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IRIS 2014-3:1/25 [FR] Freedom of Documentary Producer to Use Utterances of Interviewees for the Purposes of her Film

On 16 January 2014, the court of appeal of Douai overturned the judgment handed down in January 2012 by the regional court of Lille in the high-profile case of the documentary entitled Le Mur (not to be confused with Dieudonné’s banned show!), which criticises the treatment of autism by psychoanalysis (see IRIS 2012-3/20). Three psychoanalysts had agreed, under the terms of an authorisation to use their images and their voices, to be filmed and interviewed for the three-part documentary. When the film was released, they had called on the courts to completely ban its showing, on the grounds that...

IRIS 2014-3:1/24 [FR] Judge under the Urgent Procedure Orders Withdrawal of Extracts from a Dieudonné Video on YouTube

In a judgment delivered on 12 February 2014, the judge sitting in urgent matters at the regional court in Paris ordered the removal of two passages from the video entitled 2014 sera l’année de la quenelle by humourist/polemist Dieudonné M’bala M’bala, shown on YouTube and judged as constituting a crime against humanity and incitement to racial hatred. The video has been duplicated by other users, including other video platforms, and has been viewed more than 3 million times. YouTube refused to remove the video unless the disputed content was declared illegal by the courts, and until the judgment...

IRIS 2014-3:1/23 [FR] Contestation of Exploitation Licences for the Film Nymphomaniac (Volumes 1 and 2) 

In two consecutive decisions delivered on 28 January 2014 and 5 February 2014, the administrative court of Paris, deliberating under the urgent procedure, suspended the exploitation licence issued by the Minister for Culture to Volumes 1 and 2 of Lars von Triers’ film Nymphomaniac, which paints a psychological portrait of a young woman addicted to sex. Volume 1 was released in France on 1 January and Volume 2 on 29 January 2014. Under Articles 3 and 3-1 of the Decree of 23 February 1990, the exploitation licence issued by the Minister for Culture may be either unrestricted or combined with a ban...

IRIS 2014-3:1/22 [FR] Tax on Editors and Distributors of Television Services Declared Partially Unconstitutional

In a decision of 6 February 2014, the Constitutional Council declared the tax payable by editors and distributors of television services partially unconstitutional. In 2012, the tax yielded EUR 295.49 million, which was allocated to the national centre for the cinema and moving images (Centre National du Cinéma et de l’Image Animée - CNC). On 6 November 2013 the Conseil d’Etat referred to the Constitutional Council a priority question on constitutionality (question prioritaire de constitutionnalité - QPC) raised by the company TF1 in respect of a dispute between the company and the tax authorities....

IRIS 2014-2:1/21 [FR] Report on Financing Cinematographic Production and Distribution in the Digital Era

On 8 January, at the Conference on Diversity in Cinema (Assises pour la Diversité du Cinéma) organised by the National Centre of Cinematography and the Moving Image (Centre National du Cinéma and de l’Image Animée - CNC), cinema professional René Bonnell presented a 190-page report on financing cinematographic production and distribution in the digital age. After drawing up a thorough statement of the economy of the sector and the situation of relations between its various stakeholders, the report goes on to present the prospects for the various markets, for the cinematographic industry (cinemas,...