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IRIS 2013-1:1/22 [FR] CSA Takes up the Issue of Scripted Reality

The audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) has announced that, starting on 19 November 2012, it will hold hearings of the professionals concerned (producers, TV channels, scriptwriters, authors’ societies) regarding “scripted reality” programmes. The first broadcast of this type, “Le jour où tout a bascule”, which reconstructs stories based on true events, was broadcast on the public-sector channel France 2 in July 2011. Since then this inexpensive format, combining fiction, news and reality television, is presented on a daily basis on a large majority of channels,...

IRIS 2013-1:1/21 [FR] Government Considers Possible Convergence of CSA and ARCEP

On 21 August 2012 the Prime Minister announced he was considering the convergence of the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) and the electronic communications and postal authority (Autorité de Régulation des Communications Electroniques and des Postes - ARCEP). He has instructed a number of Ministers to send him proposals by the end of November on the changes in legislation and regulations that would be necessary. There is indeed no doubt that as audiovisual content is being increasingly shown on fixed and mobile Internet devices it is necessary to consider...

IRIS 2013-1:1/20 [FR] Lawfulness of Clause in Contract for Production of a Film Authorising its Termination on the Grounds of Failure to Obtain Financing

An unusual decision by the court of appeal in Paris on 16 March 2012 deserves mention, in that it gives details of the parameters of the obligation to use incumbent on the producer of an audiovisual work as defined in Article L. 132-27 of the French Intellectual Property Code (Code de la Propriété Intellectuelle - CPI), and more specifically its reference to an “obligation of production”. The actual production of a film does indeed depend on the possibility of the producer finding the necessary financing. In the case at issue, two directors had been entrusted with producing a full-length animated...

IRIS 2013-1:1/19 [FR] Absence of Liability on the Part of an Internet Site Offering Access to Catch-up TV Programmes via Deep Hypertext Links

In a decision delivered on 31 October 2012 the Court of Cassation rejected the appeal by the M6 group against the decision of the court of appeal rejecting all its applications in its dispute with the company that operates the TV-replay.fr site, which is an on-line guide to catch-up TV sites (see IRIS 2011-6/17). The M6 group, which operates a number of channels including M6 and W9 and their catch-up TV services M6replay and W9replay, complained that TV-replay.fr was giving direct access to its programmes by means of deep hypertext links without first directing viewers to the home pages of M6replay...

IRIS 2012-10:1/14 [FR] CSA Prohibits Several Television Channels Broadcasting the Same Programme

On 16 October 2012, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) published a deliberation “on the simultaneous broadcasting of a single programme by a number of national terrestrially broadcast television channels”. The text is directed specifically at D8, Canal+ group’s new free-view channel (see IRIS 2012-9/21) which, since its launch last month, has been broadcasting the news programme of i>Télé, the 24-hour news channel belonging to the same shareholder, every morning from 6 to 8 a.m. The heads of the competitor channel BFM TV were concerned, as they felt...