Resumen de France: : Audiovisual communication companies have exclusive right to authorise making their programmes available on demand, including via deep links
On 2 February 2016 the Court of Appeal in Paris delivered an interesting decision in the case between Play Media, editor of the Play TV site, and France Télévisions. The site had been offering a free and subscription-free service broadcasting television channels live since 2010, for which the regional court in Paris (Tribunal de Grande Instance - TGI) had ordered it to pay France Télévisions more than a million euros (IRIS 2014-10/13). In refusing Play Media the right to claim it was acting on the must-carry principle instituted by the Audiovisual Act of 30 September 1986, in which the TGI found that broadcasting France Télévisions’ programmes without its authorisation constituted an infringement of copyright and neighbouring rights, and found wrongful use of the community and French brand names owned by the public-sector television group.
