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On 26 July, the Conseil d’Etat issued a judgment that sheds some light on the means of contesting a warning letter sent to a television channel by the French national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - the CSA). In the case concerned, the president of the CSA had been asked by anti-homophobia organisations to examine a sequence broadcast on the television channel Canal Plus during which someone had repeated a homophobic chant performed by Olympique de Marseille supporters. The CSA accordingly sent a letter to the chairman of the Canal Plus group informing it...

On 28 June 2018, the Court of Cassation issued a judgment explaining in detail the exclusive jurisdiction assigned by the Code de la propriété intellectuelle (Intellectual Property Code - the CPI) to the regional courts in relation to literary and artistic property. It referred to Article L. 331-1, paragraph 1 of the CPI, which states that “civil actions and requests concerning literary and artistic property, including those relating to unfair competition, fall under the exclusive jurisdiction of the regional courts, as determined by regulations”. In the case at hand, a production company accused...

The holders of the rights to the works of a deceased jazz drummer claimed that the Institut National de l’Audiovisuel (the National Audiovisual Institute - the INA) was marketing a number of video clips and a disc on its website that reproduced some of the musician’s performances without their authorisation. They had the INA summoned to appear in court to obtain compensation for the infringement of the rights that they hold, invoking Article L. 212-3 of the Code de la Propriété Intellectuelle (the Intellectual Property Code - CPI). Since the adoption of legislation on 1 August 2006 amending Article 49...

On 4 June 2018, Minister for Culture Françoise Nyssen presented her plan for the reform of the public audiovisual sector. Stressing the need to involve all the professionals in the sector and the creation branch, she appointed a consultative task group which made its conclusions public on 18 July 2018. The first work area identified by the task group concerned an increase in the offer of local programmes, which should involve tripling the number of regional programmes on France 3, covering all programme genres: news, documentaries and magazine programmes, service broadcasts, sport, etc. The second...

A new committee has just been set up at the National Centre for Cinematography and the Animated Image (Centre National de la Cinématographie et de l'Image Animée - CNC) - the Regulations Control Committee (Commission de Contrôle de la Réglementation). Created by the 2016 Creation Act, the Committee has been tasked with checking compliance with the rules applicable in the cinema and animated image sectors (brought together in the Cinema and Animated Image Code (Code du Cinéma et de l'Image Animée) and the general regulations on financial support from the CNC), and imposing penalties on any natural...