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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...

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...

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...

On 9 October 2013, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) announced that it had served an official warning on France Télévisions for having promoted books by the companies’ presenters on a number of occasions during the summer. As the CSA pointed out, while it was possible to invite celebrities to present the goods or services they have been involved in, care needed to be taken to ensure that it did not become surreptitious advertising, which is prohibited by Article 9 of the Decree of 27 March 1992. The warning comes in response to the presentation on 14...

In a decision of 2 October 2013, the Court of Cassation delivered a noteworthy decision recalling the party on which the burden of proof falls in cases of infringement of copyright. In the case at issue, the author of a novel claimed that several episodes of the television series Plus Belle la Vie broadcast in the summer of 2009 and the spring of 2010 on the channel France 3 used the theme, plot and main characters of his work. He therefore instigated proceedings for infringement of copyright against the company France Télévisions, in its capacity as the broadcaster, and the production companies...