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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...

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...

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...

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...

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...