TSR may file suit against M6
The long-running dispute between French-speaking Swiss television TSR and the French channel M6 is entering the next round. M6 has been broadcasting with two signals in parts of French-speaking Switzerland since 2001.
The long-running dispute between TSR television in French-speaking Switzerland and the French channel M6 (see ) is entering the next round. Since 2001, M6 has been broadcasting with two signals in parts of French-speaking Switzerland. The second signal broadcasts the Swiss advertising windows. In TSR's view, the broadcaster is infringing copyright and engaging in unfair competition with these advertising blocks aimed at the local market. In particular, M6 is thus exploiting the exclusive broadcasting rights acquired by TSR for Switzerland for various films and series.After the Fribourg cantonal court concluded in January that TSR could not take legal action against the alleged copyright infringement, the Federal Supreme Court has now upheld this decision following a preliminary ruling in the middle of the year (see
According to the ruling, TSR, as the licensee, may indeed bring a copyright action directly, but must be authorized to do so by the owners of the broadcasting rights. Moreover, French-speaking Swiss television is entitled to sue for violation of the Federal Act on Unfair Competition.
On the basis of this decision, the Fribourg judiciary must now deal with the case again.
According to the ruling, TSR, as the licensee, may indeed bring a copyright action directly, but must be authorized to do so by the owners of the broadcasting rights. Moreover, French-speaking Swiss television is entitled to sue for violation of the Federal Act on Unfair Competition.
On the basis of this decision, the Fribourg judiciary must now deal with the case again.
