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Article L213-9 of the French Cinema and Moving Image Code

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…

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Article L213-10 of the French Cinema and Moving Image Code

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…

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Article L213-11 of the French Cinema and Moving Image Code

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%.

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Article L213-12 of the French Cinema and Moving Image Code

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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Article L213-13 of the French Cinema and Moving Image Code

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…

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Article L213-14 of the French Cinema and Moving Image Code

The contract granting cinematographic performance rights includes the following stipulations: 1° The title and technical characteristics of the cinematographic work for which the rights are granted for exhibition in cinemas; 2° The date of delivery of a copy of the cinematographic work and the date of commencement of performance of the contract; 3° The minimum period of performance of the contract and the conditions for its renewal or termination; 4°…

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Article L213-16 of the French Cinema and Moving Image Code

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…

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Article L213-17 of the French Cinema and Moving Image Code

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.

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Article L213-18 of the French Cinema and Moving Image Code

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…

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