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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...

After the administrative court this summer (see IRIS 2015-8/15), it has been the turn of the Conseil d’Etat to consider the classification licence issued to Gaspar Noé’s film “Love”; and delivered its decision on 30 September 2015. In the case at issue, the Ministry of Culture - which in July had issued a classification licence preventing the film being shown to minors over 16 years of age - and the production companies had called on the Conseil d'Etat to cancel the order delivered under the urgent procedure suspending performance of the licence because it did not allow the film to be shown to...

The regional court (tribunal de grande instance - TGI) of Paris has delivered an interesting judgment in a case of infringement of film copyright. The case at issue was brought by an American director and producer of a number of horror and science-fiction films. He made the film ‘New York 1997’, which was released in 1981. In it, the hero - in exchange for his freedom - has 24 hours to save the president of the United States, who is being held on Manhattan island, transformed into a prison. In April 2012 he learned of the release of a film entitled ‘Lock-Out’, produced by the company Europacorp...