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IRIS 2018-8:1/21 [FR] Dispute between production company that owns “Le bureau des légendes” marks and publisher of a book on the series

The audiovisual production company that produced the television series “Le bureau des légendes”, which has been broadcast on Canal Plus since 2015 (with season four set to be shown later this year) initiated urgent proceedings against the publisher of a collection of books entitled “La série des series” after discovering that a book entitled “Le bureau des légendes - Politique du secret” was about to go on sale. The book’s cover included not only the title of the work but also its word mark and figurative mark “Le bureau des légendes”, which had been registered by the production company in relation...

IRIS 2018-8:1/20 [FR] Conseil d’Etat confirms two CSA sanctions against C8

In three decisions issued on 18 June 2018, the Conseil d’Etat (the Council of State - a body of the French Government that acts both as legal adviser to the executive branch and as the Supreme Court for administrative justice) ruled on appeals lodged by the television channel C8 against three heavy sanctions imposed last year by the French national audiovisual regulatory authority (Conseil supérieur de l’audiovisuel - “the CSA”) following inappropriate behaviour during the programmes “Touche pas à mon poste” and “TPMP! Baba hot line”. The Conseil d’Etat quashed one of the sanctions and upheld the...

IRIS 2018-8:1/6 Advocate General: Opinion in dispute between France Télévisions and Playmédia

Because France Télévisions is a public broadcasting body, its television channels are under a ‘must-carry’ obligation as provided for in Article 34-2 of France’s Freedom of Communication Act. In addition to conventional terrestrial broadcasting, France Télévisions also offers the possibility of viewing its television channels via streaming on its Internet site. The company Playmédia operates an Internet site on which it offers, inter alia, the live streaming of a number of television channels, including those operated by France Télévisions. There is no charge for access to the site; Playmédia uses...

IRIS 2018-7:1/17 [FR] Minister for Culture announces first part of her plan to reform the public audiovisual sector

On 4 June 2018, Minister for Culture Françoise Nyssen presented her plan for the reform of the public audiovisual sector - one of the election promises of the President of the Republic. The Minister explained the Government’s approach, which is based on work carried out collectively over several months by the representatives of the six companies in the public audiovisual sector (Ina, France Médias Monde, Radio France, Arte, TV5 Monde, and France Télévisions). She stated that the “transformation of content” ought to be the priority: “[I]n this period of digital upheaval, we must give priority to...

IRIS 2018-7:1/16 [FR] Courts authorise showing of “The Man who Killed Don Quixote” to close Cannes Film Festival

In the late 1990s, Terry Gilliam wanted to embark on the production of a film he referred to as “The Man who Killed Don Quixote”, inspired by Cervantes’ novel. He could have had no idea that more than twenty years later, the film’s release for screening in cinemas and its status as the closing film of the Cannes Film Festival would be dependent on a court decision. In addition to the many incidents that occurred during filming, a dispute arose between the author/director and the company Alfama Films Production and its manager Paulo Branco. This reached breaking point in August 2016 when Gilliam...