Call Us + 33 1 84 88 31 00

Title VI: Protection of public access to cinematographic and audiovisual works

Article R261-1 of the French Cinema and Moving Image Code

Any transaction enabling a person who is not subject to the obligation to seek ongoing exploitation laid down in article L. 132-27 of the French Intellectual Property Code and who is not a co-producer of the work or works concerned to: 1° Acquire, directly or indirectly, one or more cinematographic and audiovisual works from a producer who is subject to the obligation to seek ongoing exploitation laid down in article…

Read More »

Article R261-2 of the French Cinema and Moving Image Code

The technical elements necessary for fixing the work are: 1° For works fixed on a photochemical medium: a) Image negative film; b) Sound negative film and sound magnetic media; c) Where these are the only technical elements existing or available, positive copies or intermediate elements enabling positive copies to be obtained; 2° For works on analogue media other than photochemical media: the original analogue media usually referred to as “masters”;…

Read More »

Article D261-3 of the French Cinema and Moving Image Code

The notification to the Minister responsible for culture is accompanied by a file containing : 1° Identification of the transferring producer and the beneficiary of the planned operation ; 2° A detailed description of the planned operation, including the title of the cinematographic or audiovisual work(s) or the list of cinematographic or audiovisual works falling within the scope of the agreement provided for inarticle L. 132-27 of the Intellectual Property…

Read More »

Article R261-6 of the French Cinema and Moving Image Code

The Commission for the Protection of Access to Works comprises nine members: 1° One member of the Court of Cassation, nominated by the First President of the Court of Cassation, Chairman; 2° One member of the Council of State, nominated by the Vice-Chairman of the Council of State; 3° The Director General of Media and Cultural Industries or his representative; 4° The Director General of the Treasury or his representative;…

Read More »

Article R261-7 of the French Cinema and Moving Image Code

Members of the Commission for the Protection of Access to Works are bound by an obligation of confidentiality with regard to all facts, information and documents of which they are aware in their capacity as such, including those concerning the work or works which are the subject of the proposed operation. This obligation also applies to former members.

Read More »

Article R261-8 of the French Cinema and Moving Image Code

The members of the Commission de protection de l’accès aux œuvres are subject to an obligation of impartiality. On taking up their duties, the members of the Commission shall inform the Chairman of: 1° The positions they hold, and those they have held over the previous three years, in a company or corporation controlled, within the meaning of article L. 233-3 of the French Commercial Code, by a company in…

Read More »

Article R261-9 of the French Cinema and Moving Image Code

When a member of the Commission for the Protection of Access to Works has been contacted by a person directly or indirectly interested in a transaction submitted for its assessment, with the clear aim of influencing this assessment, he/she shall immediately inform the chairman and the secretariat of the Commission mentioned in Article R. 261-17.

Read More »

Article R261-10 of the French Cinema and Moving Image Code

No member of the Commission de protection de l’accès aux œuvres may take part in deliberations relating to a transaction concerning: 1° A company controlled, within the meaning ofarticle L. 233-3 of the French Commercial Code, by a company in which he or she holds or has held a position during the three years preceding the deliberation, or in which he or she holds or has held a position or…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.