Copyright Disputes Earlier The Csa (France)

                                                                  

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It may seem that the "natural" forum for resolving copyright disputes betwixt a TV channel as well as a collective administration organization (exercising or managing copyright as well as related rights on behalf of its members) is a courtroom of law.

An ongoing dispute betwixt French pay-tv channel Canal + as well as the organziation representing authors as well as composers of dramatic industrial plant (SACD) is a timely reminder of the purpose that the CSA (Conseil supérieur de l'audiovisuel or audio-visual regulatory body) tin too play inwards such cases.

As reported inwards the press (see here), SACD has brought its dispute alongside Canal + over payment of copyright fees earlier the CSA.  It claims that the latter has jurisdiction inwards such matters as well as this would indeed appear to hold upwards the case.

Article 42 of the Act of thirty September 1986 provides (in relevant part):

"Broadcasters [...] may hold upwards placed on formal notice [by the CSA] to comply alongside their obligations nether constabulary as well as regulations as well as nether the principles set out inwards Articles ane as well as 3-1."

Article ane of the Act, which guarantees the liberty to broadcast, sets out diverse limitations to such liberty including the abide by of others' property.  Inasmuch every bit it has been clearly recognized past times (French as well as European) courts that the latter appear includes intellectual property, the instance inwards favour of the CSA's power to act under Article 42 inwards cases of intellectual belongings infringement is strong.

Moreover, a broadcaster enters into an understanding (convention) alongside the CSA when it obtains its license as well as such agreements to a greater extent than oft than non too stipulate that it is incumbent upon the broadcaster to abide by tertiary parties' intellectual property.

Among the parties having standing to select such matters earlier the CSA are professional as well as matrimony bodies representing the audio-visual sector. 

Naturally, the measures the CSA may accept inwards the upshot that it finds that at that topographic point has indeed been a violation of a protected regulation (such every bit the abide by of intellectual property) are unlike inwards nature to those a courtroom would accept (e.g., ordering payment of fees as well as awarding damages).  The CSA may suspend the broadcasting license, impose a fine or, inwards extreme cases, revoke the license.