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IRIS 2015-1:1/19 [FR] Conditions for copyright protection of a television programme

On 10 October the regional court in Paris delivered an interesting judgment which recalled how problematic it can be to have tv formats protected by copyright. In the case at issue, a man said he had sent an audiovisual production company two plans for broadcasts, the name and summary of which had been deposited with a copyright society online. When he discovered that a television channel had broadcast a programme entitled “On ne demande qu'à en rire” produced by the same production company, which he considered infringed his copyright in respect of the programme projects, he instigated court proceedings...

IRIS 2015-1:1/18 [FR] Court finds against virtually unaltered take-up of a legal case in a reality law TV programme

After a court decision under the urgent procedure early last year (see IRIS 2014-4/15), it was the turn of the regional court in Paris to deliberate on the merits of the Intime Conviction case. The dispute arose as a result of the broadcasting by channel “Arte”, in February 2014, of a cross-media programme entitled Intime Conviction. This consisted of three parts: a television film following the course of the investigation into the death of the wife of a forensic doctor, “Dr Villers”; a web series reconstituting the court proceedings against the doctor, including the deliberations, in video format;...

IRIS 2015-1:1/17 [FR] French IAPs ordered to block access to Pirate Bay sites

After Allostreaming in November 2013 (see IRIS 2014-1/23), it is the turn of the Pirate Bay constellation to be blocked by order of the regional court in Paris. SCPP, the company which collects and redistributes royalties for a catalogue covering more than 80% of the recognised rights held by the producers of phonograms, had produced proof that the Pirate Bay site was offering links to download phonograms in its repertoire. The phonograms at issue were both old and new and by artists of both French and other nationalities. Having had no success in asking the said site to delete the links at issue,...

IRIS 2015-1:1/16 [FR] Conseil d’État confirms two decisions by Private Copy Committee

Two judgments, delivered by the Conseil d’État on 19 November, have confirmed recent decisions on private copying remuneration adopted by the responsible committee and which had been contested by representatives of industrialists and distributors of electronic equipment and a number of manufacturers. These were Decision 15, which laid down the remuneration for most media, and Decision 14, which reinstated the remuneration for tablets following the annulment by the Conseil d'État of the committee’s previous decision on the topic. The applicants had challenged a number of points, including not only...

IRIS 2014-10:1/18 [FR] CSA’s refusal to authorise LCI’s move from pay TV to freeview: the next stage in the courts

In a decision delivered on 23 October 2014, the Conseil d’État judge sitting in urgent matters rejected an application from the channel LCI to suspend the decision to refuse the approval of the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) to move from pay TV broadcasting to freeview. It should be remembered that a CSA decision delivered on 29 July 2014, elaborated on the basis of Article 42-3 (4) of the Act of 30 September 1986, refused granting LCI the approval it requested to change the way in which its digital TV service was financed, with a shift from pay TV to...