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On 17 June 2011, the Conseil d’Etat, acknowledging the CJEU’s “Padawan” judgment (see IRIS 2010-10/7), cancelled Decision 11 of the “private copy” committee responsible for determining the types of media, the rates of remuneration, and the method of paying the remuneration for making a private copy provided for in favour of rightsholders in application of Articles 311-1 et seq. of the French intellectual property code (Code de la Propriété Intellectuelle - CPI) (see IRIS 2011-7/20). The justification for the cancellation was that all the media were subject to the remuneration, without any possibility...

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,...

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...

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...