03/04/2009

Following the Senate last October, on Thursday evening the National Assembly adopted the Creation and Internet bill (see news). In the case of illegal downloading of films, the future High Authority for the Protection of Rights on the Internet (HADOPI) will be able to request the suspension of Internet access for between two and twelve months, after two warnings (the first by email, the second by email and/or recorded delivery letter).

Supported by all the professional organisations of the French film industry, this new strategy for tackling piracy is expected to lead to an estimated 10,000 email warnings per day. Moreover, following the initiative of the European Producers Club and the European Producers Associations Alliance, 19 organisations from over 14 European countries have rallied to back the French law and have launched a petition against piracy.

During their examination of the bill, members of parliament also made changes to the distribution windows, bringing forward the DVD release of films to four months after the start of theatrical distribution (compared to the current six months). An amendment even provides for the possibility of reducing this to three months if the feature is unsuccessful in theatres and a special dispensation is granted by the National Film Centre (CNC).

In the opposite case, where the film enjoys a long theatrical run, the DVD release may be postponed after agreement from the cinema mediator. The legal downloading of films on the Internet through VoD (Video on Demand) will follow the same distribution windows unless the professional organisations reach an agreement in the month following the law’s promulgation.

(Translated from French)