

France’s high Authority for the Broadcasting of Works and the Protection of Rights on the Internet (Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet - HADOPI) has updated its analysis of the piracy ecosystem that it first undertook in 2012. The new study covers all services that enable or facilitate illegal access to copyright-protected cultural goods, not only in the audiovisual sector (films, series, television programmes, music), but also in the e-book and video-game industries. Services offering the retransmission of sports events are also analysed. A number...

IRIS 2019-3:1/14 [FR] Minister for Culture gives details of upcoming audiovisual reform

On 31 January 2019 during a New Year address, the Minister for Culture, Franck Riester, announced that he would be submitting new legislation reforming the audiovisual sector to the Council of Ministers in the summer. This will consist of three parts: one governing regulation, one in respect of Act No. 86-1067 of 30 September 1986, as amended, on Freedom of Communication, and one on the public audiovisual sector. The Minister had earlier announced that the bill would be debated in Parliament after the summer recess, in September or October - at any rate no later than the start of 2020. He explained...

IRIS 2019-3:1/13 [FR] Image rights and permission to use an interview filmed for a documentary

On 11 January 2019, the urgent applications judge of the Paris regional court issued a decision that demonstrates the difficulties that can arise when someone gives written permission to be interviewed for a film. In the case in question, a psychoanalyst had given an interview, parts of which were used in a film entitled “Le Mur” on the subject of developmental disorders (psychosis and autism). The film’s producer then embarked on a second film, entitled “Le Phallus et le Néant”, which included further excerpts from the interview and was due to be broadcast in January 2019. The interviewee considered...

IRIS 2019-2:1/12 [FR] New media chronology agreement finally signed

The French rules on media chronology, which cover all distribution windows for films, from their release in cinemas to free public access, were in urgent need of reform and modernisation. The previous agreement was more than ten years old, and was signed before subscription-based VoD platforms had appeared in the audiovisual landscape. In autumn 2017, following a breakdown in industry negotiations, the Minister for Culture asked mediators to unblock the situation so an agreement could be reached. More than a year later, on 21 December 2018, in line with their recent signature of agreements with...

IRIS 2019-2:1/11 [FR] Law on manipulation of information, validated by the Constitutional Council, is published

The law on the fight against the manipulation of information, called for by the President of the Republic at the beginning of 2018, was adopted at the end of the year following a chaotic legislative process in which the Senate consistently rejected the text. After it was validated by the Constitutional Council (subject to reservations concerning interpretation), the law was published in the official gazette at the turn of the year. It will therefore be in force by the run-up to the next European elections in May, as intended by the Executive. The law is divided into three sections. The first, entitled...