France

[FR] Public consultation on funding for audiovisual production by the television channels

IRIS 2014-7:1/19

Amélie Blocman

Légipresse

On 9 June 2014, the Minister for Culture and Communication launched a public consultation in order to ascertain the views of the stakeholders concerned by the change to the scheme of contribution to the production of audiovisual works applicable to editors of television services. The Act of 15 November 2013 on the independence of the public audiovisual sector altered the criteria for independent audiovisual production, henceforth authorising broadcasters to share in a coproduction on condition that they participate substantially in the financing of the work (Art. 7-1 of the Act of 30 September 1986 as amended). The level of the substantial funding of a work and the extent of the secondary rights and commercialisation mandates in the broadcasters’ hands have to be set out in an implementing decree. In his report analysing the balance between broadcasters’ investment in the production of works and the level and extent of the operating rights they hold in return, submitted to the Ministry of Culture and Communication in December 2013, Laurent Vallet set out a series of proposals for bringing relations between broadcasters and producers up to date. To encourage broadcasters to contribute to funding fiction works at a high level, Minister for Culture Aurélie Filippetti wanted the substantial level of funding of works entitling the channels to hold shares in a coproduction to be set at 70%. This consultation means that a revised consolidated version of the “production” decree of 2 July 2010 and the “cable-satellite” decree of 27 April 2010, incorporating the proposals contained in Mr Vallet’s report approved by the Minister, is being submitted to the stakeholders concerned. The Ministry points out, nevertheless, that the purpose of this consultation on the provisions contained in the regulations is not to deal with all the issues concerning relations between producers and broadcasters, but rather to set up a new coherent framework within which both professional negotiations and the agreements concluded with the audiovisual regulatory authority (Conseil Supérieur de l’Audiovisuel - CSA) would be fully covered, thereby usefully supplementing the Act and its implementing decrees. To achieve this, the Minister is suggesting to producers and broadcasters that an expert should be entrusted with the task of mediation, particularly on those provisions not covered by the implementing decrees. This refers in particular to the scope of broadcasting rights, particularly for long-running serials, the valuation of rights, the implementation of first and final refusal, and the reorganisation of the right to revenue for works which are not coproduced. Respondents do not have much time in which to reply; their observations must be sent to the Ministry of Culture no later than 30 June 2014.