1 – French definition of the « Droits d’Auteurs »

Created by Beaumarchais in 1791, the french « Droits d’Auteurs » is a first « world wide » original idea.

First it brings financial rights though collecting and distributing societies, but it also protects the work cultural identity and the liberty of creation.

Above all, it preserves the integrity of the work.

Moral right is non-transferable and stays the author’s ownership.

We are talking about, Cultural Identity of the European Productions facing the « Copyright ».

The « Droit d’auteur français » is very criticized due to the preference given to the authors versus the producers prefering the copy right law, in favor of liberal economics.

Even in the european law,(Bern 1986) one amendment showed up in the resolution : Instead of « Moral right is not respected when an action lowers the integrity of the creative work » we can read « Moral right is not respected when an action lowers the moral dignity and the authors honour » Legal action is not easy, because very hard to evaluate.

This is the result of pressures of copy right law supporters.

In the AFC’s reflection, after consulting our attorney Bernard Edelman - a specialist of Author’s rights, – the first step would be to find a political entity proposing a new law project (a senator, or an other member of the chambers) recognizing the DoPs as co-authors and then eligible for creative rights. In the french National Cinematography Center, - the legal authority of Production in France – DP’s are : Head of departments and creative collaborators. This moral right is also a financial right and would probably help us to collect points, even if this is a very low percentage, in the sharing of the financial rights.

With this recognition, we could with our knowledge and competence control the integrity of the work and if needed go to court.

2 – DP’s in France.

In 1948, when societies for collecting authors rights were created in France, it was also offered to cinematographers who in turn refused prefering remaining employees with the privileges of the social laws, fringe benefits...

A/ How it works in France.

Cinematographers are employees in the film industry, through the pay roll system, wich then allowed them to get :

a collective bargaining agreement, controlled by the CNC, unions and producers, (« Convention collective »)

good social coverage,

health plans and retirement,

paid vacations,

unemployement benefits.

B/ Financial supports to french Cinema and associated industries

We are recognized by the CNC and awarded a DP’s national card which, production needs, to benefit multiple national helps or endowments to the film industry. You cannot start a feature film with a DP not having the CNC card, like other heads of departments.

France has a policy to support and help national technical industries « loi d’agrément » support law to production, and loan on pre-sale box office (« avance sur recettes ») which you have to reimbourse after a successful box office.

In case of co-production with a french financial majority there is an obligation to hire french techniciens.

3 – Debates and contreversy « Droits d’Auteurs » in the AFC’s membership.

Key technicians, creative collaborators, the person in charge of the photography of a film, co-author of the image of a film, not every AFC’s member seems to agree on an ideal definition.

Some of us think that the quality of « Auteur » might isolate the DP in his own crew, because of his different status – « artistic - auteur » status.

Being awarded the author quality, could induce producers to try to lower our salaries which would in turn important changes in fringe benefits already existing in commun french productions and this is becomming mor and more crucial with the new technologies.

Modern post-production, film new technics and digital cinema, including their broadcasting by remote systems, cable or waves, could modifie responsabilities of the DP and generate loss of control quality image if producers re not obliged to respect the original work.

4 – Targets of the A.F.C.

A - The AFC would like to modifie and actualise the basic agreement of the Dps including all needed changes by new technology existing and to come.

B – The AFC DP charter will be a joint effort with all the differents parts involved in the concept of the image : producers, production and post-production managers, labs, color supervisors, editors and of course directors.

Being legally co-authors of the image of a movie, through this charter, allowes us, without having any artistic difference with directors, to saveguard the visual integrity of a movie.

5 – Actual initiatives

A / Photo exhibit generated from photograms of « Hell Anatomy » directed by Catherine Breillat and photographes by Yourgos Arvanitis a.f.c. and Guillaume Schiffman a.f.c.

Catherine Breillat recognize the status of co-author of images to Yourgos Arvanitis and Guillaume Schiffman and give them a percentage on the stills sales.

B / Jimmy Glasberg a.f.c. brings the production of Claude Lanzman to court for fraudulents use of photograms of the picture « SHOAH » on which he was the DP : the photography was credited to an image broker, signed by him, and was on the main cover of the DVD.

The A.F.C. supports fully the action of Jimmy Glasberg against this company.

C / Initiative for a ulity label for pressing and tranfer for elements involved in the making of a DVD

D / Tatoo of original elements of movies insuring tracability of the DP choices.

E / Défense and protection of H.D broadcasting parameter