Search results : 1106

On 16 November 2016, the Court of Justice of the European Union (CJEU) delivered a judgment concerning compliance of French legislation with the Copyright Directive (Directive 2001/29/EC), namely the right of reproduction under Article 2 and the communication to the public under Article 3(1) in the case of “out-of-print books”. The CJEU examined whether the consent to authorise acts regulated in Article 2 and 3(1) of the Copyright Directive can be expressed not only by author but also by approved Collective Management Organisations (CMOs) with regard to commercial exploitation of books that are...

On 23 September 2016, the national audiovisual regulatory authority in France (Conseil Supérieur de l’Audiovisuel - CSA) published a study on the place of digital platforms in access to audiovisual content, their economic model, and the stakes for the sector. ‘Digital platforms’ refers to the social networks, video-share websites, app stores and search engines which offer new services that challenge the value chain and the usual legal categories of the audiovisual sector. The CSA study is based mainly on a series of hearings of stakeholders in the audiovisual, digital and advertising sectors and...

On 11 October 2016, after six months of intense negotiation, the representative organisations of professionals in the cinema and audiovisual sectors signed an agreement with the Ministry of Culture and the National Centre for Cinema and the Animated Image (Centre National du Cinéma and de l'image animée - CNC) undertaking to achieve the sustained exploitation of audiovisual and cinematographic works. The agreement is based on the desire to facilitate access to iconic works of the French cinematographic and audiovisual heritage - masterpieces that are sometimes impossible to find and incomplete...

In a decision issued on 21 September 2016, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) ordered the company TF1 to comply with the ban on cross-promotion included in the agreement, which is concluded with the CSA on 8 October 2001 by virtue of a codicil agreed on 17 February 2016. If TF1 fails to comply forthwith, the CSA has indicated that a sanction procedure may be instigated. Under Article 3-1 of the Act of 30 September 1986, the CSA “ensures equality of treatment (...) and makes every effort to promote unrestricted competition (...).” In December...

The Minister for Culture had appealed to the Conseil d'Etat to overturn the decision delivered by the Administrative Court of Appeal on 8 December 2015 which, in response to an application from a traditionalist Roman Catholic association, cancelled the classification licence that included a ban on the film being shown to anyone under 12 years old and required the warning “Contains numerous realistic sex scenes likely to be disturbing to young audiences”. The warning and the ban had been issued by the French Classification Board in July 2013 for the film ‘La vie d'Adèle: Chapitres 1 et 2’ (English...