Section 2: Grant of cinematographic representation rights

The concession of public performance rights for a long-running film for which the cinematographic licence was issued less than five years ago may only be granted to a cinema operator in return for a proportional share of the film’s box office receipts. However, in respect of a specific cinema, the concession may be granted subject to the stipulation of a price fixed in advance when the operator of the cinema…

The basis for the proportional contribution is determined by the proceeds from the sale of admissions or, in the case of a cinema access package giving entitlement to multiple admissions, the sums corresponding to the reference price per seat determined under the conditions set out in articles L. 212-28 to L. 212-30, excluding the tax instituted in article L. 115-1. It is expressed, as is the resulting proportional share for…

The proportional participation rate is freely debated between a minimum percentage set at 25% and a maximum percentage set at 50%. However, for cinematographic works shown more than two years after the date of their first commercial showing in France, the minimum percentage is reduced to 20%.

Notwithstanding articles L. 213-9 to L. 213-11, a minimum remuneration per admission for the licensor is set by joint order of the Minister for Culture and the Minister for the Economy. This remuneration must be set at a level that reconciles the objectives of providing access to the greatest possible number of spectators and maintaining a diversified cinematographic offer. The minimum remuneration only applies when the remuneration per admission of…

A decree of the Conseil d’Etat, issued after consultation with the Autorité de la concurrence, sets out the terms and conditions for the application of article L. 213-12. It shall specify in particular 1° Admissions subject to special pricing for social, educational or film promotion purposes, which are not taken into account for the purposes of this article ; 2° The number of weeks following the cinema release during which…