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IRIS 2013-6:1/18 [FR] Relations between Producers and Television Channels - Towards Revised Regulations?

The Senate’s Committee on Culture, Education and Communication has asked a working party to draw up an inventory of the state of audiovisual production in France and to consider ways in which the current regulations could be improved. These current regulations are based on the principle of broadcasting quotas and the contribution of service editors to production, while promoting independent production. After 27 hearings and meetings with more than 70 persons, Senator Jean-Pierre Plancade has now published his report. As he emphasises, “in the field of audiovisual production, it is industrial policy...

IRIS 2013-6:1/17 [FR] Presentation of Bill on the Independence of the Public Audiovisual Sector

It was one of François Hollande’s campaign promises. At the meeting of Ministers on 5 June 2013, the Minister for Culture and Communication submitted a draft framework law and draft legislation on the independence of the public audiovisual sector with a view to re-establishing the legislation in force before the reform of the audiovisual sector in 2009 (see IRIS 2009-4/14), by giving the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) once again the power to appoint the CEOs of the public-sector audiovisual companies (France Télévisions, Radio France and Audiovisuel...

IRIS 2013-6:1/16 [FR] Participants in Temptation Island are not “Performers”

On 24 April the Court of Cassation delivered a notable decision. It was the first time the Court had deliberated on whether participants in a reality TV programme (in this case Temptation Island) could claim recognition as performers. 53 former participants in the programme were claiming just this, together with the payment of the corresponding social contributions. The court of appeal had turned down their claims, so they took their case to the Court of Cassation. Article L. 212-1 of the Intellectual Property Code states that protection as a performer is afforded to any person who “represents,...

IRIS 2013-5:1/28 [FR] New Agreement Between YouTube and SACEM Signed

The French society of music authors, composers and editors (Société des Auteurs, Compositeurs et Éditeurs de Musique - SACEM) and the on-line video platform YouTube, which is owned by Google, have reached an agreement to ensure remuneration for rightsholders whose works are made available for viewing on the site. The agreement follows on from the agreement concluded in September 2010 that covered the period from 2006 to 2012 (see IRIS 2010-10/32). Concluded for a period of three years, and retroactive to 1 January 2013, this new agreement allows greater transparency, through better coordination...

IRIS 2013-5:1/27 [FR] HADOPI Delivers Opinion on Interoperability of Blu Ray Protection

On 8 April 2013, the high authority for the broadcasting of works and the protection of rights on the Internet (Haute Autorité pour la Diffusion des Œuvres et la Protection des Droits sur Internet - HADOPI) delivered its opinion on a question on the interoperability of the technical protection measures applied to “Blu Ray” DVDs. The association VideoLAN, the editor of the freeware (i.e., software with a source code that may be accessed and modified by its users under the terms of their licence) entitled “VLC Media Player”, the purpose of which is to read media files in the largest possible number...