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IRIS 2015-9:1/11 [FR] Court of Cassation reviews application of collective agreement of the audiovisual production sector to a company

On 24 June 2015 the Court of Cassation delivered a judgment it decided to have published in the official gazette because it usefully defined the scope of application of the collective agreement applicable to the audiovisual production sector. In the case at issue, an employee who had been recruited by the French audiovisual group AB as a video technician with the status of a worker in casual employment in show business and had had 589 fixed-term contracts in the space of nine years had taken her case to the industrial tribunal, with claims concerning both the performance of the contractual relationship...

IRIS 2015-8:1/16 [FR] SACD calls for films to be shown on catch-up TV on France Télévisions

Pascal Rogard, president of the French society of dramatic authors and composers (Société des Auteurs et Compositeurs Dramatiques - SACD), wrote to the Minister for Culture early in the summer 2015 on the matter of showing films on France Télévisions’ catch-up service Pluzz. This was because when the public-sector audiovisual group had offered Claude Lanzmann’s film ‘Shoah’ on Pluzz for a period of thirty days on the occasion of the anniversary of the Liberation, a number of professional organisations in the cinema sector had referred the matter to the national audiovisual regulatory body (Conseil...

IRIS 2015-8:1/15 [FR] Under urgent procedure, administrative court suspends classification licence for the film ‘Love’

In a decision delivered on 31 July 2015, the administrative court in Paris suspended the classification licence allowing the film ‘Love’ to be shown to anyone over 16 years of age which the Minister for Culture had issued in early July. Gaspar Noé’s film, presented at the Cannes Film Festival and released on 15 July 2015, describes ‘a burning passion full of promises, games, excesses and mistakes…’. At the time, it was screened (in 3D) at 33 cinemas throughout France, including seven in Paris. The Minister’s decision was in line with the opinion of the CNC’s classification board, which had tacked...

IRIS 2015-7:1/16 [FR] Withdrawal of operating licence for film carrying only a ban on showing to under-16s

In a decision on 1 June 2015, the Conseil d’État upheld an application from an association contesting the screening visa (visa d'exploitation) issued by the Minister for Culture for the horror film “Saw 3D: The Final Chapter”, which carried a ban on showing to anyone under the age of 16, whereas the association felt it should not be shown to anyone under the age of 18. In the case at issue, the Minister for Culture had issued the disputed visa to the film in 2010, and required audiences to be warned in the following terms: “This film includes many particularly realistic, brutal and even savage...

IRIS 2015-7:1/15 [FR] Conseil d’État cancels CSA decision refusing DTTV channels’ switch to freeview

Two decisions handed down on 17 June 2015 by the Conseil d’État have cancelled the decisions made last July by the Conseil Supérieur de l'Audiovisuel (audiovisual regulatory authority - CSA) which refused the DTTV channels LCI and Paris Première authorisation to switch to freeview. Article 42-3 of the Act of 30 September 1986, as amended by the Act of 15 November 2013, enables the audiovisual regulatory authority to authorise a switch from pay TV to freeview (or vice versa) by waiving the standard procedure which provides for allocating a freeview DTTV frequency after first calling for applicants...