Translation with SYSTRAN Links

Speech of Francine Mariani-Ducray at the time of the Day of TV creation, on June 28th, 2016

Publication date: Wednesday, June 29, 2016

You made me the honor be invited to mark a time in your exchanges of this June 28th, 2016, I sincerely thank you. Your day is far from being finished and you will approach this afternoon of the subjects as important as the concentration and the critical size in the field of the audiovisual production.

I must first of all express you the very cordial encouragements of President Schrameck, who intervened on several occasions in front of you, but who was unfortunately not available today. And to tell you that the whole of the CSA follows with great attention the development of the French and European audio-visual production. It supports your projects, collectively like company by company, because audio-visual creation that you carry is an essential component of the culture of our fellow-citizens, the European public and televiewers all over the world; and it is a pillar of the economy of audio-visual as a whole. The capacity of growth and radiation of the French production of programs is thus a natural and constant concern for the CSA.

You decided to treat today several major questions of the transformation of the uses and the economy of the audio-visual one. I retain in particular the two sets of themes that are creation for the young generations and the concentration of the audio-visual companies, and I take care not to mention the consequences here to be drawn in the weeks and month to come from Brexit in the world from the audio-visual one.

You are right collectively to search the attention of the young people for your creations. They are a minority of the public of today, they are the public of tomorrow. They look at only little the family television set, they are at the same time individualistic in their uses and gregarious in their research of generational programs; the music and the game-videos constitute one of specificities of their consumption media very as much as their practice of the contents to the request, the social networks and the mobile; in the same way, their need for information is not satisfied any more of the large tv news. And they are themselves creative. The conference of the CSA on “the screens and the young people” of December 2014 had highlighted some of these features.

The creative resources of new technologies of virtual reality, on which the French companies are very active, and that you approached today, undoubtedly are part of the working tracks to allure new age groups.

Several other elements seem very encouraging concerning the development of consumer loyalty of the young public.

Initially, and even if the quantification of this phenomenon is difficult, any door to think that the audio-visual “contents” which it searches on other supports are many works and of the television programs – series initially, but also of the humorous programs or emissions of guardianship. Then measurements of audience of linear television and the services of correction and video on demand of our groups editors show, on the one hand, that the French fiction is strongly contributrice with the total audience of the chains and, on the other hand, that successes of audience to the antenna make successes of the programs to the request (I think for example of the scores of the series Do not make Ci, do not do that, or the Witnesses). France leaves little by little its mysterious singularity within the principal European countries, in which the national fiction always is looked at. So in 2012, the 10 best audiences of the fiction in France were carried out by American programs, in 2015, as the study shows it which the CSA publishes today, the French fiction is undoubtedly in the first places (6 fictions out of the 10 first, and one of them, the Influence, for the first time in first rank). The 52 the short minutes and either fictions are well installed in this prize list.

This rise of the French original fiction undoubtedly benefits from two concomitant phenomena. We initially arrived at the end of a cycle of great “procedural” American series which strongly occupied the screens during the last decade. Then, the fragmentation of audience of our audiovisual landscape has a mechanical effect on the power of the programs. However this revival is especially due to the massive and constant effort of the editors, the producers, the creators who gather to write, turn and expose fictions, series which, more and more, are at our contemporary company what were the novels of Dumas or Zola to the public of the last times. Congratulations thus with the producers and the authors and artists who can imagine and film rich stories, demanding, captivating, addictive for all the ages. They furnish the proof of the audio-visual talents to the French manner.

From this point of view, we can consider that the reforms brought in 2009 and 2010 to the mode of the contribution of the chains to the audiovisual production, which carried the accent on a field of works known as patrimonial, was relevant. The framing of the mode of the audiovisual production should not thus move away today from this objective. But, and it is one of the aspects of your discussion to come this afternoon, all the actors of audio-visual French and European must stick together to draw the best from the irruption, had a presentiment of it there has 6 or 7 years, licenses today, of the new access modes to the audiovisual programmes and of the new companies which promote them. Those is for you, they are happy, of new customers. On the other hand, international competition is not exerted any more apart from our territory but directly here.

In this new context, the French audio-visual groups under regulation are confronted with a major challenge, and it matters that the producers, who still draw, and will undoubtedly draw durably, the major part of their incomes of these audio-visual groups, face it with them. It seems to me that the evolutions of the uses of the audiovisual programmes lead to watchings “with the demand” for continuous increase, the linear program being used more and more as window with media libraries of programs accessible to the request or on subscription. These services were initially anticipated by nonEuropean actors and the European actors set up services at the request, initially, in a way more defensive than aggressive, fear, undoubtedly, “to eat” their chains.

But the fact is that all the groups audio-visual, public or private, hertzian or not, financed by the subscriptions or by publicity, must imperatively develop these media libraries, which are besides a major cultural opportunity for the public – never the legal accessibility of the programs was not also large apart from the linear diffusion. Producers, having them right, must absolutely to continue to accompany transformation digital by groups audio-visual classical, because these groups have a culture of company and a legal environment which preserve the implementation of the French cultural exception, that which supports the prefinancing and the remuneration of works and the creators.

With constant legislative environment, these transformations call agreements between editors and producers who redefine their interest interdependent with success of the French programs. The signed agreements at the end of 2015 and in May 2016 by France Televisions and group TF1 are excellent model. This model must allow the groups of diffusion, while giving to the independent production companies a multiannual visibility on their workload, to undoubtedly manage their orders of programs according to methods which reinforce the economic development strategy suitable for each one of them, according to at least three axes:

  • Initially, that they can accelerate their digital transformation so as to attract on the programs which they publish a maximum of public (a good linear audience supports a good nonlinear audience and the value of resale of the programs); thus the rights of linear and nonlinear exploitation must be able to be negotiated as of the design of the programs;
  • Then, because of the importance of the financing of the production which results from the investment of the diffusers, those must be reassured at the same time over the duration of the yielded rights and the condominium of the programs which they very strongly préfinancent;
  • Lastly, it is necessary as far as possible to accompany international expansion by the diffusers; this development is also yours, that of your capacity with préfinancer, to coproduce, sell, with European partners and international.

The CSA like, I think, the ministry for the culture and of the communication, hopes sincerely that the very profitable approach of negotiations of agreements which prevailed with France Televisions and group TF1 can continue with the other groups, in particular the Channel group More and M6 groups it, but also with the paying chains joined together within the Access, by taking account as of economic characteristics and of the competing universe of each one. With the encouragements of the Parliament lavished during the discussion of the projet de loi “Creation”, and according to the tracks which the CSA wished to parallel to trace the efforts of the Government by three documents published at the end of 2015 and at the beginning of 2016, your professional organizations showed that, within an unchanged legislative framework as for the relations between editors and producers, there exist important margins of interprofessional agreements, conventional transpositions and even of lawful, advantageous installations with all, editors, producers, authors.

The Council greets your constructive method and wishes that it lead with the whole of the editors. The fact that two major audio-visual groups, public and deprived, signed with you and distributors an agreement on the mode of attribution of the mandates of marketing and the rights of exploitations secondary of works which you coproduce with them, is extremely encouraging. The result was long (it acts to apply fully a law of at the end of 2013!) but the negotiation took place with a large number of editors and the result appears to the CSA structuring for the operation of the market of the rights. The Council does not doubt that the definition of rules of negotiation of the equitable, transparent mandates and nondiscriminatory will be worth little by little, in an explicit or implicit way, for the whole of the programs which you produce for the TV channels.

During last months and I hope for it during month to come, you renewed and you will continue to renew the interprofessional relation with the groups editors. You went until facilitating a capital intensive partnership reinforced between the mainly diffusion groups and the companies of production. You also know that there does not exist single model of development of the audio-visual activity in a world where, seems it, convergence between the distribution, and the edition and the production, are concretized more massively. Can coexist of more integrated groups “vertically”, of the groups exclusively editors, the companies “pure players” in production, of the groups of production which reach a size of European champions, very independent companies of production and modest size whose certain owners are at the same time authors and producers. The CSA, in any case, by no means practises the single thought on a particular model of development. What it observes, it is that, with the agreements of transparency of the estimates – that the law “Creation” encourages, with the recognition by this law of the role of the distributors of programs, with your agreements on the attribution of the mandates of marketing, the French audio-visual market gains in organization, on the surface, of reliability. It is a true sign of progress and maturity.

The CSA works assiduously in addition with the modernization of the European legal framework, in the interest of the French and European audio-visual companies. I would like to underline in front of you utility of the method followed within the framework of the group of the regulators of the Union, the ERGA, created on the initiative of president Schrameck in 2013. Indeed, the proposal for a revision of the directive Services of audio-visual mediums which the European Commission made public the month last largely takes account of the recommendations which were made to him by the ERGA. Among them, I would like more particularly to mention the possibility given to the Member States to apply their devices of financing of creation to the services targeting their territory while being established in another country of the European Union, as well as the possible extension of the field of application of the Directive to the platforms of division of videos, comprising the exposure of European works.

Of course, it will be necessary a certain time so that the directive is adopted, and the efforts so that the platforms enter within a framework of audio-visual regulation should not be slackened.

I also specify that in all these discussions, the CSA took care that it at all is not undermined the concept of territoriality of the rights. It knows that the European actors of creation must remain vigilant on this subject because it can be trying for certain setting up a European digital market, not by supporting a Pan-European release of the rights by the contractual way, but while making compulsory such a transfer by different ways, as the file in progress shows it relating to Sky the U.K. and several large American movie studios. However we do not forget that only the large actors of family GAFAN (with NR as Netflix) have today the ability systematically to finance European rights of exploitation (and besides world). Let us be thus vigilant on this subject, while facilitating the emergence of services of audio-visual mediums to the request, conceived by French and European actors, with European and international aiming; some of our French groups are harnessed there, it should be assisted.

We are in one year particular: the legislature finishes soon, the programs for the next legislature start to take shape concerning the audio-visual sector. Several legislative stages were already reached since 2013, and the laws on the creation and the independence of the media or the digital Republic will be soon voted and promulgated. One should not waste any week in the implementation of the strategic projects of the ones and others, by benefiting from the recent or very nearest legislative measures. They leave a big space of action to the independent producers. More they will agree quickly, as of this year, with the groups editors, more they will cope with the national and international challenges with solidity and visibility. For the Superior council of audio-visual, that can only answer the interest of the televiewers, which orders its regulating action.

Very good works this afternoon, this summer, this year. Accept, I request from you, my sincere homage to your action of detection and development of creative talents.