Presentation

: VOD France - Philippe Leconte -

: Legal aspects and economic news of VOD and cinema in France by Philippe Leconte, head of legal affairs of French independant cinema company PYRAMIDE

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French Version

Samedi 27 septembre 2008
According to the GfK-NPA monthly barometer, the VOD market in France kept developing at a fast pace, to reach 6 million downloads (screenings may be more accurate, to include streaming) during 2008 first semester. Over a one year period, the market has therefore doubled.

This statistic includes the entire variety of programs available on VOD. The main market booster are the American programs (+93% since first semester 2007, including TV series), titles for children, and titles for adults (NB: those are commonly estimated to represent almost a third of the market). The French programs transactions have increased by 20%.


The SVOD (Subscription VOD) is also increasing significantly, with 25.000 subscriptions per month during first 2008 semester. 


Par Philippe Leconte - Publié dans : Statistics
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Samedi 27 septembre 2008

The company Studiocanal announced it would release the film "Disco" by Fabien Onteniente simultaneously on DVD (and Blu-Ray) and VOD, on October 2, 2008, i.e. exactly 6 months after the theatrical release. The film will be released on VOD on the group's platform CanalPlay.

This is the first main infringement to the media chronology which resulted from the Interprofessional Agreement on Cinema On Demand, signed on December 20, 2005[1]. As a matter of fact, this agreement set forth a holdback of 33 weeks between theatrical and VOD releases. Since the Interprofessional Agreement expired, most of the rightholders had continued to abide its terms, including its media chronology aspects.[2]

The delay between the video and VOD releases was intended to protect the video editors. In the case of "Disco", Studiocanal holds both videogram and VOD rights (as well as theatrical rights, actually). Nothing prevents it from taking a risk on its videogram edition business.

It should be noted further that, by doing so, Studiocanal is anticipating on one of the commitments of the film industry in the "Olivenne Agreements", which was to suppress the holdback between the video and VOD releases.



[1] Download the Agreement here (in French)

[2] See the study published in November 2007 (in French)


Par Philippe Leconte - Publié dans : Media Chronology
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Samedi 23 août 2008
The ALPA association published a study according to which recent films are illegally downloaded every day in France. A figure close to the number of admissions in theatres. A movie like "Bienvenue chez les Ch'tis" (second highest number of admissions ever in France) is allegedly downloaded about 10,000 times per day. According to this study, the American films such as "Iron Man" are the most popular, with about 20,000 illegal downloads per day.

Despite the high level of these figures, the demand is not satisfied : the peer-to-peer networks answer less than 40% of the demand, ALPA says.

Considering these news, one can wonder again on the opportunity to develop very high speed internet access (optic fibres) : would it only help the illegal download of heavy files such as movies, where high speed internet access development has generalised the illegal download of light files such as music?

Par Philippe Leconte - Publié dans : Piracy
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Dimanche 27 juillet 2008
On July 23, 2008, the French cinema organisations signed with Canal+ an agreement regarding catch-up TV services by Canal+. This agreement sets forth a fee which is not flat, as for classic TV broadcast rights, but proportional to the use of the service. This fee, which is additional to the one paid for acquiring the classic linear broadcast rights, is set up at 7% of the linear acquisition price multiplied by the rate of use.

One ignores the percentage of Canal+ subscribers that actually have the technical possibility to use the service. As a first stage, the service is accessible only on the Internet and on the DSL TV service of the ISP Free. The main ISP in France (and soon competitor of Canal+ on the pay tv market), Orange, explains it faces "technical problems" to justify it currently does not offer this service to the Canal+ subscribers through its triple play offer. This is why a conventional minimum rate of 15% of use has been set, for the sake of calculation of the additional fee.

The agreement is signed for a 3-year term and includes a "meeting clause" after a year. It is likely that the rate of use remains small and that the conventional minimum rate becomes permanent. It would mean that the catch-up TV rights have been granted to Canal+ in exchange of an investment commitment which is extremely small considering the future of this right: 12% x 7% x 15% = 0,126% of Canal+'s annual resources for the European films, of which 0,0945% for the French films.

Click here to download the agreement on Canal+ Catch-up TV (in French)
Click here to read our study on catch-up TV issues (in French)

Par Philippe Leconte - Publié dans : Catch-Up TV
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Samedi 26 juillet 2008
The online shop www.cdiscount.com is allegedly to launch in September a free VOD service offering recent and catalogue films. The service would be financed by advertising (ads before / during the screening, logo inserted on screen...). Cdiscount would propose 4 free movies per month, one being specifically promoted during one week. In the beginning, the service would be accessible only on the Internet.

It is not quite sure that Cdiscount manages to convince enough rightholders to license AVOD (advertised VOD) rights to it. Indeed, the value of video, rental VOD and TV rights of a film proposed on AVOD is likely to decline strong. In addition, the choice of the AVOD place in the media chronology is sensitive : exploited too early, the AVOD may destroy the value chain, and placed after the first exclusivity exploitations, the AVOD has a small power of attraction.

On may think that if the AVOD is very successful, the film value may be ruined and subsequent exploitations impossible. On the contrary, if the AVOD audience is poor, the advertisers will loose interest in it. Would the AVOD be condemned by it very characteristics?

Par Philippe Leconte - Publié dans : AVOD - Free VOD
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