French film makers are worried. At the 26th Dijon “Rencontres européennes cinématographiques”, on 20-22 October, they said they were afraid that, in what the film makers feel is a mad rush to complete the digital single market, the European Commission would cast a shadow over the principle of territoriality.
Participants debated how to avoid “Culturexit”, that is to say, the ending of support for culture and even stronger disavowal of Europe. Discussions, however, focused on the principle of territoriality, which restricts geographic range of licences to finance production. Speakers expressed concern at the Commission investigation into possible anti-competitive practices by six major US cinema studios and the UK pay-TV Sky (see EUROPE 11470).
“On the one hand, the Commission acknowledges the principle of territoriality and, on the other, it attacks it through competition. It is to be wondered if there is not some doublespeak here”, commented Pascal Rogard of the French society of authors and composers of dramatic works (SACD), the moderator of the debate. Speakers also condemned the revision of the cable and satellite directive (93/83/EEC), designed to facilitate cross-border online distribution of television programmes (see EUROPE 11624). In their view, this is “yet another attack on the principle of territoriality”, to use the words of European Coalitions for Cultural Diversity President Carol Tongue of the UK. After making the point that 96% of the UK creative industry opposed the country’s leaving the EU – Brexit – she went on to express the support of her association for the Commission proposal for quotas of European works in the catalogues of providers of video on demand (VOD) services.
The European Commission has suggested that the threshold should be set at 20% and the European Parliament’s joint rapporteurs will propose 30%. For many members of the Civil Society of Authors, Directors and Producers (ARP), joint organisers of the Dijon “Rencontres”, this is not enough. “The impression is that they are cobbling something together and that there is a levelling down to keep everyone happy. But 20% is quite simply an admission of weakness”, stated Radu Mihaileanu, ARP Vice-President. France already applies a minimum quota of 60% and the European average is 27% (with some countries, such as the Netherlands – where Netflix is based – having no quotas whatsoever).
When asked about the possibility of bringing in an inalienable right to remuneration for authors, Anna Herold, who is responsible for copyright in the private office of Günther Oettinger, said that the Commission was hampered by the legal basis – the internal market – of the proposal. “It’s a miracle even that there’s a chapter on remuneration for authors in the Commission proposal. The situation for authors in France is quite exceptional; the United Kingdom, for example, would not have accepted it”, she said. On the issue of piracy, another matter raised in the discussion, Herold urged those attending the conference to become involved in the revision of the directive on enforcement of intellectual property rights. “This is not going to be a simple matter. I urge you to be active”, she said.
This the 26th Dijon “Rencontres européennes cinématographiques” was the last for Florence Gastaud as ARP chief delegate. She will be replaced in this post by Mathieu Debusschere in November. (Original version in French by Sophie Petitjean)