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IRIS 2013-9:1/15 [FR] Collective Agreement for the Cinema Industry - Partial Suspension of Extension Order

On 6 September 2013, the Conseil d’Etat, deliberating under the urgent procedure, partly suspended implementation of the order issued by the Ministry of Labour on 1 July that extended the national collective agreement for the cinema industry signed in January 2012 by the unions of employees and the association of independent producers (Association des Producteurs Indépendants - API, whose members are Gaumont, Pathé, UGC, and MK2). According to the decree, the agreement, which determines the remuneration to be paid to workers and technicians in the cinema industry (feature films and publicity films),...

IRIS 2013-9:1/14 [FR] Ban on Horror Film for Under-16-Year-Olds Contested

In 2010, the commission for the classification of cinematographic works proposed banning under-16-year-olds from watching the film Saw 3D Chapitre Final, the final chapter in a series of successful horror films, with the warning that the film “includes a large number of particularly realistic torture scenes and a high level of brutality, indeed even savagery”. Following this proposition, and in application of Article 3 of the Decree of 23 February 1990, the Minister for Culture and Communication granted the film a screening certificate on condition that it was not to be shown to anyone under the...

IRIS 2013-8:1/17 [FR] Legal Deposit of Films with the CNC must be in both Digital and Photochemical Format

In a decision issued on 28 June 2013, the Conseil d’État has given more details of how the legal deposit of films with the national centre for the cinema and animated images (Centre National du Cinéma and de l’Image Animée - CNC) is to function. In the present case, two unions of film producers contested in the courts the provisions of Article 13 of the Decree of 19 December 2011, which introduced an Article R. 132-28-1 into the Heritage Code requiring, for cinematographic documents, that two copies be deposited with the CNC - one digital copy, and one photochemical copy (i.e. on 35 mm film). Contesting...

IRIS 2013-8:1/16 [FR] Illegal Downloading: Penalty of Refusing Internet Access Abolished

By a decree issued on 8 July 2013, in accordance with the recommendations of the Lescure report submitted to the Government in May (see IRIS 2013-6/19), the Minister for Culture abrogated Article R. 335-5-III of the Intellectual Property Code (Code de la Propriété Intellectuelle - CPI), thereby abolishing the penalty of refusing Internet access to anyone failing to secure their access to the network and as a result having allowed illegal downloading (see IRIS 2010-10/30, IRIS 2010-9/24, IRIS 2010-1/23, IRIS 2009-7/20, IRIS 2008-10/15 and IRIS 2008-7/16). The offence of “gross negligence” and the...

IRIS 2013-8:1/15 [FR] Streaming: CSA Pronouncement in Dispute between France Télévisions and Playmédia

On 23 July 2013, the audiovisual regulatory authority (Conseil Supérieur de l'Audiovisuel - CSA) delivered its decision in the dispute between France Télévisions and the company Playmédia, which edits the Play TV site broadcasting (live and via streaming) nearly 70 television channels with unlimited access, without requiring registration. The public-sector television group, which wishes to promote its own Internet broadcasting service Pluzz, called for a ban on Play TV rebroadcasting its channels (France 2, France 3, France 4, France 5 and France Ô), which it claimed was “siphoning off” the group’s...