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After the Law of 24 July 2019 protecting the neighbouring rights of press publishers and agencies, and the Ordinance of 12 May 2021 that transposed into French law the new system of liability of content-sharing platforms and mechanisms for the fair remuneration of rightholders, the Ordinance of 24 November 2021 completed the transposition of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, the deadline for which had been 7 June 2021. In accordance with Articles 3 to 6 of the Directive, the Ordinance provides for and adapts exceptions to copyright and neighbouring...

On 3 July 2012, the company RMC Découverte, which operates the terrestrial television channel of the same name, signed an agreement with the Conseil supérieur de l’audiovisuel (the French audiovisual regulator – CSA), Article 3-1-1 of which requires it to ensure that “documentaries make up at least 75% of total airtime each year and cover a wide variety of topics.” In decisions of 11 July 2018, 17 June 2019 and 20 May 2020, the CSA refused to classify 16, 15 and 6 programmes broadcast by the channel as “documentaries”, as defined in the agreement....

Following on from the transposition of the European Audiovisual Media Services Directive through the Ordinance of 21 December 2020, the On-Demand Audiovisual Media Services Decree of 22 June 2021 obliges foreign platforms to invest in the French and European film and audiovisual sector. Previously, only French-based service providers had been required to finance the film-making industry. The Conseil supérieur de l’audiovisuel (the French national audiovisual regulator, CSA, which will become the Autorité de régulation de la communication audiovisuelle et numérique...

A key element of the current audiovisual reforms, media chronology, which determines when cinematographic works can be released via different methods of exploitation, is set out in Articles L. 231-1 et seq. of the Code du cinéma et de l'image animée (Cinema and Animated Image Code). Under the law, a professional agreement should be signed, setting out when a film can be made available by an on-demand audiovisual media service provider or when it can be broadcast on television. The current agreement, which was concluded on 6 September 2018, was extended to include all companies...

Through a decision taken on 5 November 2021 amending the General Aid Regulations, the Centre national du cinéma et de l'image animée (National Centre for Cinema and the Moving Image – CNC) set up an experimental fund to support the independent production of French audiovisual works prefinanced exclusively by non-European on-demand audiovisual media service platforms. The investment obligations that now apply to foreign platforms result from the transposition of the European Audiovisual Media Services Directive through an ordinance issued in December 2020. The detailed...