Authors
STREET ART AND AUDIOVISUAL WORKS – THE DELICATE ISSUE OF CLEARANCE
Cities are covered with numerous graffiti, collages and works of street art that are an integral part of the urban landscape and are difficult or impossible to exclude when shooting films and audiovisual works.In the summer of 2023, the Paris ...
Authors
Original soundtrack and moral right under French law
In February 2024, the French Court of Cassation had the opportunity to recall that the synchronization of a song in the form of excerpts in a film does not constitute per se an infringement of the moral rights of the ...
Film
A new coproduction treaty to support the French-Irish coproduction
A film co-production agreement between France and Ireland entered into force in 2023 to strengthen collaboration between the two countries and provide better conditions for the development and production of Franco-Irish films. We propose hereunder an overview of the terms ...
Advertising
Which agreement for models in France ?
Whether it's during fashion shows, commercials, TV shows or in various events, the use of models is frequent or even systematic. To benefit from such service without making any mistakes, it is necessary to delve into the complex and protective ...
Authors
Inventory of the protection of photographs by French Intellectual Property
In May 2023, the Paris Court of Appeal refused to grant copyright protection for lack of originality, to a selfie of an influencer who complained that a company of the fashion sector was using a similar photograph (CA, Paris, May ...
Audiovisuel
La création par intelligence artificielle (IA) confrontée au droit d’auteur
Chat GPT, Dall-E 2, Midjourney … permettent de générer du texte ou des images à partir de consignes textuelles. Pour ce faire, les IA « piochent » dans une base de données de textes ou d’images préexistants grâce aux métadonnées ...
Authors
Creation with Artificial Intelligence (AI) and copyright law
GPT Chat, Dall-E 2, Midjourney ... allow you to generate text or images from textual instructions. To do this, AIs "dig" from a database of pre-existing texts or images thanks to the metadata characterizing such sources. The possible uses are ...
Authors
A major agreement for French animation
During the 2023 edition of the Annecy Animation Film Festival, the unions of producers and authors announced an agreement on contractual practices in animation, which came into force on 1 September 2023.The latter follows on from the agreement for audio-visual ...
Advertising
A new Law for influencers in France
On June 9, 2023, an expected law on the activity of influencers entered into force in France after an accelerated legislative procedure to define their activities and regulate their presence on social networks.The stated objective of this law is to ...
Authors
An agreement for French TV fictions
During the last edition of the Lille festival SérieMania, the French Guild of Screenwriters, the SACD, and the French producers' unions SPI and USPA entered an interprofessional agreement to regulate the conditions of writing of audiovisual works. The ...
Broadcasting
BPI AT THE SERVICE OF THE AUDIOVISUAL SECTOR
In recent years, various mechanisms have been developed to support the development of creative industries, particularly the audiovisual sector. More specifically, the BPI (French public investment bank) organized a Cinema & Audiovisual accelerator since 2015 and launched in 2020 the "Plan ...
Film
Cultural patronage & audiovisual works
As patronage is very often mentioned with regard to the funding of cultural businesses and products, it seems interesting for a producer or broadcaster to consider kind of funding and to linger on the applicable conditions.In general, patronage is defined ...
Broadcasting
TV Format and difficulties to benefit from a legal protection
With the democratization of online or social media broadcasts and the rise of international broadcasting, the importance of audiovisual formats is growing. Broadcasts come in various forms and concepts, the protection of which raises questions for their authors and producers. ...
Film
Coproduction between France and South Korea
Both Korean cinematographic and audiovisual works have great visibility on the international market, whether in terms of their presence and awards in festivals: "Parasite" by Bong Joon-ho, Palme d'Or in 2019 that reached 1.9 million admissions in France, "Decision To ...
Broadcasting
NFT: rise and opportunities for audiovisual production
NFTs are experiencing massive growth and generate as much interest as questioning, particularly in the context of the artistic and cultural industries.Prior considering the prospects that NFTs offer to the audiovisual sector, it is essential to consider the definition of ...
Broadcasting
Coproduction between France and Canada : a new treaty
A new co-production treaty between France and Canada, replacing the pre-existing treaties and laying a new foundation for collaboration between the two countries, came into effect on May 1, 2022, following its signing in the summer of 2021.In this context, ...
Audiovisuel
Accords entre plateformes SVOD et organisations de producteurs audiovisuels
Dans le cadre du décret SMAD publié en juin 2021, le CSA (nouvellement ARCOM) a signé en décembre 2021 des conventions avec Amazon, Disney+ et Netflix, venant compléter les dispositions du décret SMAD et organiser les modalités d’investissement de leurs ...
Broadcasting
Agreements between SVOD platforms and audiovisual producer organizations
As part of the SMAD decree published in June 2021, the CSA (newly ARCOM) signed agreements with Amazon, Disney+ and Netflix in December 2021, to complete the provisions of the decree and organize the investment terms of their signatories.SMAD decree ...
Broadcasting
The latest changes to French aids for cinematographic and audiovisual production
2022 began with the implementation of French CNC's reform of the aid system, announced during the previous year.Indeed, during the summer of 2021, the French CNC adopted new support and measures representing a total of €90 million, including €16.7 million ...
Broadcasting
A new and shortened French media chronology
After long discussions between TV channels, VOD platforms and film organizations a new agreement was signed on January 24 to establish the new French media chronology, which provides for timeline to broadcast cinematographic films after their release in theaters.This agreement ...
Broadcasting
Gender equality : overview and measures
As the subject is already significant in society, in France and worldwide, the issue of gender equality and parity in the audiovisual and film industry deserves our full attention at the beginning of 2022.In this regard, since 2018 the French ...
Authors
Creative employees: who owns the copyright under French law ?
Works created by employees are a constant issue in terms of copyright, as in labor law. As employees take part in the development of their employer's projects, it is essential to determine who owns the copyright to the ...
Broadcasting
Challenges of developing series
Last edition of the Festival de la Fiction in La Rochelle was an opportunity for the CNC to control the data pertaining to the production and export of French series. Each year new series are produced in France, whether they ...
Broadcasting
HOW TO ORGANIZE THE PROVISION OF A FILMING LOCATION?
In feature films and audiovisual films, as in series or advertisements, actors perform in a very wide variety of places: houses, streets, parks but also town hall, police station, judicial courts, hospitals, train station, airport, laboratory, etc.In this context, it ...
Aides publiques
Les enjeux du développement et de la production d’un film d’animation
Les films d’animation français font régulièrement l’objet de reconnaissance lors des festivals, qu’ils s’agissent de films pour enfants ou adultes, de films originaux ou d’adaptation. En 2020, lors du festival d’Annecy, Calamity, une enfance de Martha Jane Cannary ...
Cinema
Challenges of developing and producing an animated film
French animated films are regularly recognized at festivals, whether they are aimed to children or adults, original films or adaptation.In 2020, during the Annecy animated film festival, « Calamity, a childhood of Martha Jane Cannary » by Rémi Chayé was awarded the ...
Film
Distribution and operation : conditions to reopen movie theaters
Despite the support provided to the professionals through various mechanisms, COVID 19 health crisis caused major difficulties for the film distribution and exhibition sector. More than a year after the first period of lockdown and on the eve of a ...
Authors
Counterfeiting of synopsis
The development phase of an audiovisual project is crucial and can last for a long period of time. It involves the drawing up of several literary documents, more or less detailed: pitch, synopsis, bibles etc. which are required to ...
Broadcasting
New funding obligation for VOD platforms
The major audiovisual reform presented at the end of 2019 by the former French Minister of Culture Franck Riester announced among its flagship measures a contribution of platforms to French audiovisual and cinematographic production. Following COVID 19 pandemic, the schedule ...
Broadcasting
Shooting in the time of COVID
In view of the health context and the difficulties raised by the COVID-19 pandemic, producers have to take many responsibilities and precautions in the context of the recovery of production’s operations and film shootings. Shooting can take place but producers ...
Advertising
New measures for movies on French TV
In June 2020, Edouard Philippe, then French Prime Minister, announced to the leaders of the private and public broadcasting sector, a division of the French audiovisual law, in order to deal with certain points as quickly as possible, despite the ...
Broadcasting
COVID-19 : French measures sustaining audiovisual and film industry
Cultural sector, and in particular audiovisual and film production, has been particularly affected by the COVID-19 pandemic crisis. Difficulties arose and concerned development as well as production and exploitation of the works and both authors, technicians, producers, distributors and theatre ...
Broadcasting
Rights clearance : a necessary step for audiovisual production
Beyond the acquisition of the rights of scriptwriters and directors or audiovisual or cinematographic adaptation rights, the production and exploitation of a picture implies to clarify the rights of all elements included in the movie. It is therefore essential to ...
Authors
Replace a director under French law : circumstances and difficulties
The production of a film is generally based on a relationship of trust and collaboration between the producer and director of such film. Nonetheless, sometimes difficulties may arise during production. The case may be, this can create a blocking position, ...
Authors
Film production and force majeure event
The actual pandemic and the ensuing containment of population naturally leads us to focus on the question of interruptions of production and exploitation of films, whether audiovisual or cinematographic.In this context, the concept of “force majeure” comes up systematically and ...
Film
Coproduction between France and Japan
The cultural relations between France and Japan have always been rich and numerous. This is also reflected in cinematography. Thus, French films are successfully exported to Japan, with € 10 million in revenue in 2017 and a sixth place in ...
Broadcasting
2020, year of the SVOD platforms?
Video-on-demand platforms have gradually taken on a huge importance when it comes to broadcasting audio-visual or cinematographic content.In particular, SVOD (video on demand by subscription) knows a major growth and represents almost 80% of the video on demand market over ...
Broadcasting
Produce VR in France
Virtual reality works have grown significantly in recent years. The exhibition of three of them at the last Cannes Film Festival (directed by Laurie Anderson and Hsin-Chien Huang) or the development of a virtual reality film competition at the Venice ...
Film
Coproducing between France and Russia and other eastern countries
Cinematographic relationships between France, Russia and the countries of the East, are perennial and if the production is not massive, it is however constant. For example, over the period 2017/2018, France co-produced 5 films with Russia and Ukraine, and two ...
Film
Coproducing between France and South asian countries
The co-production of films between France and the countries of South East Asia is relatively confidential. Nevertheless, interesting projects and partnerships can be developed and it is interesting to look at existing possibilities.There is little co-production treaties, co-production agreements between ...
Broadcasting
Subsidies for film production in the french overseas territories
Within the financing system, regional aid for audiovisual and cinematographic production has an important part and represents an investment of more than € 140 million in 2017. Within this framework, overseas departments and territories are not to be neglected and ...
Broadcasting
The Boutonnat Report : what future for film financing in France ?
The latter announced the creation of an investment fund of 225 million euros for cultural and creative companies to be managed by Bpifrance, assisted by the French Institute for the financing of film and cultural industries (Ifcic), as called for ...
Film
Coproducing between France and Middle East Countries
The release in October 2018 of Nadine Labaki’ s new film, « Capharnaüm » enhanced once again the co-production partnerships between France and Middle East countries. Previously in 2016, such partnerships have been embodied by « Je danserai si je ...
Documentary
Difficulties in producing theatrical documentaries in France
These last 10 years number of documentary feature films available for theatre exhibition doubled and reaches 17,8% of the offer with 120 documentary films in 2017 including 87 French documentaries. This strong growth is also noticeable within production, where documentaries ...
Advertising
Influencers : their legal status in France
Nowadays « influencers » are an integral part of the media space, wether they are communicating through social media such as facebook, instagram or youtube or people involved in fashion or reality shows.Naturally, the advertising industry is taking advantage of ...
Film
Coproducing with Spain or Portugal
Spanish and Portuguese directors benefit from a reputation that goes beyond their borders and are regularly selected in international film festivals. During the 2018 Cannes Film Festival, "El Ángel" by Luis Ortega was screened in the "Un Certain Regard" selection ...
Broadcasting
French regulation of public aids intensity within audiovisual production
Public supports for cinematographic production are numerous and essential within the context of French production, whether it comes from the CNC, the regions or any public body. Nonetheless, the share of public support in the financing of an audio-visual or ...
Broadcasting
Direct to VOD between strain and expectations on the French Film market
In 2017, the Cannes Film Festival included surprises regarding VOD by gathering two films produced by Netflix and not to be released in theatres in the official selection: "Meyerowitz Stories" by Noah Baumbach and "Okja" by Bong Joon-Ho. This situation ...
Authors
French IP : Who are the authors of audiovisual works ?
Article L 113-7 of French Intellectual Property Code (CPI) provides that « Authorship of an audio-visual work shall belong to the natural person or persons who have carried out the intellectual creation of the work. Unless proved otherwise, the following ...
Film
The new French film regulation for production certification
At the beginning of December 2017, the French national center for cinematography (CNC) announced the reform of the production certification scale and Ms Frédérique Bredin, president of the CNC, commented about the new system as follow "This is a major ...
Authors
Developing a Film in France
Development is a crucial step when producing a feature film. It is the period when take place both the writing and artistic development of the films by its authors and the search of financial partners by the producer (co-producers, broadcasters…). ...
Broadcasting
Panorama of documentary production
In France and in 2016, audiovisual documentaries represents 26 628 broadcasted hours and the production reached 2253 hours produced and a total investment of 405,2 M €.Unit documentaries (between 45 and 59 minutes) is the most produced format (59,3%) and ...
Film
Produce a film with an African country
The 2017 edition of the Cannes Film Festival has again highlighted films with african background. Among them, « Until the birds return » by Karim Moussaoui, coproduced with french production company Les Films Pelleas, and presented at the selection « Un certain regard ».The ...
Broadcasting
Starting a French film production company
Starting a production company requires to carefully consider the conditions in which such company will be created. It requires to: select the partners and the legal form of the company, finance the creation of the company and its activities, think ...
Corporate
SOFICA : news on french private funds for film investment
Movies an television financing companies (named “Sofica” in French) are a major actor in film and audiovisual works financing. This tax measure has undergone many changes and the related tax benefits have often been revised and gradually came down from ...
Film
Coproducing films with eastern countries
Eastern Europe cinema regularly meets success in festivals, whether they are international festivals or dedicated festivals, and in the French theatres. Among them we can evoke films of Romanian director Cristian Mungiu such as « Baccalauréat » coproduced by the ...
Broadcasting
French financing of TV series
Among French audiovisual production, it is impossible not to notice the rise of series these last pas years: dedicated festivals are flourishing in France, such as Series Series or the future Cannes series festival, and French creations are pretty successful. ...
Film
French incentives for foreign filmmakers projects
France has been a long-standing and privileged partner for international filmmakers. It is no surprise that during international festivals and awards, French co-productions are very well represented: "Timbuktu" and "The Salt of the Earth" selected for the Oscars in 2015, ...
Film
Coproducing with Scandinavian countries
During last Cannes Film Festival « Wolf and Sheep » selected at the Director’s fortnight testified of the French-Scandinavian relationships toward films’ coproduction. Indeed, Adeimat Film in Denmark and La Fabrica Nocturna in France have coproduced this first Afghani movie.More traditional and ...
Authors
Adaptation rights : how to deal with them under French law
Examples of films adapted from literary works abound in France : commercial films or author movies such as: "Moka", “A little job”, “Down by love” ... and adapted films represents about 30% of French production. We propose here an overview ...
Film
Shooting in the USA : keys of understanding
The "American Dream" is tough and many are the French producers and directors who want to make a film in the US, such as Michel Hazanavicus for "The Artist" or more recently Guillaume Canet for "Blood Ties"; We can also cite the ...
Film
Coproductions between France and Latin America
The « Caméra d’or » award attributed to the French-Columbian movie « La tierra y la sombra » directed by Cesar Acevedo, during last Cannes Film Festival brought to light the cinematographic relationships between the two countries, and more widely the relationships between France and ...
Authors
Fair use by quoting under French law
Author’s right have exceptions, which allow to avoid conviction for counterfeiting when they are invoke in a court and include the short quotation exception. It’s not a question of « short quotation right » but it’s a « short quotation ...
Authors
Script counterfeiting criterias under French Law
On September 2, 2014 Michel Hazanavicius and Thomas Langmann’s production firm, La Petite Reine, were brought before the Paris Regional Court for scenario counterfeiting with their movie « The Artist ». The charge is laid by Christophe Valdenaire, author of two short-films, ...
Authors
Video Games and French labour law
The French are now 31 millions people playing video games. It is three times more than ten years ago and the video game industry records an important growth since 40 years. Therefore in 2013, the French video game industry turnover ...
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