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On 2 June 2016, the Court of Appeal in Versailles delivered a new decision on the use of concealed cameras. In the case at issue, a doctor - informed by friends and family that he had been filmed in his surgery without his knowledge for the purposes of a television magazine programme entitled “Régimes: la vérité sur les nouvelles méthodes pour maigrir” (“Diets - the truth about the new slimming methods”) which was to be broadcast a few days later - immediately had the channel and the company editing its Internet site summoned to court to obtain a ban on broadcasting the sound recordings obtained...

The next presidential election in France will be held in the spring of 2017. As part of its tasks to ensure diversity at election time, conferred on it by Article 16 of the Act of 30 September 1986, the national audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) ensures the application of the specific rules applicable to the handling of election news. The organic law of 25 April 2016 modernising the rules applicable to presidential elections has been gazetted. The Act provides for the application of the principle of equity in audiovisual matters, during the period between...

On 30 March 2016 the Court of Cassation delivered an interesting decision on the infiltration and use of a concealed camera by journalists for a television magazine programme. In its ‘Les Infiltrés’ magazine programme, the public-sector channel France 2 had broadcast an item entitled ‘À l’extrême droite du père’ (‘to the extreme right of the father’), produced by a journalist who had concealed his professional status and, using a hidden camera, had entered a number of “traditionalist” Roman Catholic establishments and associations, recording images and speech without the people concerned being...

The regional court (tribunal de grande instance - TGI) of Paris has delivered an extremely significant judgment on the possibility of parties to an author contract waiving the principle of proportional remuneration. In 2002 and 2008, the production company of the director of the animated film ‘Arthur et les Minimoys’ (English title: Arthur and the Invisibles) concluded an author contract for the “graphic conception of secondary characters, accessories and drawn decors” which provided for a lump-sum payment in return for the agreed transfer of rights. Two further episodes in the trilogy had been...

Decisions on copyright protection for the format of a television programme are sufficiently rare so as to warrant reporting the recent decision handed down by the regional court (tribunal de grande instance - TGI) of Paris. In the case at issue, the business manager of an audiovisual production company described himself as the creator of the ‘Teum-Teum’ audiovisual concept. This consists of filming, in a flat located in “sensitive” area, a magazine programme during which a presenter hosts a guest celebrity from the world of culture, show business, or politics for a discussion on their respective...