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IRIS 2016-3:1/14 [FR] Audiovisual communication companies have exclusive right to authorise making their programmes available on demand, including via deep links

On 2 February 2016 the Court of Appeal in Paris delivered an interesting decision in the case between Play Media, editor of the Play TV site, and France Télévisions. The site had been offering a free and subscription-free service broadcasting television channels live since 2010, for which the regional court in Paris (Tribunal de Grande Instance - TGI) had ordered it to pay France Télévisions more than a million euros (IRIS 2014-10/13). In refusing Play Media the right to claim it was acting on the must-carry principle instituted by the Audiovisual Act of 30 September 1986, in which the TGI found...

IRIS 2016-3:1/13 [FR] Conseil d’État approves appointment of new France Télévisions President

On 23 April 2015 the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) appointed Delphine Ernotte Cunci, former Director-General of Orange, as President of France Télévisions. To achieve greater transparency, the Act of 15 November 2013 amended Article 47-4 of the Act of 30 September 1986, giving the CSA the power to appoint the presidents of the public-sector audiovisual companies (France Télévisions, Radio France, and the company responsible for audiovisual broadcasting outside France); this power had previously been exercised by the French President. The CSA was keen...

IRIS 2016-2:1/12 [FR] CSA authorises LCI channel to shift to free DTT

In a decision made public on 17 December 2015, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) has decided to allow the TF1 group’s continuous news channel LCI to broadcast on free DTT, overturning its decisions made in 2011 and again in 2014 (see IRIS 2014-8/22). Its most recent refusal had been cancelled by the Conseil d’État on the grounds of formal defect, since the CSA had not published its impact study in good time (see IRIS 2015-7/15). At the end of a further cycle of analysis in accordance with the procedure recalled by the Conseil d’État, the CSA considered...

IRIS 2016-2:1/11 [FR] Draft revision of the AMS Directive: CSA publishes its response to the public consultation

The audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) has published its response to the European Commission’s consultation on the Audiovisual Media Services Directive (AMSD) - ‘A media framework for the 21st century’. This contribution to the current consideration of the evolution of Europe’s audiovisual framework highlights the need to extend the perimeter of the Directive to include digital intermediaries to which a set of suitable rules would be applied. The CSA uses a number of examples to exemplify the difficulty in qualifying certain on-demand services not included...

IRIS 2016-2:1/10 [FR] Director’s rightsholders legitimately refuse to renew video publication contract

On 17 December the Court of Cassation delivered an interesting decision on the operating rights of the rightsholders of a deceased film director. In the case at issue, the director of the film ‘Le Sang à la Tête’ had, under a contract signed in 1989, ceded his cinematographic representation rights for TV broadcasting and video publication to a publishing house. The director has since died, and his rightsholders have refused to renew the contract on expiry. The company had them summoned to appear in court to answer charges of abusive refusal on the basis of Article L. 122-9 of the Intellectual Property...