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INDUSTRY France

The war against illegal downloads

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French producers are on the counter attack, bringing to justice the internet providers, using The Chorus [+see also:
trailer
film profile
]
by Christophe Barratier as a symbolic case. A communiqué published yesterday by the Film Producers Union (CSPF) underlines the point: "cinema professionals denounce advertising schemes which, by their investment in publicity, contribute the financing of illegal methods of downloading films". Noting the public availability on the Internet of The Chorus in April 2004 (less than a month after its cinema release) and on high quality DVD in September 2004 (official video release 27 October), the producers Galatée Films and Pathé Renn decided take to court Neuf Télécom, Télécom Italia, AOL, La Française des Jeux, la SNCF, Finaref and le Groupe Partouche for complicity to defraud. Also, the CSPF condemns the actions of Internet providers who give surfers the technical means of illegal downloading, which could be seen in a legal sense as provoking an illegal act, and that they benefit financially from the publicity banners and pop-ups that advertise illegal download sites.

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In the background, negotiations continue between the film industry and the Internet to create a “legal means of downloading films” (VOD). According to the daily Le Monde, a deal could be signed in September to allow downloading eight months after a film’s cinema release. A delay which is longer than that provided for films coming out on DVD and VHS, set at six months. However, many points still have to be agreed upon, in particular the sale of films on Internet which the internet providers are attempting to exclude from the agreement. Also, all the TV networks except Canal +, wish to make it impossible to download films likely to be broadcast. Finally, the internet providers are demanding access to the entire catalogues, with at least 50 % of them French, while the producers are prepared to accept that so long as genuine promotion of French films appears on the Net.
Last November, cinema professionals put forward five propositions: development of VOD uniquely on secure networks, payment per film (as opposed to a season ticket), minimal remuneration to the right holders at each download, a block on promotion on VOD before the publicity window for the film and an obligation to pre-buy films after a certain volume of business.

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(Translated from French)

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