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IRIS 2013-7:1/12 [FR] Collective Agreement on Film Production: Signing of the Extension Decree

It was against a backdrop of considerable tension and after ten years of negotiations that the Labour Minister, Michel Sapin, and the Culture Minister, Aurélie Filippetti, announced on 2 July 2013 that they had signed a decree to extend the collective agreement on film production. That agreement, which was signed in January 2012 by the labour unions and the Association of Independent Producers (API) and lays down the rates of pay for film sector workers and technicians, was to be extended to the entire profession on 1 July 2013, but most producers’ associations, because they are worried about the...

IRIS 2013-7:1/11 [FR] Private Copies: Apple Ordered to Pay EUR 5 Million in Fees to Copie France

In a judgment of 30 May 2013, the Tribunal de grande instance de Paris (Paris Regional Court) ordered Apple to pay, with immediate effect, to the collecting society Copie France, which is in charge of collecting private copying levies, the sum of 5 million euros in respect of the remuneration due for private copies made on on iPads sold by Apple in 2011. It should be recalled that the so-called Private Copying Committee tasked under Article L. 311-5 of the Code de la propriété intellectuelle (Intellectual Property Code) with setting the scales of private copying levies, adopted Decision No. 13...

IRIS 2013-7:1/10 [FR] Takeover of TPS by Canal Plus: Competition Authority Approves the Three Benchmark Offers of Groupe Canal Plus

By its decision of 7 June 2013, the Autorité de la concurrence (Competition Authority) approved the offers made by Groupe Canal Plus to carry independent channels and make film channels available. On 23 July 2012, the Authority had authorised the acquisition of TPS and CanalSatellite by Vivendi Universal and Groupe Canal Plus, subject to compliance with injunctions likely to bring about sufficient competition on the pay-TV markets (see IRIS 2012-8/25) .The aim of those injunctions was to set up clear rules of access to CanalSat by independent channels and to open up access by competing distributors...

IRIS 2013-7:1/3 Court of Justice of the European Union: Legality of the “Telecoms Charge” Designed to Offset the Ending of Advertising on Public TV Channels Confirmed

On 27 June 2013, the CJEU confirmed the legality of the “telecoms charge”, ruling that Directive 2002/20/EC (the so-called Authorisation Directive”) did not restrict member states’ powers to impose non-administrative charges for the provision of electronic communications services. In January 2010, the European Commission opened an infringement procedure against France concerning this charge, which amounts to 0.9% of turnover and was imposed on telecommunications operators by the Law of 5 March 2009 (Article 302 bis KH of the General Tax Code) in order to offset the ending of advertising on public...

IRIS 2013-6:1/19 [FR] Lescure Mission: 80 Proposals on Digital Cultural Content

After eight months’ work and nearly a hundred hearings, Pierre Lescure submitted a report containing no fewer than 711 pages and 80 proposals on cultural policy (including photography and publishing as well as the audiovisual scene, the cinema, and music) in the age of digital content to the President of the Republic and to the Minister for Culture Aurélie Filipetti on 13 May 2013. The key phrase in the report refers to acknowledging the supremacy of digital exploitation of these works. The proposals include a recommendation to maintain, but in a lighter form, the “graduated response” arrangements...