Paragraph 2: Conditions relating to the creation process

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Article D331-5-1

French Cinema and Moving Image CodeIn force

Updated 8 Nov 2023

For works belonging to the genre of audiovisual adaptation of shows, the points in the scale are divided between five groups, under the following conditions:

I.-A maximum number of 31 points is allocated to the "Conditions of creation of the adaptation of the show" group, divided between the following three sub-groups:

1° "Authors" sub-group:

a) The "Authors" sub-group is awarded a maximum of 15 points, divided between the following positions:

-Director: 11 points ;

-Authors of audiovisual adaptations of the show: 4 points;

b) Points are awarded if the following conditions are met:

-The authors are either French nationals or nationals of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, of a State party to the European Convention on Transfrontier Television or of a European third State with which the Community or the European Union has concluded agreements relating to the audiovisual sector. Foreigners other than nationals of the aforementioned European States, who hold a French resident card or an equivalent document issued by a Member State of the European Union or another State party to the Agreement on the European Economic Area, are treated in the same way as French citizens;

-The audiovisual production contract and, as far as the director is concerned, the employment contract designate French law as the applicable law;

c) If there is more than one author for the positions mentioned in a), all the points are obtained if at least 50% of them meet the conditions set out in b);

d) Any point for a position that is not used for justified artistic or technical reasons is deemed to have been obtained.

2° "Audiovisual production company" sub-group:

The "Audiovisual production company" sub-group is awarded 12 points.

Points are awarded if the production company for the audiovisual adaptation of the show is established in France. A production company is deemed to be established in France if it carries out an activity there by means of a stable and permanent establishment and its head office is located in France, in another Member State of the European Union or in another State party to the Agreement on the European Economic Area.

3° "Location of filming" sub-group:

The "Location of filming" sub-group is awarded 4 points.

Points are awarded if filming takes place in France, in a Member State of the European Union or in a State party to the Agreement on the European Economic Area. If the filming takes place in another country and is not justified by artistic reasons relating to the place where the show is being staged, the points are not awarded.

II. - The "Performers" group is allocated 10 points if the majority of the performers in the show meet the nationality condition set out in b of 1° of I.

III. - The "Other collaborators" group is allocated 10 points if the majority of the performers in the show meet the nationality condition set out in b of 1° of I. III. - The "Other collaborators" group is allocated 10 points if the majority of the performers in the show meet the nationality condition set out in b of 1° of I. III.A maximum of 24 points is allocated to the "Other collaborators" group.

1° Points are allocated to the following positions:

a) Production manager: 5 points;

b) Director of photography: 5 points;

c) Chief picture editor: 5 points;

d) Chief sound operator: 5 points;

e) Cameramen: 4 points.

2° Points are obtained under the following conditions:

a) For the positions mentioned in a to d, the conditions relating to nationality and the law applicable to the contract as set out in b of 1° of I are met;

b) With regard to the item mentioned in e, the number of points obtained is determined on the basis of the ratio between :

-on the one hand, the amount of the remuneration, including social security contributions, of the executive staff who meet the nationality condition set out in b of 1° of I and whose contract meets the condition set out in the same b ;

-on the other hand, the total amount of remuneration, including social security charges, for all executive staff.

3° Any point relating to a position that is not used for justified artistic or technical reasons is deemed to have been obtained.

IV.-The "Technical filming equipment" group is allocated 10 points if at least 50% of the expenditure relating to the hire of filming equipment for shots, machinery, lighting and sound corresponds to services provided by companies established in France within the meaning of 2° of I.

V.-The "Post-production" group is allocated 10 points if the rental of filming equipment for shots, machinery, lighting and sound corresponds to services provided by companies established in France within the meaning of 2° of I. V.-The "Post-production" group is allocated 10 points if the rental of filming equipment for shots, machinery, lighting and sound corresponds to services provided by companies established in France within the meaning of 2° of I.The "Post-production" group is allocated a maximum of 25 points.

1° The points are divided between the following items:

a) Image: 10 points. These points concern all image post-production work with the exception of digital visual effects;

b) Sound: 10 points;

c) Digital visual effects: 5 points. When this item is not used for justified artistic or technical reasons, the points are obtained if the points corresponding to the items mentioned in a and b of this 1° are obtained.

2° Points are obtained if at least 50% of the expenditure relating to each item concerned corresponds to services provided by companies established in France within the meaning of 2° of I.

3° Any point relating to an item other than the item mentioned in c of this 1° which is not used for justified artistic or technical reasons is deemed to have been obtained.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

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