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IRIS 2013-8:1/16 [FR] Illegal Downloading: Penalty of Refusing Internet Access Abolished

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...

IRIS 2013-8:1/15 [FR] Streaming: CSA Pronouncement in Dispute between France Télévisions and Playmédia

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...

IRIS 2013-7:1/12 [FR] Collective Agreement on Film Production: Signing of the Extension Decree

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...

IRIS 2013-7:1/11 [FR] Private Copies: Apple Ordered to Pay EUR 5 Million in Fees to Copie France

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...

IRIS 2013-7:1/10 [FR] Takeover of TPS by Canal Plus: Competition Authority Approves the Three Benchmark Offers of Groupe Canal Plus

By its decision of 7 June 2013, the Autorité de la concurrence (Competition Authority) approved the offers made by Groupe Canal Plus to carry independent channels and make film channels available. On 23 July 2012, the Authority had authorised the acquisition of TPS and CanalSatellite by Vivendi Universal and Groupe Canal Plus, subject to compliance with injunctions likely to bring about sufficient competition on the pay-TV markets (see IRIS 2012-8/25) .The aim of those injunctions was to set up clear rules of access to CanalSat by independent channels and to open up access by competing distributors...