Sharing convictions
Beliefs in favour of scriptwriters
We support producers of audiovisual and cinematographic works in all their areas of activity. However, during contractual negotiations with authors, our involvement is conditional on the sharing of common convictions and guiding principles. These are intended to guide the producer and our firm towards a negotiated settlement. virtuous and fairand define their working conditions and transfer of rights.
Coherence and Fair Ecosystem
This commitment to shared values is designed to ensure that our firm has consistency with our commitments to our clientele of agents, artists-authors and professional organisations. Its aim is to encourage the emergence of a a fair and virtuous ecosystem between all those involved in an audiovisual or cinematographic work.
These convictions are based on recommendations and solutions that we believe are adapted to the emerging challenges of recent years, as detailed in the numerous reports published on these issues.
Positive Dynamics and Talent Attraction
These guiding principles are in no way intended to be a constraint; on the contrary, they establish a dynamics conducive tofulfilment of all those involved in audiovisual production. This favourable environment contributes to the success and success of sustainability your relationships, creating a magnet for the best talent in a highly competitive environment.
Restoration of Authors' Rights
These principles also aim to restore to authors the full exercise of the rights granted to them by law, thus opposing the bad practices of producers which have led in response to the emergence of author-producers. This approach aims to return to thethe original spirit of copyrightwhich underpins all producers' rights.
ContactGuiding principles
- Distinction between writing remuneration and assignment remuneration
- Transparency of the revenue base : Gross revenue
- Creative Cooperation and Fair Sharing of the Final Cut
- Transparency and Fairness in the Negotiation of Writing Conditions
- Combating Buy-Out Practices
- Legal Framework for Writing Workshops under Employment Law
Distinction between writing remuneration and assignment remuneration
Current legal context
The law presumes that authors' rights are transferred to the producer as soon as a contract is concluded, requiring only proportional remuneration for the exploitation of rights. Case law also recognises that authors contribute their rights to the SACD (double contribution theory).
Legal risks for producers and psychosocial risks for authors
The current producer unions consider that the sums of money paid to scriptwriters for writing, referred to as "à valoir", remunerate both the writing service and the transfer of rights, even though the rights are presumed to have been transferred to them without having to pay anything other than proportional remuneration. This confusion in the classification of the sums paid, which was denounced at the time by the report by Bruno Racine and today by the doctrineexposes producers to a legal risk. It effectively paralyses the flow of revenue due to authors and leads to payment schedules. unfairThese are essentially due to factors beyond the control of the scriptwriters, which can lead to psychosocial risks.
Conviction for Change
We are firmly convinced of the need to qualify this remuneration as " design and creation income "in accordance with the terminology used in Article R. 382-1-1 of the Social Security Code. This qualification does not exclude the possibility of also providing for an advance on rights. However, the latter must be fixed in consideration not of the writing work required of the scriptwriter, but of a realistic valuation of the exploitation of the work to come, taking into account its destination market.
ContactTransparency of the revenue base : Gross revenue
Legal context and contested practices
In both the audiovisual and film industries, collective agreements have endorsed a practice that case law had nevertheless qualified as contrary to the law. In 2003, the Paris Court of Appeal sanctioned this basis, considering that Article L. 131-4 of the French Intellectual Property Code requires that proportional remuneration be based on all operating revenues.
Spirit of the Law
This approach reflects the spirit of the legislator, who wanted proportional remuneration to be linked to the price paid by the public, when the latter pays directly for access to the work. The gross receipts base aims to shift the financial risk inherent in the business onto the producerwhich exempts the author from liability for the costs incurred in exploiting his or her work.
Current uses and legal risks
However, audiovisual and cinematographic producers, encouraged by professional agreements, use the Producer's Share of Net Receipts (RNPP) to remunerate authors, thereby deducting costs beyond the author's control. We believe that there is a legal risk with regard to hierarchy of standards. What legal value can there be in an extension order from the Ministry of Culture confirming a remuneration basis that is contrary to the case law of the Paris Court of Appeal?
Inadequacy of the basis of assessment and complexity of rendering accounts
We believe that this basis of assessment unsuitablecreating a no confidence authors to producers in the face of complex accounting procedures. It imposes on producers an incredibly complex legal and accounting treatment. complex and expensive. However, it is relatively simple, when negotiating the proportional remuneration rate, to establish a rule of three to establish a gross revenue equivalent.
Example
Let's take a concrete example: if a producer wishes to offer a rate of 4% of RNPP for international sales with estimated costs of 40%, all he has to do is set his rate at 2.85% of gross revenue. This avoid having to call on the resources of accounting, legal and/or royalties departments to draw up invoices. This rate will also guarantee greater transparency and a easy to understand for the authors, eliminating systematic doubts about the veracity and appropriateness of the costs incurred.
ContactCreative Cooperation and Fair Sharing of the Final Cut
Convinced of the crucial importance of the 'final cut' in the film and audiovisual creative process, we advocate balanced creative collaboration between scriptwriters, directors and producers.
In specific situations where the contribution of the scriptwriters is decisiveWe recommend that the final decision-making process, represented by the "final cut", should be the subject of an "evaluation". case-by-case assessment in consultation with the producer. This assessment, based on the anticipated reality of the contribution expected from the scriptwriter, aims to define a fair sharing of this responsibility. Our principle is to create an environment conducive to harmonious collaboration, fostering the quality and diversity of film and audiovisual productions, particularly when creating series.
ContactTransparency and Fairness in the Negotiation of Writing Conditions
This principle requires transparent negotiation in good faith between producers and scriptwriters as to the number of versions required to produce a quality script. The key elements are as follows:
Open discussion on the number of versions:
Producers need to engage in frank discussions with scriptwriters to determine the number of versions required and included in the agreed initial remuneration. These discussions must take account of artistic considerations, the requirements of the broadcasters and the production constraints envisaged. In addition, extra remuneration must be provided for additional rewrites when the contract is signed.
Ban on Acceptance Deadlines :
The acceptance deadlines applied to the writing work may be cancelled in accordance with Article 1304-2 of the Civil Code. However, it is permissible to offer additional remuneration in the form of aguaranteed minimum when production starts. This remuneration distinctly negotiated must be set with due regard not only to the writing work required of the scriptwriter, but also to a realistic valuation of future operations of the work, taking into account its destination market.
Combating Buy-Out Practices
The current practices imposed by the American subscription video-on-demand platforms (Netflix, Disney+, etc.) are contrary to the law. These practices involve manipulating the article L.131-4 paragraph 2 of the French Intellectual Property Code to suggest that it would be impossible to ensure the payment of proportional remuneration to authors outside the three territories covered by the SACD. This allegation has been contradicted for years by themusic industry (Spotify, Deezer), which guarantees payment in proportion to each track's share of total recorded listening, territory by territory.
Aware of the disproportionate balance of power between producers and platforms, our firm is committed to raising the awareness of these platforms during the relevant negotiations, while remaining aware of the binding nature of the proposed contracts. Ne encourage you to put pressure on your trade unions to change these practices, because no lawyer can give you any legal guarantee that the authors will not take action against any lump-sum clauses that may be imposed on you.
Our approach aims to highlight the incompatibility of these practices with current legislation and to encourage positive trend in industry, while informing you of the potential legal challenges associated with these contracts.
ContactLegal Framework for Writing Workshops under Employment Law
Prevention of Psychosocial Risks :
The introduction of a legal framework that complies with employment law aims to preventing psychosocial risks arising from working conditions in writers' workshops. This includes recognition and appropriate remuneration for the work done by scriptwriters.
Reclassification of remuneration :
The proposed legal framework aims to minimise the risk of sums paid in the form of copyright being reclassified as royalties in salary. By clarifying remuneration arrangements and bringing them into line with labour standards, we aim to ensure that solid legal protection for both producers and scriptwriters.
Our firm is committed to developing balanced legal solutions that both protect the rights of scriptwriters and prevent psychosocial risks in writing workshops.
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