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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...

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...

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...

On 22 October 2012 the Conseil d’Etat judge sitting in urgent matters rejected the application made by Canal+ under the urgent procedure for the suspension of the decision by the competition authority (Autorité de la Concurrence) on Vivendi Universal and Groupe Canal Plus taking exclusive control of TPS and CanalSatellite. It will be remembered that the decision of the Minister of the Economy on 30 August 2006 authorised the companies Groupe Canal Plus and Vivendi Universal to gather together within the company Canal Plus the activities of the pay television channel TPS and of the Canal Plus group....

On 3 July 2012, the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) authorised six new free-view high definition (HD) channels on terrestrially-broadcast digital television (HD1, L’Equipe TV, 6 ter, Tvou la Télédiversité, RMC Découverte, Chérie HD). On 24 July 2012, in the presence of representatives of the channels, the authority drew lots for allocating numbers to these six new channels, which are to start broadcasting on 12 December 2012. The new numbering is the result of firstly the allocation of the logical numbers 1 to 29 to the national television services previously...