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With the appearance of Decree No. 2016-1191 of 31 August 2016, new arrangements regarding tax credit for expenditure on the delegated production of cinematographic and audiovisual works have come into force. Article 111 of the 2016 Finance Act amended Article 220 sexies of the General Tax Code, which governs these arrangements, under which cinematographic or audiovisual production companies subject to company tax which take on the function of delegated production companies are able to benefit from a tax credit. This tax credit relates to certain items of production expenditure, listed in the legislation,...

In France, the audiovisual sector’s return to work after the summer break was marked by the launch, on 1 September 2016, of the new public-service news channel ‘France Info’, using the name of the new global offer of public news. This is the fourth continuous news channel in France on digital freeview television, after BFM-TV (NextRadioTV group), i-Télé (Canal+ group), and LCI (TF1 group). France Télévisions has recruited 176 people for the project, half of them internally, but there have been social problems, and on 13 September, the regional court in Paris was called on to adjudicate on one of...

In a decision delivered on 10 June 2016, the Court of Appeal in Paris upheld a sentence for plagiarism that hit the headlines when it was delivered in the initial proceedings, and substantially increased the amounts awarded in damages. In the case at issue, an American director claimed that the film ‘Lock-Out’, released in 2012, was very similar to the film ‘Escape from New York’ (French title: ‘New York 1997’), released in 1981, which he had co-written. The French production company of the film ‘Lock-Out’ and the film’s writers were summoned to appear in court to answer charges of plagiarism....

The Act on the Freedom of Creation, Architecture, and Heritage was published in the Journal Officiel on 8 July 2016. The first article of its section on ‘freedom of creation’ refers to the freedom of artistic creation and its circulation, which is to be exercised “with due regard for the principles governing freedom of expression and in accordance with the first section of the Intellectual Property Code”. Infringement of this right is to attract criminal punishment: “Hampering, in a concerted fashion and under threat, exercise of the freedom of artistic creation or the freedom to circulate artistic...

On 25 February 2016, the regional court in Paris delivered an unusual but noteworthy decision on the delicate matter of the conflict between copyright protection and creative freedom. In the case at issue, the publishing house which holds the rights for the representation, reproduction, and audiovisual adaptation of the work of surrealist poet Paul Eluard, including more particularly his famous poem entitled ‘Liberté’, and the poet’s daughter instigated proceedings on the grounds of infringement of copyright against the producer and distributor of a film directed by David Cronenberg. The case was...