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Obligations applicable to the editors of SMAD

Obligations as regards production of works

The contribution of the editors of SMAD to the development of the audiovisual production and cinematographic is framed by the decree n° 2010-1379 of November 12th, 2010.

Are subjected to obligations of contribution to the production the services of audio-visual mediums to the request which carry out an annual turnover Net higher than ten million euros and:

  • at least ten cinematographic works propose annually: release of the obligations of contribution to the production of cinematographic works;
  • at least ten audio-visual works propose annually (others that pornographic programmes or of incentive to violence): release of the obligations of contribution to the production of audio-visual works.

The mode applicable to the editors of television services of correction

The television services of correction are SMAD making it possible to look at, for one limited time, of the programs diffused on a television service.

They are subjected to an obligation of contribution to the European film production, on the one hand, and of French original expression, on the other hand, at the same rate as the editor of the television service from which the television service of correction is resulting. If their receipts are included in the resources of the television service from which they result, these services are not subjected to obligation of contribution (case of the hertzian services of cinema, cf decree n° 2010-747).

For the production of audio-visual works, the receipts resulting from these services are included in the plate of contribution of the television services from which they result.

The mode applicable to the editors of video services to the request by subscription

The services by subscription are subjected to obligations of contribution to the production of cinematographic works and audio-visual European, on the one hand, and of French original expression, on the other hand, of:

  • 26% and 22% when they annually propose at least ten cinematographic works of long life within a time lower than twenty-two months after their exit into the room in France;
  • 21% and 17% when they annually propose at least ten cinematographic works of long life within a time lower than thirty-six month and equal or higher than twenty-two months after their exit into the room in France;
  • 15% and 12% in the other cases.

The contribution is invested in the production of cinematographic works and the production of audio-visual works (except pornographic or incentive with violence), in proportion of the shares represented by each one of these two kinds of works in the download or the total watching of works by the users of the service during the preceding exercise.

The mode applicable to the other editors of services, in particular those of compromise video on demand (known as “video on demand with the act”)

These services are subjected to an obligation of contribution to the production:

  • cinematographic: 15% of the annual turnover Net of the preceding exercise resulting from the exploitation of cinematographic works to expenditure for the development of the production of European cinematographic works, including at least 12% for the development of the production of cinematographic works of French original expression;
  • audio-visual: at least 15% of the annual turnover Net of the preceding exercise resulting from the exploitation of audio-visual works (except pornography or incentive with violence) for the development of the production of European audio-visual works, including 12% with expenditure contributing to the development of the production of audio-visual works of French original expression.

See also:

Obligations of the chains of TV as regards production of works

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