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IRIS 2014-1:1/21 [FR] Facebook Obliged to Re-Open Page Belonging to TV Series Fan

On 28 November 2013 the regional court in Paris delivered a noted judgment, ordering Facebook to re-open an “unofficial” fan page for the TV series Plus Belle la Vie (“PBLV”), blocked by the delegated producer in 2012. There have been more than two thousand episodes of this series (a record on French television), broadcast every evening on France 3 since 2004, attracting large audiences both on TV and on social networks. The creator and administrator of the “pblvmarseille” Internet site, an unofficial site devoted to the series, launched the “PBLV Marseille” page on Facebook in 2008. In 2012, she...

IRIS 2014-1:1/6 European Commission: “Distribution” Section of French Tax on Television Services Validated

On 21 November 2013, the European Commission validated the arrangements for the “distribution” section of the French tax on television services (“TST-D”), which finances almost 40% of the annual budget of the National Centre of the Cinema and the moving image (Centre National du Cinéma et de l’Image Animée - CNC). Introduced in 2007 and codified in Articles L. 115-6 et seq. of the Cinema and Moving Image Code, the tax is a contribution made by television editors and distributors, including telecom operators, in favour of audiovisual creation. Its tax base was extended in the 2012 Finance Act to...

IRIS 2013-10:1/25 [FR] Under Threat, HADOPI Defends its Achievements

On 10 October 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) presented the report of its activities in 2012-2013. This was of particular interest as the conclusions of the Lescure mission in May 2013 on Act II of the cultural exception recommended the transfer of its responsibilities to the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) (see IRIS 2013-6/19). During the Senate’s examination of the bill on the independence...

IRIS 2013-10:1/24 [FR] Codicil to the Collective Agreement for the Cinema Sector Concluded in Favour of the Most Fragile Productions

After ten years of negotiation, it will at last be possible for the collective agreement on cinematographic production and advertising films to enter into force. During the night of 7/8 October 2013, all the production employers’ organisations and the national union of technicians and workers in the cinematographic and television production industry (Syndicat National des Techniciens et Travailleurs de la Production Cinématographique et de la Télévision - SNTCPT) signed an agreement containing a codicil to the collective agreement. The codicil covers the waiver mechanism provided in respect of...

IRIS 2013-10:1/23 [FR] Adoption of Legislation Reforming the Public Audiovisual Sector

On 31 October 2013, the National Assembly definitively adopted new legislation and its implementing decree on the independence of the public audiovisual sector. As the texts were not adopted in exactly the same terms in both chambers when they were examined in July and early October 2013, and as it was decided to apply the accelerated procedure, a joint committee comprising seven members of the National Assembly and seven members of the Senate met on 15 October 2013 to propose a joint version. This was speedily approved by the Senate on 17 October 2013, and sent to the National Assembly for final...