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Production of works

The contribution to the audiovisual production

The contribution to the audiovisual production

Production of works

History of the regulation

1986, the liberalization of the audio-visual one

The law of 1986 relating to the freedom of the communication fell under the specific context of the end of the monopoly of the State on the programming and the liberalization of the hertzian landscape. It continued a double ambition:

  • cultural, in order to support the development of creation and the valorization of the French and European identity of the diffused programs
  • economic, in order to allow the constitution of a sector of the audiovisual production.

The public authorities considered whereas the liberalization of audio-visual was to be accompanied by warranties in the field of the production of the contents and creation. In a context of scarcity of the frequencies, the obligations imposed on the chains will constitute the counterpart of the exemption from payment of use of the public domain.

The principle of the quotas of diffusion and the contribution of the editors of service to the production was registered in the law of September 30th, 1986 with a quadruple vocation:

  • to guarantee a strong exposure of in particular new French works on the antennas;
  • to reinforce the financing of works;
  • to develop a diversified fabric of independent production companies;
  • to promote the circulation of works of French original expression and European.

These objectives were consolidated by the adoption, in 1989, of the European directive “Televisions without borders”, with the installation of minimal obligations of diffusion of European works for the benefit in particular of independent producers, for the whole of the chains, whatever their distribution support.

Several texts concretized this objective, of which the decree n° 90-67 of January 17th, 1990 which envisages the obligations of production of the diffusers. They constitute the keystone of one system at the same time interdependent and managed. These principles always organize the sector twenty years after their adoption. The device unceasingly became more sophisticated, until a very recent date.

2001, the revival of the production

At the end of the years 1990 and after ten years of application of the decree n° 90-67 of January 17th, 1990, a report of the under-financing and precariousness of the sector of the audiovisual production were made. The members of Parliament, by the means of the law of August 1st, 2000 , wished a revival of this sector. This revival resulted by the modification of the already existing decrees relating to the contribution of the editors of services to the audiovisual production (reinforcement of the obligations) and in the extension to the future chains of the DVB and the services diffused on the cable and the satellite of the obligations of production.

Four different decrees, according to the distribution support, were thus adopted in order to determine the obligations of production of audio-visual works defined in the law of September 30th, 1986:

  • decree n° 2001-609 of July 9th, 2001: for the analogical hertzian chains;
  • decree n° 2001-1332 of December 28th, 2001: for the analogical hertzian chains whose financing calls on a remuneration on behalf of the users (Channel +);
  • decree n° 2001-1333 of December 28th, 2001: for the digital hertzian chains;
  • decree n° 2002-140 of February 4th, 2002: for the services distributed by cable or diffused by satellite.

2007, fresh impulse for the audiovisual production

In August 2007, the President of the Republic asks by letter of assignment Christine Albanel, then Minister for the Culture, to act “to remove the increasing inconsistencies of the current legislation and to allow the emergence of groups of audio-visual communication French of foreground, able to structure a powerful French industry of the contents and to face the new challenges related to the multiplication of the distribution networks”.

A mission is entrusted to David Kessler and to Dominique Richard, who lead a dialogue with the professionals of audio-visual in order to modifying the decrees. This dialogue leads to the negotiation of professional agreements between the editors of services and the organizations representative of audio-visual creation, signed between October 2008 and February 2010. These agreements determine the methods of the contribution of the editors of services according to their specific commitments: applicable rates, calculation of the plate of the contribution, expenditure taken into account.

These agreements were transcribed in 2009 in the decrees n° 2001-609 of July 9th, 2001 and n° 2001-1332 of December 28th, 2001 applicable to the services diffused by terrestrial hertzian way in analogical mode, then in 2010 in the decrees n° 2010-416 relating to the editors of nonhertzian services and in the decree n° 2010-747 of July 2nd, 2010 which repealed the decrees n° 2001-609, 2001-1332 and 2001-1333 and which applies to the whole of the television services diffused by terrestrial hertzian way.

Lastly, the decree n°2010-1379 of November 12th, 2010 relating to the services of audio-visual mediums to the request laid down the methods of their contribution.

See also:

Obligations applicable to the SMAD as regards production of works

  Two years of application of the regulation of 2010 relating to the contribution of the editors of television services to the development of the audiovisual production

The contribution to the audiovisual production

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