L'Île de la tentation

Key takeaways

At first glance, this has nothing to do with video games. Contestants from the French reality show L'Île de la tentation claimed performer status. The French Court of Cassation refused: they play no role and perform no work, they simply act as themselves in front of the camera.

Why does this ruling matter to us? Because it sets the test that counts for players who broadcast their playthroughs. A player who merely runs through a game's mechanics resembles those contestants. One who brings a genuine personal interpretation, through narration, style or staging, could one day claim neighbouring rights.

The provision at issue is Article L. 212-1 of the French Intellectual Property Code: a performer is a person who acts, sings, recites, plays or otherwise performs a work. Two elements are therefore needed, a work and a personal interpretation. The Court noted that the participants had “no role to play and no lines to say”, and were only asked to be themselves. It did confirm, however, that they were bound to the production company by an employment contract.

Applied to video games, the reasoning leaves the question open. A game is indeed a work, but is playing it performing it? No French court has yet ruled on the case of a streamer or an esports player.