OBS IRIS Merlin
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IRIS 2009-9:11/16

France

New Code for the Cinema and Animated Images

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Amélie Blocman

Légipresse

Article 71 of the Act of 5 March 2009 on audiovisual communication and new public service television has allowed the government to adopt a decree modernising legislation for the cinema and other arts and industries for animated images and to gather together in the form of a Code all the legislative texts, whether part of a code or not, concerning these fields. A decree of 24 July 2009 promulgated the legislative part of a new Cinema Code.

The aim of the decree is to simplify and modernise cinema law, which has been based on the dozen articles of the “Code of the Cinematographic Industry” and on a few scattered texts adopted over the years since 1956. This earlier code, which in the main gathered together earlier texts, has never been brought up to date as a whole and many of its provisions have become obsolete. One of the main points of the present overhaul was the intention to consolidate and modernise the organisation and functioning of the national cinematographic centre (Centre National de la Cinématographie - CNC), which is the means for implementing State policy on the cinema and audiovisual creation, in the form of the “national centre for cinematography and the animated image” (Centre National de la Cinématographie et de l’Image Animée) (but retains its former acronym of CNC). This title reflects the extension of its field of action beyond the cinema alone, mainly towards audiovisual production, video and multimedia, including video games. Apart from the determination of the missions, the organisation, and the means of action of the CNC, the first section of the Code sets out in detail the method for depositing title and registering works in the cinema and audiovisual registers.

The second section, devoted to professions and activities, lists more specifically the conditions for obtaining authorisation to show a cinematographic work, and the organisation of the cinematographic exploitation sector and its relations with distributors. Four chapters set out the provisions introduced by Article 17 of the HADOPI Act of 12 June 2009 on media chronology (see IRIS 2009-7:13). The third section of the Code covers financing and fiscal matters concerning the cinema and the other arts and industries of the animated image, with general provisions on the awarding of financial aid granted by the CNC. The fourth section is devoted to the “checks and sanctions”, both administrative and penal, that may be applied in these sectors of activity. Thus the adoption of this new Code simplifies and updates the law with regard to professionals in the cinema industry.

References
Ordonnance n° 2009-901 du 24 juillet 2009 relative à la partie législative du Code du cinéma et de l'image animée, JO du 25 juillet 2009 FR
 http://merlin.obs.coe.int/redirect.php?id=12063
 
  Decree No. 2009-901 of 24 July 2009 on the legislative part of the Code on the Cinema and the Animated Image, gazetted (published in the Journal Officiel ) on 25 July 2009