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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...

As confirmed by decree no. 2017-1364 of 20 September 2017, the tax on the advertising revenue of Internet sites making videos available online either for free or in return for payment (the “YouTube tax”) is about to enter into force. The proceeds of this 2% “video tax” are to be made over to the National Centre for Cinema and the Animated Image (Centre National du Cinéma et de l’Image Animée - “the CNC”) for the financing of support for the creation of new works. The tax dates back to 1993 in respect of actual videograms (VHS/DVD); in 2004 it was extended to French sites charging for video-on-demand...

On 6 July 2017, the Minister for Culture, Françoise Nyssen, gathered together organisations representing the cinema sector to sign two agreements relating to the industry. As soon as they were signed, the agreements were extended by decree to cover the entire sector. Article 21 of the Act of 7 July 2016 on the freedom of creation defines the framework for the transparency of the operating and production accounts for full-length cinematographic works. In this respect, the new Article L. 213-29 of the Cinema Code provides that (i) the form of the operating account and (ii) the definition of gross...