Cinematographic work is defined in article 2 of the decree n°90-66 of modified January 17th, 1990. Thus, cinematographic works constitute:
- Works which obtained a visa of exploitation, except for documentary works which were the object of a first diffusion on television in France;
- Foreign works which did not obtain this visa but which was the object of a commercial cinematographic exploitation in their country of origin.
Article 3 specifies in addition that it is advisable to understand by cinematographic work “of long life” those of which the duration is higher than one hour. In on this side this duration, the cinematographic work “of short film” is regarded as a audio-visual work under the terms of article 4 of the decree.
The lawful definition is fixed at article 4 of the decree n° 90-66 of the modified January 17th, 1990 : “Audio-visual works the emissions Constitute not raising of one of the following kinds: cinematographic works of long life; newspapers and data transmission; varieties; games; emissions other than of fiction mainly carried out in plate; sporting retransmissions; advertisements; armchair shopping; self-promotion; services of teletext “.
It is about a definition “in hollow” which fixes the kinds of emissions excluded from the concept of audio-visual work. It is more strict than the definition appearing in the directive Services of audio-visual mediums on three points: it excludes cinematographic works, the variety programmes and the emissions carried out mainly in plate.
Any emission whose main object does not concern an excluded kind must be recognized in audio-visual work. The Council of State posed this principle in a judgment delivered on July 30th, 2003 about the qualification in audio-visual work of the Popstars emission.
According to this jurisprudence, it results from the provisions of article 4 of the decree of January 17th, 1990 which as of audio-visual works within the meaning of this text the emissions must be looked at whose main object does not concern one or more the kinds mentioned by this article, even if they can comprise, on a purely additional basis, of the elements borrowing from one or more these kinds.
Among audio-visual works, the law of March 5th, 2007 modifying in particular the article 27-3° law of September 30th, 1986 relating to the freedom of communication founded a new category of works, called “patrimonial works” including works of fiction, of animation, documentaries of creation, including those which are inserted within an emission other than a tv news or an emission of entertainment, video-musics and of collecting or re-creation of live performances.
The work of French original expression (eoF)
Article 5 of the decree n°90-66 of January 17th, 1990 defines cinematographic works or audio-visual French original expression as being realized completely or mainly in original version in French language or in a regional language of use in France. Cinematographic works having received, before the date of application of the decree n° 90-66, the approval of investment are also comparable with cinematographic works of French original expression.
Ask for qualification of work EOF
If you wish to obtain from the CSA the qualification of French original expression of a audio-visual or cinematographic work, you will have to accompany your request by a copy DVD of work as well as integral transcription of the dialogues. The dialogues, if they comprise various languages of realization, will be timed.
Article 6 of the decree n°90-66 of January 17th, 1990 defines European work like a work originating in States members of the European Union or, under certain conditions, works of European Non-member states left to European convention on transborder television the Council of Europe.
The conditions imposed on works of Non-member states tend to guarantee that works are actually carried out or produced in these States. More precisely, these works must be realized primarily in these States or produced by a company having its seat in one of these States and controlling the production indeed, with the financial responsibility, technical and artistic for work; or finally to be financed mainly by co-producers established in these States. The companies and co-producers should not be controlled by producers established apart from these States.
Also constitute European works:
- The works coproduced within the framework of agreements concluded between the European Community and of the Non-member states
- The works produced within the framework of bilateral agreements of coproduction concluded between European Community Member States and Non-member states and financed mainly by co-producers established in Member States and not controlled by producers established apart from these States.
The qualification of European work and that of work of French original expression are allotted by the Superior council of audio-visual for the respect of the must carries and of production.
Ask for qualification of European work
If you wish to request from the CSA the European qualificationof a cinematographic or audio-visual work for a given work, you can download the form below:
Form of request for qualification of European work
As regards cinematographic works which were the object of an approval of the investments or an approval of production of the national Center of the cinema and animated image, you will have moreover to transmit to the CSA a copy mail allotting this approval, which comprises in particular the opinion of the president of the CNC on the European qualification.