Article L213-4 of the French Cinema and Moving Image Code
Failing conciliation, the Film Ombudsman may issue an injunction within a maximum of two months from the date of referral, which may be made public.
Failing conciliation, the Film Ombudsman may issue an injunction within a maximum of two months from the date of referral, which may be made public.
Each year, the Film Ombudsman examines the implementation of programming commitments made in application of 1° and 2° of article L. 212-23. He may obtain any additional information he deems useful. As part of this review, it makes observations and recommendations which are forwarded to the Chairman of the Centre national du cinéma et de l’image animée.
The Film Ombudsman refers to the Autorité de la concurrence any practices prohibited by articles L. 420-1, L. 420-2 and L. 420-5 of the French Commercial Code that come to his attention in the film distribution sector. This referral may be made under an emergency procedure, in accordance witharticle L. 464-1 of the French Commercial Code. The mediator may also refer any competition-related matter to the Autorité de la concurrence…
The Cinema Mediator intervenes in the settlement of disputes and takes his decisions without receiving instructions from any authority. These decisions may not be overturned.
If the facts of which he is aware are likely to be classified as criminal, the cinema ombudsman will inform the public prosecutor with territorial jurisdiction, in accordance with the provisions of article 40 of the Code of Criminal Procedure.
A decree in the Conseil d’Etat, issued after obtaining the opinion of the Autorité de la Concurrence, sets out the terms and conditions for the application of the provisions of this section.
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…
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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