Section 4 : Digital equipment for cinemas cinematographic establishments

I. – The following are required to contribute, either directly or through an intermediary, to the financing of the investments necessary for the initial installation of digital projection equipment in cinemas existing on the date of promulgation of Act no. 2010-1149 of 30 September 2010 on the digital equipment of cinemas and the initial installation of digital projection equipment in cinemas approved before 31 December 2012: 1° Distributors who, as…

The amount of the contribution provided for in article L. 213-16 is negotiated between the parties on fair, transparent and objective terms, so that it remains less than the difference between the cost of making a work available on a photochemical medium and the cost of making a work available in digital format.

In the event of a dispute concerning the application of 1° of I of article L. 213-16 and article L. 213-17, the matter may be referred to the Cinema Mediator pursuant to article L. 213-1 . The cinema mediator requires the parties to the dispute to provide any information or document that he or she considers useful, in particular the contracts mentioned in article L. 213-14 and in III of…

In order to preserve the diversity of the cinematographic offer, any practice is prohibited and any contractual clause is deemed to be unwritten which is likely to make either the choice of distribution or programming of cinematographic works in cinemas, or the determination of the rate of the contribution proportional to the box office receipts provided for in articles L. 213-9 to L. 213-11, dependent on the conditions of determination…

The Chairman of the Centre national du cinéma et de l’image animée (National Centre for Cinema and Moving Images) will convene a professional consultation committee responsible for drawing up recommendations for good practice to ensure, in the context of digital projection, the widest possible distribution of cinematographic works in the general interest, the maintenance of the cultural development of the territory and the diversity of cinematographic works and cinematographic entertainment…

Exhibitors of cinematographic establishments transmit to distributors the data extracted from the operating logs of digital projection equipment relating to the exhibition of long-running cinematographic works that these distributors have made available to them. However, the Centre national du cinéma et de l’image animée may, on behalf of the exhibitors, transmit the data to the distributors concerned. Exhibitors also send the Centre national du cinéma et de l’image animée the…

The digital projection equipment and digital files or data referred to in article L. 213-16, their conditions of use and the operating logs referred to in article L. 213-21 comply with ISO international standards relating to digital projection in cinemas.

When their purpose is to finance, even partially, the initial installation of digital projection equipment, selective financial aid from the Centre national du cinéma et de l’image animée is subject to programming commitments controlled by the Chairman of the Centre national du cinéma et de l’image animée under the same conditions as those relating to 4° of article L. 212-23. These programming commitments are monitored for a period of five…