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On 13 October 2015 the Paris Court of Appeal delivered a judgment which will prevent opera lovers seeing a screen version of ‘Les Dialogues des Carmélites’ produced by Russian artiste Dimitri Tcherniakov, as staged in 2010 and 2011 at the Munich opera house and recorded on DVD and Blu-ray. The judgment raises the question of the limits to freedom of adaptation and creation. The beneficiaries of the rights of Francis Poulenc, who composed the music, and Georges Bernanos, who wrote the libretto, felt that this production completely transformed and distorted the end of the work, and therefore applied...

The Grand Chamber's judgment in Couderc and Hachette Filipacchi Associés v. France elaborates on the appropriate standards for privacy and media coverage on issues related to the private life of public persons (see also IRIS 2014-3/1). In 2005, the French magazine Paris Match was ordered to pay EUR 50,000 in damages and to publish a statement detailing the judgment of the Versailles Court of Appeal finding a breach of privacy, because of an article which caused damage to Albert II of Monaco. The impugned article in Paris Match contained an interview with the former lover of Albert Grimaldi, Ms...

The Ukrainian Supreme Rada (Parliament) adopted, on 3 September 2015, the Statute “On amendments to certain statutes of Ukraine as to the provision of transparency of property of the mass media and implementation of the national policy in the field of television and radio broadcasting” (Про внесення змін до деяких законів України щодо забезпечення прозорості власності засобів масової інформації та реалізації принципів державної політики у сфері телебачення і радіомовлення). The Statute introduces changes into the Ukrainian Statute “On TV and Radio Broadcasting” (see IRIS 2006-5/34) and “On the...

With its decision delivered on 14 October 2015, the Court of Cassation has provided details on respect for the neighbouring rights of performing artists when their performances are used by the Institut National de l’Audiovisuel (National Audiovisual Institute - INA). The INA has a public-service mission to conserve, use, and make available France’s audiovisual heritage. More specifically, under its most recent terms of reference, the INA has undertaken to “improve the editorialisation of its archives by constituting a themed multimedia offer that is as relevant and as accessible as possible, while...

In a decision delivered on 30 September, the Court of Cassation rejected the appeals brought by the channel Arte and the production companies which produce the programme “Intime Conviction” against the appeal judgment delivered under the urgent procedure ordering them to stop broadcasting the programme on pain of penalty payments (see IRIS 2014-4/15). They had also been ordered to pay a provisional amount towards compensation for the prejudice suffered as a result of the invasion of the privacy of the applicant party, a coroner (medical examiner) who had been taken in for questioning after his...