France

[FR] First interprofessional agreement between film producers and authors-screenwriters: a major step forward for remuneration and recognition of the role of authors

IRIS 2025-10:1/19

Amélie Blocman

Légipresse

An interprofessional agreement on contractual practices between "auteurs-scénaristes" (authors-screenwriters) and producers of feature-length fiction films, extended by order of the Minister of Culture to the entire profession, was signed on 15 October at the CNC (Centre National du cinéma et de l'image animée) by all the organisations representing film producers (Association des producteurs indépendants – API, Syndicat des producteurs indépendants – SPI and Union des producteurs de cinéma – UPC) and, for authors, by Scénaristes de cinéma associés (SCA), Société des réalisatrices et réalisateurs de films (SRF), Société des auteurs et compositeurs dramatiques (SACD) and Société civile des auteurs, réalisateurs et producteurs (ARP).

This agreement is made pursuant to Articles L. 132-25-1 and L. 132-25-2 of the French Intellectual Property Code, created by Order No. 2021-580 of 12 May 2021 resulting from the transposition of Directive (EU) 2019/790, which provides for a negotiation mechanism between authors and producers, intended to lead to interprofessional agreements in the film and audiovisual field. The aim is to achieve greater recognition of the role of authors in the creative process and a fairer sharing of risk and value.

Four agreements have already been signed in the audiovisual sector, covering documentary, fiction and animation scriptwriters, as well as fiction directors, and discussions are underway for documentary directors. This new agreement is therefore the first to cover the film industry.

It contains two main sets of measures, relating to recognition of the role of authors-screenwriters and their remuneration.

With regard to the recognition of the role of authors-screenwriters in the creative process, it provides in particular for the names of authors-screenwriters who have participated in at least three stages of the writing process to be mentioned in the opening credits of the film, where the names of the director and producer appear. In addition, the author-screenwriters will also have to be mentioned in communication tools such as the film poster and the press kit, in which they will have to be given significant prominence.

The agreement introduces three mechanisms, the combination of which will significantly improve the remuneration of authors-screenwriters, particularly the youngest and most vulnerable: minimum remuneration whether or not the film is made; indexation of remuneration according to external funding obtained by the producer; systematic additional remuneration according to the exploitation of the film once it has paid for itself.

The minimum indexation provided for will make it possible to adapt the level of the guaranteed minimum, negotiated between the producer and the authors-screenwriter, to the economics of the film, since this indexation will be calculated on the basis of external financing obtained by the producer. The indexation will take effect from the time the investment is approved, i.e. well before the work is exploited: once again, it will guarantee the author earlier remuneration.

In addition, the agreement systematises this indexation, which will be negotiated by mutual agreement, for films with a budget in excess of EUR 6 million: once again, this is a real step forward compared with current practice.

The content of the agreement also makes it possible to set up an observatory to monitor changes in authors' remuneration. Finally, the agreement specifies that "the Parties undertake to open a constructive and regular dialogue between authors and producers on the conditions for using AI in the writing and development of a work project, in order to better understand the issues related to these tools and to put in place virtuous practices, in a spirit of transparency and respect for the interests of each party".


References

  • Arrêté du 16 octobre 2025 portant extension de l'accord interprofessionnel sur les pratiques contractuelles entre auteurs-scénaristes et producteurs d'œuvres cinématographiques de long-métrage de fiction du 15 octobre 2025, JO du 21 octobre 2025
  • https://www.legifrance.gouv.fr/download/pdf?id=B1WkYqe2WwfdkIwVf1uVp8UgGJ40ukIDzEYCw2TECmE=
  • Decree of 16 October 2025 extending the interprofessional agreement on contractual practices between author-screenwriters and producers of feature-length fiction cinematographic works of 15 October 2025, OJ of 21 October 2025

This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.