France: : Conditions for copyright protection of a television

• Autores: Amélie Blocman
• Localización: IRIS: Legal Observations of the European Audiovisual Observatory, ISSN-e 1023-8565, Nº. 1, 2015, págs. 18-19
• Idioma: francés
• Texto completo no disponible (Saber más ...)
• Resumen

  • On 10 October the regional court in Paris delivered an interesting judgment which recalled how problematic it can be to have tv formats protected by copyright. In the case at issue, a man said he had sent an audiovisual production company two plans for broadcasts, the name and summary of which had been deposited with a copyright society online. When he discovered that a television channel had broadcast a programme entitled �On ne demande qu'à en rire� produced by the same production company, which he considered infringed his copyright in respect of the programme projects, he instigated court proceedings against the company for infringement of his copyright and, in the alternative, for unfair competition. The defendant company contested the copyright protection of the applicant's plans, on the grounds that the characteristics being claimed were common. The court began by recalling the principle that a programme project can constitute an intellectual work, subject to two conditions. Firstly, the person claiming protection under copyright must describe the creation in sufficient detail to allow its identification (in respect not only of its procedure and mechanisms, but also of everything concerning its form, such as sets, framing, soundtrack, colour codes, etc). Secondly, the person must demonstrate that the programme is the result of creative activity expressing the creator's personality, conferring originality.