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Totally in line with the proposals put forward this summer by the Senate’s Committee on Culture (see IRIS 2017-8/17), and in an attempt to counter the stalled professional negotiations and address the urgent need for more appropriate regulations, Minister for Culture Françoise Nyssen has set up a mediation process in respect of media chronology. This has been deemed to be “a delicate task” and “a priority for the Government”; it forms part of the next stage in negotiations undertaken by the Centre National du Cinéma et de l’Image Animée (French National Centre for the Cinema and Animated Image...

Court decisions acknowledging the original nature of the format for a television programme are rare, so due attention should be paid to the decision delivered by the regional court in Paris on 20 April 2017. In 2009, the producer-presenter of a number of variety programmes on television concluded a production contract with France Télévisions for a new musical programme entitled Chabada, which was based on an original idea she claimed was her own. The aim of the programme was to bring together singers and French “chansons” both past and present, with three or four guests, representing three generations...

The famous French film director Claude Lelouch and his company brought court proceedings against Peugeot-Citroën and the company which produced an advertising film intended to promote the Citroën DS5 in China. It was claimed that the latter had engaged in “free-riding” and unfair competition by using the characteristic elements of one of his short films and to have made it known by posting the “making-of” of the advertising film at issue on the Internet. The short film at issue, entitled C’était un rendez-vous and filmed in 1976, shows a man driving a car fast across Paris, ending with his meeting...

On 19 September, Google and the Association to Combat Audiovisual Piracy (Association de Lutte contre la Piraterie Audiovisuelle - “ALPA”) signed a partnership agreement aimed at effectively reinforcing copyright protection for the on-line exploitation of audiovisual works. The agreement was signed under the auspices of the National Centre for the Cnema (Centre National du Cinéma - “the CNC”) - which will be able to act as an observer and make recommendations in the event of any conflict - in the presence of Minister for Culture Françoise Nyssen. Thanks to this partnership, Google’s video platform,...

On 7 September 2017, the National Audiovisual Regulatory Authority (Conseil supérieur de l’audiovisuel - “the CSA”) published its position on the reform of the Audiovisual Media Services Directive (“the AVMSD”). Following the adoption of a proposal to amend the Directive on 25 May 2016, the European Parliament and the EU Council issued a report and its general approach in April and May 2017, respectively, opening the way for a series of informal “trilogues” that should result in a revised directive being adopted in the coming months. The CSA called for ambitious compromises and a rapid conclusion...