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IRIS 1997-6:1/8 [NL] Supreme Court Defines Rights to Personal Privacy by non-commissioned Portraits

On 2 May 1997, the Supreme Court of The Netherlands (Hoge Raad) decided that the publication for advertising purposes of a photograph of a dancer, taken during his performance at a gay event, can amount to a breach of his right to personal privacy. The Supreme Court based its decision on Articles 21, 30 and 35 of the Dutch Copyright Act (Auteurswet), which stipulate that, in cases of non-commissioned portraits, the portrayed person retains a reasonable interest to oppose the use of his picture for commercial and advertising purposes. The use of a picture for advertising purposes necessarily involves...

IRIS 1997-5:1/20 [GB] New Advertising and Sponsorship Code for Radio

The Radio Authority ("The Authority") licences and regulates the independent radio industry in the UK in accordance with the statutory requirements of the Broadcasting Act 1990 and 1996. The Broadcasting Act 1990 makes it the statutory duty of the Authority to draw up, and periodically review a code which sets standards and practice in advertising and programme sponsorship on independent radios. The Authority has now - a month after the revised ITC Code (see IRIS 1997-4: 11) - published a new version of its Advertising and Sponsorship Code, which takes immediate effect. The changes to the Code...

IRIS 1997-5:1/7 [FR] Conseil d'Etat Authorises Commercial Break During the Broadcasting of "Gone with the Wind"

Television gets through a vast quantity of cinematographic films. It waits impatiently for the cinema screen projection period to run out to show them on the television screen. The possibility of commercial breaks then becomes an essential aspect of the televised broadcasting of cinematographic works. The subject is closely governed by regulation - firstly by the Intellectual Property Code, which protects non-pecuniary copyright very closely, and secondly by audio-visual legislation, which distinguishes between the types of television channel. Private, unencrypted channels may insert one commercial...

IRIS 1997-5:1/6 [IT] Two Court Decisions Concerning Horizontal Application of the "Television without Frontiers" Directive

With decisions issued respectively on 4 June and 11 October 1996 the Tribunals of Rome and Milan have replied negatively to the request of two different Consumer Associations to impose the broadcasters the respect of the directive. In the first case, the Tribunal of Rome, although considering that the Association had locus standi before the Court, decided that the Directive was not directly applicable in the case at hand, because it had no "horizontal effects' (i.e. it could not be enforced against a private entity if not correctly implemented). In the second case the Tribunal of Milan reached...

IRIS 1997-4:1/26 [GB] New Sponsorship Code

The Independent Television Commission has published on Wednesday 26 March a new revised Code of Programme Sponsorship which it hopes will widen the scope for sponsorship without the risk of sponsors "excessively diverting the editorial agenda for commercial purposes." The provisions of the new code have immediate effect. The main changes to the code are as follows: - Masthead programming (programming made or funded by a periodical, newspaper, book or informational software publishers which incorporates the name of the publisher in its title) to be permitted on all ITC licensed channels apart from...