Dear Sylvie Hubac, Dear Anne-Elisabeth Crédeville, Dear Marie-Françoise Marais, President of HADOPI, Dear Marie-Françoise Marais,Dear Laurence Franceschini, Secretary General, dear Guillaume Boudy,Distinguished Distinguished Distinguished Members of the Superior Council,Dear Friends,

I look forward to seeing you again today for the much anticipated recovery,
the work of this Higher Council of literary and artistic property.
I too welcome the new members and
qualified personalities and thank you, dear Sylvie Hubac, for having
agreed to chair the work of the High Council, alongside
Anne-Elisabeth Crédeville, who will serve as Vice President.

Let us not misunderstand, dear friends, the interruption of the work of the
CSPLA: this will not have escaped you, this coincided with a
the administration of this ministry, and with a
particularly intense cycle of public action, which absorbed much
forces this ministry, in particular to defend and sustain the
principles of copyright in the digital age.

I am thinking, of course, of the adoption of the “Creation and Internet” laws, which
led, shortly after my arrival in this ministry, to recall forcefully
before the Parliament that the Internet – great opportunity for the dissemination of the
culture – should not become “a pain in the neck for the rights of

Today, far from the failure announced by some and the catastrophe
the High Authority for the Dissemination of Works and the
protection of rights on the Internet invents, day after day, a pedagogy
of accountability in the digital age. Madam Chair,
Marie-Françoise Marais, you introduced me a few years ago
weeks the first results of the graduated response, 7 months after its
start-up: these are particularly encouraging and leave
think that pedagogy has its effects on the greatest number of
Internet users. I know that the High Authority is now
also in the promotion of responsible uses of the Internet,
through, in particular, the attribution of the first labels to the platforms
legal provision of cultural content.

Once again be assured of the full support of the
the decisive action you are taking, action that
we are seeing a growing interest in it, as
more and more people are developing neighbouring approaches, such as
example, the Digital Economy Act in the UK.

The two years that have passed since my arrival in this
The Ministry has also been an unprecedented mobilization for
to foster the development of an abundant, diversified and
compensation for rights holders, through, in particular, the
the main recommendations of the «Zelnik» report.

For example, the recent Single Price for Digital Books Act,
adopted in Parliament in a remarkable consensus: this law creates
conditions for the development of the book market
respect the balance of the book chain and the
the ecosystem of creation.

I am now working to defend, before the European institutions,
this founding law for the regulation of cultural industries in the era
by demonstrating the extent to which it addresses a crucial issue
from a cultural diversity perspective.

Other important initiatives could be mentioned, such as the
reform of the media timeline, the regulation adopted in
on-demand audiovisual media services, which, like
included these new services in the virtuous circle of the
funding of the creation, the 13 commitments for music in
line», the report by President Sylvie Hubac on the
development of on-demand media services, or mission
entrusted to Jacques Toubon to defend the application of a reduced rate of
VAT for all cultural goods and services.

I am also not forgetting the considerable work that has been done
digitization of works, particularly in the context of
investments of the future, in line with the framework agreement on
digitization of 500,000 unavailable 20th century books, or
on the digitization of cinematographic works.

This action is part of an economic environment which also
developed in recent years, in general in the sense of
accentuation of pre-existing trends.

We have witnessed on the one hand a massive deployment of the legal offer
networks, particularly in the area of music and audiovisual. Thus,
legal online music offerings now represent close
of the music market in the North. Just like the
Community platforms, the major players in the web are
increasing share of their business model on content protected by
copyright. These developments, which demonstrate that copyright is not
no obstacle to the digital distribution of works. They
promote awareness of a common membership of the
creation. They are likely to allow a more peaceful reflection on
topics of interest to the CSPLA.
At the same time, while, thanks to the constant innovation of
Internet entrepreneurs and their tremendous dynamism, invent themselves, day
day after day, new online services, new modes of
dissemination of works and new uses, the tendency to displacement
value to economic actors who benefit from the first
leading the web presence of cultural content, but which contribute
in general little to the financing of creation, went by increasing.

Reflection on the financing of creation by these internet actors
- reflection to which this ministry contributes strongly - are added
In particular, the role of the publishers of
services in hourly audiovisual and film production
from connected television, to “net neutrality”, to adapting our
regulation and support for creation.

I take this opportunity to tell you my extreme vigilance, and the
reactivity that will be mine, in the face of the risks of weakening, or even
of such essential measures to support the
creation of the production financial support account
and private copying.

These debates - so well put in perspective in the study Culture and Media
2030 of the DEPS - find an extension at the European level and
international. The development of the internet as a dissemination platform
of works has been able to fuel a challenge in principle of the
intellectual property, challenge that we still had, through
some debates of the recent eG8, a concrete illustration although
slightly caricatural. At the same time, strong observation that the
creation sector represents nearly 4 million jobs in Europe and
more than 900 billion euros of activity, various initiatives focus on
make the implementation of copyright more effective on a global scale
the new opportunities offered by the European
for access to works. I am thinking in particular of the
for an internal market for developed intellectual property rights
by the European Commission, under the remarkable impetus of Michel

Madam Chair, in this complex, exciting environment, where
the positions of France are particularly expected, I wish
support me fully in the coming months on the competition and expertise
unique of the CSPLA.

I therefore expect much from the confrontation of points of view,
disciplines and expertise represented on this Board,
among the eminent qualified persons it brings together, but also among
the 38 professionals.

Because of its composition, this High Council is in my view a
privileged forum - unique in its kind - for dialogue between
representatives of the various actors in the world of literary property and
artists, authors, producers, performers, broadcasters and
operators, consumers and users.

This is certainly the reason why there are few thoughts and opinions
of the CSPLA, which have not directly or indirectly inspired the
public authorities. I am thinking, for example, of the commission’s work
chaired a few years ago by Professor Pierre Sirinelli on the
distribution of digital content online, or more recently at
report by Maître Jean Martin on orphan works, which I found
how much attention it had received in Brussels, as part of the
preparation of the proposal for a Directive on the
the writing proposed by the European Commission.

This coordination role, this proven ability to bring together the issues
to imagine realistic and concrete solutions, goes hand in hand with
a mission of proposal, monitoring and foresight on all issues
I also expect a great deal of this.

The strategy proposed by the European Commission
intellectual property must obviously be given our full attention. In
the extension of the work carried out in 2008 by Jean Martin,
would be particularly valuable to have an accurate analysis of
issues raised by the proposal for a directive on orphan works.

Subsequently, other subjects of reflection may no doubt be
considered, in view of the work that the European Commission is
proposed to open in particular with regard to collective management and
conditions of licence for online music.

The expertise of the CSPLA would also seem to me very useful to reflect on
the application of the publishing contract to the digital exploitation of works.

The proposed law on the single price of e-books was not
certainly not the appropriate framework to address the issue, but
debates that we attended demonstrated the need for a
a serene reflection on the subject, of a sustained consultation, which would not have
however not intended to interfere in discussions between the
competent professional bodies.

Its mission of foresight and monitoring must make the CSPLA
particularly attentive to the legal and economic impact of the various
technological developments, the new uses they generate and the
associated economic models. As such, the CSPLA
seems to be the appropriate forum for reflection on the issues,
still poorly identified, linked to «cloud computing» - the «cloud
computing” -, particularly with regard to copyright.

In fact, the themes that deserve further study today
CAPB is not lacking and you will have the opportunity to
debate later. It will be up to you, Madam Chair, to
share the leads and ideas that you see as priorities, so that I
work programme of this
Conseil supérieur.

The reflections of the Supreme Council must enable our country to
to maintain a role of impulse, a role often pioneer, in all
contemporary copyright debates and projects.

These debates, often lively, are fed by appeals, sometimes
sometimes more argued, to the modernization of copyright
– I am thinking for example of the report submitted to the British Government by
Hargreaves. The CSPLA must allow us to address these
discussions with serenity, by re-interrorising the foundations of law
European-inspired author, and the international legal framework in
which he embodies. I am convinced that their relevance and
their vitality remains intact, while the law’s ability to adapt
Digital Challenge is proven.

Thus the strategy deployed in France by the ministry and professionals
French book for digitization and distribution of 500,000 works
does it attest to our ability to experiment
innovative mechanisms to promote, in compliance with the law
copyright, legal access to works.

While addressing the same concern - ensuring safety
large-scale digitization - , this approach, which
will involve a modification of the intellectual property code, will
distinguishes in depth from that implemented by Google in the framework
settlement, this draft agreement between Google and the authors and publishers of
this country concerning the exploitation of several million protected works,
inspired by a particularly extensive design of fair use, and that the
American justice just rejected.

Beyond the theoretical debates on copyright, the CSPLA has of my
focus on what is really being debated, at
know the mechanisms and procedures to protect and sustain
today’s copyright, thus promoting the distribution of works,
for the greater benefit of the public, and the fair remuneration of
those who compose, those who invent, and those who take the risk of
the creation.

This is the meaning of the remarks made at the opening of the eG8 by the President
of the Republic, which recalled, through the founding figure of
Beaumarchais, the liberating, revolutionary power of copyright,
and its unwavering commitment to respect for intellectual property.

This is also the meaning, at the G8 in Deauville, of the important declaration
Heads of State, who have invited, with regard to copyright, to take an interest
the modalities of its full exercise, and of its effective protection, in
calling for firm measures against violations of the
intellectual property rights in the digital world”, and a
'appropriate international cooperation between the actors concerned,
involving the private sector”.

It is in this spirit, finally, that I intend to approach the cultural summit,
focusing on copyright, which I will organize in Avignon on the 17th and
18 November in the framework of the French presidency of the G8/
G20. This will be an opportunity to advance a sense of responsibility
shared by cultural and Internet stakeholders in support of
the ecosystem of creation; it will be an opportunity to share a reflection
on the future – and promotion – of cultural diversity in the era
digital technology, an issue that has yet to be explored and yet is so crucial in the
“cognitive capitalism” and a new geopolitics of the so-called
In the context of a globalised competition, and in the face of productions
it is essential for the rest of us,
for our cultural and creative industries,
be able to rely on strong brands, on original works -
the object of copyright, this living right, being precisely to ensure the
development and remuneration of such creations.

The contributions, work and debates of this High Council will be
infinitely valuable to fuel and build the positions of the
French government in this debate, which is also a fight, a very
good fight.

Thank you.