In application of article 71 of the March 5, 2009 law regarding audiovisual communication and the new television public service, the French government has adopted a regulation on July 24, 2009 setting forth the legislative part of the Code of Cinema and Animated Image. This new code replaces the former Code of the Cinematographic Industry, which was created in January 1956.
The main changes are the following:
- The Centre National de la Cinématographie changes its name into Centre National du Cinéma et de l'image animée but keeps its abbreviation (CNC). In fact, the CNC had already expanded its range of action beyond cinema, and was already acting in TV production, video, VOD, video games, etc.
- The different CNC functions are clarified: on the one hand, missions conducted under the authority of the minister of culture (observation, finance, control, information, archive safeguarding, fight against piracy[1]) and on the other hand, missions conducted by the CNC chairperson for the account of the State (regulation preparatory works[2]).
- A board of administration is formed, composed of State representatives, members of the highest courts, employees representatives[3]. The principle of consultation of the industry professionals is reaffirmed[4].
- The new code abolishes certain administrative authorisations to work in various branches and professional cards for technical crew members[5]. The theatrical activity remains however subject to an authorisation. In practice, in order to obtain various services and supporting actions, companies will still have to submit a great deal of information.
- The thorough box office control system is extended to video revenues and includes possibilities of penalties.
- Finally, regarding the media chronology in general and video on demand in particular, the Code now includes a title III devoted to the chronology of the different film exploitations: chapter one - videogram exploitation (article L231-1), chapter two - on demand exploitation (article L232-1), chapter three - TV exploitation (article L233-1), chapter four - general principles (articles L234-1 à L234-2)[6].
Download the legislative part of the Cinema Code here.
[1] Article L111-2 sets forth the missions : 1° To observe the industry evolution, its technical, legal, economical and social environment as well as the conditions of training and access to its various careers. 2° To contribute to financing and developing the industry and to facilitating its adaptation to market and technological evolutions. 3° To control the industry revenues. 4° To register documents and agreements, and communicate to rightholders information regarding revenues. 5° To collect, keep, restore and value the cinematographic heritage. 6° To participate to the fight agains piracy of audiovisual and multimedia works.
[2] Article L111-3 lists the 15 main powers the CNC chairperson holds in the name of the State.
[3] Cf. article L112-1.
[4] Cf. articles L111-2.1°b) and L112-2.
[5] These authorisations will fall at the latest on January 1, 2011. Cf. articles 9, 10 and 12 of the July 24, 2009 regulation.
[6] The media chronology will be detailed further in these columns.