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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...

In May 2015, further to the Costeja decision delivered on 13 May 2014, the Chair of the National IT and Freedom Commission (Commission Nationale Informatique et des Libertés - CNIL) ordered Google Inc. to carry out dereferencing on all the extensions of Google Search within a period of fifteen days. As this was not done within the given time, the Chair of the CNIL instituted sanction proceedings. The authority’s restricted formation found that the 1978 Information Technology and Freedoms Act was applicable to all processing connected with the Google Search service, as had the Court of Justice of...

Bouygues Telecom made a referral to the Conseil d’État on an issue concerning the non-payment of the allowances claimed by the IAP in return for the assistance provided to HADOPI in seeking out Internet users engaging in illegal downloading. Starting in September 2010, HADOPI’s Commission for the Protection of Rights (Commission de Protection des Droits) had called on the electronic communication operators for assistance in seeking out, noting, and prosecuting failures to fulfil the obligation set forth in Article L. 336-3 of the intellectual property code (Code de la Propriété Intellectuelle). In...