French creatives denounce SVoD investment rules |

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From Pascale Paoli-Lebailly to Paris

February 10, 2022

The association of French authors SACD, as well as the producer organizations USPA and AnimFrance, have asked the French Council of State to cancel the agreements signed by the American SVoD platforms Netflix, Prime Video and Disney+ with the organization of Arcom regulation (ex-CSA) in December 2021.

SACD and its allies have also written to Arcom to request the withdrawal of agreements which required foreign SVoD services to devote 20% of their annual turnover in France to the creation of content in France, after the entry into force of the French Eurodirective “SMAV”. in July 2021.

80% of this sum will co-finance audiovisual content, 20% will go to the cinema. Apple’s app and iTunes Store commit to a 15% requirement for audiovisual and film content.

95% of the investment of SVoD platforms is devoted to back-catalog content such as fiction, documentary, animation.

While the regulations should generate 250 to 300 million euros in additional funding for producers and creators in 2022, i.e. around 350 million euros within five years, they are pushing back the organizations of authors and producers, who denounce all a “lack of cultural ambition” and diversity. They also consider the animation and documentary sub-quotas weak and unacceptable.

By genre, Netflix has pledged to invest 4.4% of its television contribution in animated works and 0.6% in documentaries, while Prime Video’s sub-quotas amount to 3% in independent documentaries and 3% in recording and live video broadcasts. Disney+’s animation quotas have been set at 3.5% while the documentary share represents 1.5% of its contribution.

The decrease in the share devoted to original works in French has also been singled out as potentially leading to a loss of several million euros of investment.

The new agreements entered into force in January 2022 and should be extended to five other platforms before the end of the year, including the French SVoD and VoD services Canal+ Séries, myCanal, Canal VOD and OCS, as well as Google.

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