Dialogue with authors and creators is a requirement for the
Minister in charge of creation and artistic professions, it is
even a first mission. I had a lot of pleasure to be at your side
last year and I was able to explain the foundations of a “pact”
for film creation in the digital age”. I designed it.
as the condition for the development of our cinema in a context
rapid technological change.
Today, with the active support of the IDA and its members - and I
warmly thanks - an important part of the elements
The Treaty of Amsterdam was implemented: beyond
HADOPI, the digitization of cinemas, and
film catalogues are launched with the necessary funding to
projects. I have no doubt that they will ensure the
relaunch and sustainability of the legal offer of films.
For the digitisation of all means of dissemination is good
an unprecedented upheaval facing the entire
our film and audiovisual industry. I can
Ensuring it: it is a project that mobilizes us in priority.
In the context of the Great Debt , the investment desired by the
Government to the benefit of the digitization of cultural content is
a first response to this challenge, which the cinema must absolutely benefit from.
The unique richness of our film production is an opportunity
to assert our presence on new broadcasting networks, but
also to guarantee a legal artistic and cultural offer of quality and
contribute to the cultural influence of our country.
The main holders of catalogues which remain the engines of
the initiative are now mobilized and committed to achieve
a financial boost through future investments, in order to
digitize more than 3000 films of feature films of
assets before 1989. An open panel of the main holders of
catalogue works around the SACD, in dialogue with the CNC, in order to
build by the end of the year an eligible proposal under the
investments. It also provides for the creation of a
common video-on-demand platform to provide
rapid and efficient trade in these new markets.
This is the time for drawing up projects subject to appraisal and
financial rules for future investments. It will last for
the year 2011, after the launch of calls for projects and the
Interest is expected by the end of the year.
But this initiative will not be able to meet all the
needs of digitization of works.
20 years after the plan Nitrate, the plan of digitization of the works that I
wishes to implement must be an opportunity for safeguarding and
enhancement of our entire heritage, but also for works
more recent. A response to all catalogue holders
must therefore be found, in addition to that consented by the great
loan. This is to help digitize the titles recognized for their
artistic and cultural merit, including short films or
still the unmissable ones of silent cinema.
I am convinced that we must make this bet of the digitization of these
works of great quality, often unknown, but always recognized.
Thanks to new modes of consumption, thanks to the power of
new networks, I am sure they will be able to meet a new
and invent a “new life”.
This is why I hope that the TNC in the coming years will
working with all professionals so that, as of 2011,
The European Union is committed to providing additional, multi annual financial support
of the Great Loan.
For theatres, I announced a plan of 125 million Euros for the
digitization of cinemas that would not have the financial means to
move to digital. This is a complement to the law introducing
the distributors' financial contribution to the facilities. The
will maintain the diversity of operations in France, which is a
A valuable singularity in a much more contrasting European landscape.
This is an initiative that is unprecedented at the moment in the world. It
Once again marks France’s attachment to its cinema.
This effort is possible to the extent that the revenue from the
support and growth are secure in an economic context
yet constrained. It ensures the continuation of effective and substantial support
from the state to the cinema and those who do.
In September 2010, the President of the Republic
number of policies implemented in the finance bill
The initial plan for 2011 includes:
Apart from full rate VAT for television services sold
in composite offers ("triple and quadruple play");
the maintenance of reduced VAT for pay-TV,
maintenance that I defended on behalf of the pivotal role played by the group Canal
More in the cinema;
a sanctuarization of the revenues of the CNC that finance the creation
film and audiovisual: .
Whatever the VAT system applicable to them, it is legitimate that
Internet service providers are contributing to the Internet Support Fund.
CNC, since they distribute television services, which do all
the attractiveness of their offerings.
It is necessary, in order to strictly maintain the level of their
to rethink the way this tax is used, because of the
Amendments to the VAT system.
Indeed, in the “triple play” turnover, this was the share subject to
Reduced VAT – up to now 50% - used as a tax base
CNC. We must therefore redefine this mechanism to ensure its sustainability. This is the case
our creativity, our uniqueness, but also the future of our
cultural industries in the globalised economy.
Taking into account the 10% reduction which exists for all
categories of distributors subject to tax, resulting in 45% of
“triple play” sales subject to the CNC tax, a
55% reduction.
A supplementary provision also increases the
income from the support account. It increases from 4.5% to 6.7% the last
tranche of the scale applicable to distributors who themselves publish
content. In fact, these are Canal Plus subscriptions,
only actor in this category in this tranche.
The measure is justified by the specific nature of the combination of publisher and
and the proximity of Canal plus to content funded by the
CNC, which is much closer to other distributors. It
also understands the fact that the group continues to
benefit from VAT at a reduced rate.
I would also like to say a few words about the policy of my
on-demand audiovisual media, and access to
nonlinear to audiovisual and cinematographic cultural content.
The On-Demand Media Services Contribution Regime
development of our industry is defined by a draft decree that I
will forward for opinion to the Council of State in the next few days.
In line with my commitments to the creators, the
key principles that ensured the effective contribution of services
the success of French cinema will be reaffirmed there. It is a
choice of coherence, it is a clear direction based on a
cultural ambition.
This draft SMAd decree is the result of a long work of
consultation started in April 2009 with all operators
It allows us to adapt our cultural policy to the new
media. It encourages us to think about the future of creation in the age of
digital.
In order not to hinder the development of these new services, two
Key principles guided the development of this text:
First, taking into account the economic model of these services,
services, including fee-for-service video-on-demand services, which
today represent the bulk of the activity. Indeed, it is a question of
develop this offer so that it is more widely accessible. It
therefore, it was appropriate in particular to distinguish the terms of the contribution to
the production of this type of services so that
exclusive practices. Given their competitive position
subscription services must have a
adapted but similar to pay-TV channels
since their economy is quite close.
Secondly, taking into account the emerging character of these new
services. It is thus intended to apply rules that are less restrictive than
in the field of television. Production obligations do not
apply only after exceeding a turnover threshold offering
the possibility for operators to anticipate their entry into the scheme
obligation. It is a question of maintaining a balance between the
creation and economic development of digital enterprises:
I don’t see the two as being mutually exclusive.
Admittedly, the Conseil Supérieur de l'Audiovisuel (CSA) has
opinion on 27 September, considering that the draft decree
imposed excessive obligations on these services.
However, I would like to point out that the proposed amendments
the APF do not disrupt the economy
project. An integration of some of these suggestions is
possible, particularly with regard to a gradual increase in load
obligations, and a medium-term appointment clause, for
evaluate the device.
I wanted a new consultation to take place following the opinion of the CSA. It
noted again that this draft order constituted a
balance between all requests. We are therefore
a «ridge path» that we must not leave: it is a choice
demanding, it is a direction that we must keep at the service of the
creation and promotion of the cultural quality of our productions.
I would add that another Order in Council, which is being published, makes it possible to prevent
an on-demand television or audiovisual media operator
calls for the application of another legislation by establishing itself in another
Member State of the European Union, for the sole purpose of circumventing
provisions. This decree allowing to avoid the circumvention of the device
is an indispensable corollary of the Smad decree. It clearly responds to
some of the concerns expressed about competition between
publishers who would not be subject to the same rules.
Finally, I hope that the mission entrusted to Sylvie Hubac on
access of VAD services to the platforms of
Internet, on the guaranteed minimum remuneration of rights holders and the
movement of works quickly leads to concrete measures. It
it is important to ensure a permanent and continuous exploitation of the works.
Convergence between the traditional world of television and the new
non-linear audiovisual services available on the Internet brings us
to rethink and modernize regulations. This convergence is
today a palpable reality, in all French households. The
The recent development of Internet-connected television is a
new expression of this phenomenon.
On that point, let me express my conviction. This is not about
a peril but an opportunity for our creators, our companies
for the whole economy of culture. Let’s stop thinking
our relationship to the world as if we were in a
“besieged citadel”: we have know-how, expertise and
areas of excellence, let’s preserve and value them.
My Ministry is deeply committed to supporting the
recent digital transformations - DTT, high definition television,
on-demand audiovisual services, etc. The rise of television
and the launch of the “Google TV” in France at
2011 marks a new stage in the renewal
The European Commission’s Directorate-General for Audiovisual Content.
If I’m optimistic about the future of our creation and our offer, I know
also that national audiovisual actors should be
offer a strong alternative to foreign offers. I also know that it
the preservation of cultural diversity to which the
we are all attached.
This is the purpose of the decrees relating to audiovisual media on demand,
that I just mentioned. This is also the purpose of the projects carried out under the
investments of the future, which I mentioned earlier. Alongside
of professionals, the State is strongly committed to offering an alternative
national to Google or Apple SEO projects
catalogues of content made available on the internet by our publishers
service.
Finally, like my total commitment in the field of
digitization of books, I want to assure you of the determination of my
Department to oversee the potential impact of this innovation
on French actors.
New services such as “Google TV” cannot be
develop without respecting the rights of all French actors:
creators, producers and broadcasters. In this regard, I think
in particular to respect the essential principles of copyright, which
require the authorization of rights holders in order to
provide access to audiovisual content. This is neither an attitude
risk-averse, nor outdated protectionism: it is the will to treat
balanced and equal of all the players present on the French market.
In view of the discussions that will be initiated between Google and
I will therefore be particularly vigilant and mobilized.
It is with the same vigilance that I follow the debates on neutrality
of the net. they indeed pose many societal questions, which
are directly related to the culture and
communication:
How to ensure access to all content, including
networks in a transparent manner and not
discriminatory?
How to reconcile respect for copyright with the possibility
to be able to access any content?
How to ensure the development of the Internet by
value chain - operators, suppliers of
content and services - to develop a business model that
ensure their long-term development?
These questions are just as essential as those posed to the world
telecommunications, even though they were less taken into account
until then. However, it seems to me essential that the issues relating to
content are also widely taken into account, as they are
I repeat that they are obviously inseparable from the networks through which they
can circulate.
One of the main issues and probably the first is precisely the
fight against piracy. The second issue is the regulation of
audiovisual services, and undistorted competition between players.
The third issue concerns the consequences of current developments on the
relationships within the audiovisual value chain and risks that
could arise if the different actors were operating directly on the
network, if they freed themselves from the actor who precedes them in the chain.
In short, the entire audiovisual channel could be
and, in the aftermath, the virtuous principles of financial solidarity
that would be challenged. This is not about “monitoring and
punish,” but regulate to ensure.
For the content industries, therefore, there are considerable
still insufficiently examined. I wish today to accelerate our
reflection on the subject, and I invite you today to take all the
comes back to you in these reflections
In closing, I would like to say a word about the mediation I entrusted to
Roch-Olivier Maistre on the necessary Memorandum of Understanding between producers
I hope that it will now be quickly concluded.
As I had the opportunity to say, this protocol is the key and the condition
a reform of production support that reinforces the producer’s role
the work of the authors. It is also a
must now be concluded as soon as possible. The profession must
gives it an image of solidarity and a sense of general interest that
justifies the considerable effort that the State makes towards cinema.
It is all of these subjects that I would have liked to discuss with you
today.
Unfortunately circumstances beyond my control have
compromise my trip to Dijon, and I regret it very much.
That’s why I asked my firm to represent me at your
debates.
I look forward to receiving a delegation from the IDA in the near future
hear the conclusions of your work and extend the fruitful dialogue
and always constructive that we started together since
now more than a year. It must be conducted in a climate of
trust and mutual esteem. You know my personality and my
method: see, judge, act. I don’t want to impose without dialogue, I don’t
wishes not to arbitrate without associating. As Minister of Culture and
of Communication, my ambition is to strongly support the
digital turning, while guaranteeing our creation and our
“cultural exception”, These are guidelines that we
mobilize, these are principles that must bring us together.
Thank you.
Discours
Address given by the representative of Frédéric Mitterrand, Minister of Culture and Communication, at the Rencontres cinématographiques de Dijon (ARP)
Dear Pierre Jolivet, Vice-President of the Société civile des Auteurs-Réalisateurs-Producteurs (ARP),Ladies and Gentlemen,
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