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Legislation of 1 February 2012 intended to strengthen ethics in sport and the rights of sportsmen and sportswomen has amended Article L. 333-7 of the Sport Code by providing that “the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) shall lay down the conditions for broadcasting brief excerpts (of sport competitions) after consulting the French national Olympic committee (Comité National Olympique et Sportif Français - CNOSF) and the organisers of the sport events referred to in Article L. 331-5” (see IRIS 2012-3/22). Since 1984, Article L. 333-7 of the Sport Code, has...

A company co-producing full-length films that signed a contract with two executive producers for the co-production of the film Sans Arme, Ni Haine, Ni Violence, which came out in 2008, has brought court proceedings against the executive producers, claiming that they infringed the provisions of the contract by failing to keep to the budget, the financing schedule and even the scenario for the film as set out in the contract. The company alleged that the executive producers had submitted an excessively high budget in order to obtain more financing, and had allowed themselves remuneration very much...

The 17^th chamber of the regional court in Paris and the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) have been referred to in turn on the matter of the use and broadcasting of the image of prisoners, who invoke their entitlement to privacy and the right to be forgotten. As part of the programme entitled Enquêtes Criminelles, the television channel W9 broadcast a report on a widely-reported case in 1991 in which four soldiers were given life sentences for a number of rapes and murders carried out in a particularly barbarous fashion. One of the men sentenced,...

For the first time in a judgment on the merits, the European Court has clarified that a conviction based on copyright law for illegally reproducing or publicly communicating copyright-protected material can be regarded as an interference with the right of freedom of expression and information under Article 10 of the European Convention. Such interference must be in accordance with the three conditions enshrined in the second paragraph of Article 10 of the Convention. Due to the important wide margin of appreciation available to the national authorities in this particular case, the impact of Article...

Launched on 25 September 2012, the “mission of concertation on digital content and cultural policy in the digital age” (“Culture Act II”) headed by Pierre Lescure drew up its first interim report on 5 December 2012. The mission is scheduled to send its final report to the Government on 15 March 2013, and in December it proceeded to hear sixty bodies, companies and individuals out of the hundred or so that are to be heard. Its work focuses on the following three topics: public access to cultural works and development of the legal offer; remuneration for creators and the financing of creation; the...