FIXING COPYRIGHT
Thinking about copyright for authors
Resources
Collective agreements
There are many agreements concluded between the organizations of authors and users. The Ministry of Culture can only extend these agreements if they have been taken under the legislative provisions which empower it, and if the criteria of representativeness of the signatory organizations are respected. To date, only three sectors have agreements likely to be extended: Books, Audiovisual and Cinema. The European copyright directive of 2019, and its recent transposition of 2021, will allow other sectors to conclude professional agreements likely to be extended. We can also see collective agreements made mandatory by the legislator, who then transposes them directly into the intellectual property code.
Book
Writers
A code of practice was adopted between the Permanent Council of Writers (CPE) and the National Union of Publishing (SNE) in 1981. It was not made compulsory by the Ministry of Culture.​
A 2013 agreement between the CPE and the SNE provided for that any publishing contract should provide for a specific part for digital publishing, and defined criteria for assessing the notion of permanent and ongoing use of the work, both in printed and digital form. The ordinance of November 12, 2014 and the law of July 7, 2016 made it mandatory by modifying the intellectual property code to take it into account.
A code of practice was adopted between the CPE and the SNE in 2014, and made mandatory by the Ministry of Culture.​
A 2017 agreement, concluded between the SNE and the CPE, regulates the practices of provision for returns and intertitle compensation. It was transposed by the law of December 30, 2021 aimed at strengthening the book economy and strengthening fairness and trust between its players.
the CPE , the Society of Literary People (SGDL) , the SNE and society DILICOM entered into an agreement in 2021 aimed at giving authors a way to stop the marketing of their books when they have automatically terminated their publishing contract.
Le CPE, le SNE et la Ligue des auteurs professionnels ont conclu en 2022 un accord prévoyant la mise en place d'une reddition de comptes semestrielle, la création d'une obligation d'information lorsque l'éditeur procède à une sous-cession de l'oeuvre ou de certains de ses droits, la faculté de résilier un contrat de traduction en cas de disparition du contrat de cession initial, la modification des modalités de la provision pour retours, un nouveau régime de reddition de comptes pour les contributions forfaitaires non significatives (L.131-4, 4° CPI),
Photographers
The National Federation of Photo and News Press Agencies (FNAPPI), the Syndicate of Photographic Illustration and Reportage Agencies (SAPHIR), the National Syndicate of General Illustration Photographic Agencies (SNAPIG), the Union of Professional Photographers ( UPP) and the National Publishing Union (SNE) signed a code of practice for photographic illustration in 2017. It has not been made compulsory by the Ministry of Culture.
Audio-visual
Genres concerned
All genres
(Animated fiction and live action, documentaries)
Professions concerned
Screenwriters, directors and graphic designers
A 2017 agreement imposes on all producers a definition of the operating revenue base (RNPP-A) to be legally paid to audiovisual authors, as well as a definition of the amortization of the cost of their programs when he agreed to pay them additional operating revenue on this occasion. This agreement marks a significant step forward because producers can no longer ask authors to continue reimbursing them for any advances paid once the program is amortized. This agreement and these riders have been made mandatory by decrees of the Ministry of Culture.
Genres concerned
All genres
(Animated fiction and live action, documentaries)
Professions concerned
Screenwriters, directors and graphic designers
A 2021 agreement requires producers to insert, in author contracts, 4 standard clauses intended to recall the mandatory provisions of the intellectual property code, under penalty of not being able to access the various support mechanisms of the National Center cinema and animated image. To date it has not been made compulsory by the Ministry of Culture.
gender concerned
Fictions in real shots longer than 5 mn
Professions concerned:
Screenwriters
An agreement relating to the writing work of screenwriters was concluded in 2012. It does not concern short format screenwriters, film screenwriters and audiovisual animation screenwriters. It was made compulsory by two decrees from the Ministry of Culture, and supplemented in 2015 by a glossary which was not made compulsory. It is the only agreement relating to the hiring of work to date (ie to the work of writing, and not to the exploitation of the rights).
gender concerned
Fictions in real shots from France Télévisions (series and units)
Professions concerned:
Screenwriters
In 2017, France Télévisions signed a Development Charter which sets up a precise and formalized procedure for welcoming and developing projects. It is not strictly speaking a collective agreement that can be made binding by the ministry. But its character is mandatory for any producer wishing to develop a program with this broadcaster.
gender concerned
Documentaries and reports
Professions concerned:
Directors and screenwriters
Two agreements have been concluded with a view to framing the relations of authors in the documentary and reporting sectors.
A charter of uses and a glossary of documentaries.
These two agreements have not been made compulsory by the Ministry of Culture.
Genres concerned
All genres
​
Professions concerned:
Authors of dubbing and subtitling
Charter of good practices between authors, technical service providers and sponsors of dubbing and subtitling, of January 10, 2011.
The professionals have drawn up this charter in order to establish a common frame of reference intended to guarantee both the quality of translation and adaptation work, the rights and duties of each of the parties involved and the conditions for fair competition. This charter has not been made compulsory by the Ministry of Culture.
Movie theater
Genres concerned
All genres
(Animated fiction and live action, documentaries)
Professions concerned
Screenwriters, directors and graphic designers
Genres concerned
All genres
except documentary
Professions concerned
Screenwriters, directors and graphic designers
Genres concerned
All genres
​
Professions concerned:
Authors of dubbing and subtitling
Two agreements concluded in 2017 organize for cinematographic works an increased formalization of the feedback of information and the returns due by the producers to their authors.
The 2010 agreement defines the concept of the cost of a film enforceable against the authors, as well as the revenue used to amortize it. It provides for the possibility, but not the obligation, to pay additional remuneration after amortization to authors.
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A 2021 collective agreement imposes on producers the insertion, in author contracts, of 4 standard clauses intended to recall the mandatory provisions of the intellectual property code, under penalty of not being able to access the various support mechanisms of the National Center for Cinema and the Moving Image. To date it has not been made compulsory by the Ministry of Culture, but is intended to be.
Charter of good practices between authors, technical service providers and sponsors of dubbing and subtitling, of January 10, 2011.
The professionals have drawn up this charter in order to establish a common frame of reference intended to guarantee both the quality of translation and adaptation work, the rights and duties of each of the parties involved and the conditions for fair competition. This charter has not been made compulsory by the Ministry of Culture.