France has implemented two tax credit systems for the benefit of producers, both of which were recently amended. The changes – which will apply from the tax year starting January 1 2016, subject to approval by the European Commission – primarily favour the production of animation works and the relocation of foreign productions to France.
The rules regulating good-faith sports news coverage have been criticised by the holders of rights in sporting events, which argued that such rules gave overly broad broadcasting rights to television news channels for free. The Superior Audiovisual Council recently issued a new decision which aims to strike a balance between public interest considerations, editorial freedom and legitimate business concerns.
A new government order has been issued to adapt the IP Code to the digital age. Following the amendments, publishing contracts will now distinguish printed editions from digital editions of literary works. Further, a new decree extends to all authors and publishers the Code of Practice on the application of the new terms signed by the Permanent Council of Writers and the National Publishers Association.
The video recording of concerts, operas, musicals and other shows is now a common practice, and the industry around this practice is growing. However, the protection to which the producer of such an audiovisual work is entitled is still unclear. A recent Paris Court of Appeal decision illustrates this issue.
The Paris Court of First Instance recently issued an interesting ruling on copyright and the right of communication to the public as it applies online. The case involved a website which live streamed programmes broadcast by the French public services channels, on the grounds that the French must-carry regime entitled it to do so. However, the court disagreed.
The French broadcasting regulatory authority, the Conseil Supérieur de l'Audiovisuel, has rejected requests from three television channels to move from pay television to free-to-air television, holding that, despite their quality and diversity, all the channels were likely to create difficulties by compromising the editorial diversity of the free digital terrestrial television offering.
The Supreme Court has rendered four anticipated rulings in relation to Google's liability for its paid referencing service, AdWords. The four rulings implement the ruling of the European Court of Justice, which considered the cases in a referral, and annul the appeal rulings that held Google liable for trademark infringement.
In accordance with the government's aim of liberalizing the online gambling sector before the 2010 World Cup, the National Assembly recently adopted the proposed legislation as presented by the Senate so that it could be ratified and promulgated. However, the Socialist opposition has challenged the terms for liberalization before the Constitutional Council.
Search engines are not subject to a statutory liability regime. In a recent case the Paris Court of Appeal reiterated several rules relating to the technical role of a search engine. Within this framework, the court reiterated search engines' obligations and then determined how they may be held liable.