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IRIS 2013-5:1/26 [FR] Collective Agreement in the Cinema Sector: Government Names Mediator

On 28 March 2013, the French Ministers for Labour, Michel Sapin, and Culture, Aurélie Filippetti, announced that they had appointed Conseil d’État member Raphaël Hadas-Lebel as mediator in order to attempt to reach an agreement on the collective agreement in the cinematographic production sector. The sector has been negotiating a collective agreement for nearly ten years. An agreement was signed on 19 January 2012 by most of the employee unions and by just one employer organisation, the association of independent producers (Association des Producteurs Indépendants - API), which is an umbrella organisation...

IRIS 2013-5:1/25 [FR] Negotiations on the EU/USA Free Trade Agreement: National Assembly Defends Cultural Exception

On 10 and 17 April 2013, first the French National Assembly’s European Affairs Committee and then its Cultural Affairs Committee adopted a draft resolution defending the cultural exception as part of the negotiations on the free trade agreement between the European Union and the United States. On 12 March 2013, the European Commission had adopted a draft mandate authorising the opening of negotiations on a comprehensive agreement on trade and investment between the European Union and the United States, entitled “Transatlantic Trade and Investment Partnership”, which would include cultural and audiovisual...

IRIS 2013-5:1/24 [FR] Reality TV - Participant’s Death Obliges CSA to Re-Open Case

The reaction of the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) was not slow in coming, following the announcement of the death of a participant during filming of the new season of the successful adventure reality TV broadcast Koh-Lanta (an adaptation of Survivor). Since the launch of the first reality TV programme (Loft Story, in 2001), the CSA has considered a number of the issues raised by these programmes (see IRIS 2001-5/9). Its concern has taken the form of a Deliberation in 2005 on young viewers, and the establishment in 2011 of a list of recommendations on...

IRIS 2013-5:1/23 [FR] Useful Details from the Court of Cassation on Film Soundtracks

On 19 February 2013, the Court of Cassation delivered an important judgment on a matter of neighbouring rights in a dispute over the soundtrack for the film Podium, starring a look-alike of the singer Claude François. In the case, Spedidam, the society for the collection management of the neighbouring rights of performers of music and dance, claimed that the producer of the highly popular film had created the soundtrack of the film without obtaining authority from the performers concerned, using recordings made before neighbouring rights were protect by the Act of 3 July 1985. Collection agreements...

IRIS 2013-5:1/1 European Court of Human Rights: Eon v. France

In a Chamber judgment of 14 March 2013 the European Court of Human Rights made clear that the French president should not be overprotected against insulting statements, especially when these statements, with a satirical undertone, have been uttered as part of a public or political debate. The case concerns the criminal conviction of Hervé Eon, a socialist and anti-GM activist living in Laval, for insulting the President of France, Mr. Sarkozy. In 2008, during a visit to Laval by the President of France, Eon waved a small placard reading “Casse toi pov’con” (“Get lost, you sad prick”), an allusion...