#Film Production Lawyer in France: Audiovisual Law

Audiovisual law governs the creation, production and exploitation of audiovisual and cinematographic works. It combines copyright, the related rights of performers and a contractual regime dedicated to production. An audiovisual lawyer secures your projects: drafting contracts, assigning rights, complying with the media release windows and distributing on platforms. Hashtag Avocats, a law firm in Paris, assists producers, authors, directors, actors and content creators at every stage of the value chain.

Who are the co-authors of an audiovisual work under French law?

An audiovisual work made in collaboration brings together several authors. Article L113-7 of the French Intellectual Property Code (Code de la propriété intellectuelle) presumes the following to be co-authors: the author of the screenplay, the author of the adaptation, the author of the spoken text, the author of the musical compositions specially created for the work, and the director. This presumption is rebuttable. It can be overturned by evidence to the contrary. A work of collaboration is the joint property of its co-authors, who exercise their rights by common agreement (Article L113-3).

This classification shapes all subsequent exploitation. It determines who must consent to distribution, adaptation and remuneration. Failing to identify the co-authors weakens the chain of title. Our firm maps these ownership rights from the writing stage of the project. Every situation is different and calls for a case-by-case analysis.

The audiovisual production contract

The producer is the natural or legal person who takes the initiative and responsibility for making the work. Article L132-23 of the Intellectual Property Code sets out this definition. Under Article L132-24 (in French), the contract binding the producer to the authors, other than the author of the musical composition, entails, unless otherwise agreed, the assignment to the producer of the exclusive rights to exploit the work. This assignment does not cover graphic and theatrical rights, which remain separate.

Drafting this contract requires great precision. It lists the modes of exploitation, the territories, the term and the authors’ proportional remuneration. A vague clause creates a risk of litigation over the scope of the rights assigned. We secure these contracts upstream, for the producer as well as for the authors.

Contracts for authors, directors and actors

Each contributor signs a contract suited to their role. The author’s contract organises the assignment of rights in the screenplay or adaptation. The director’s contract combines an assignment of copyright with a technical service. The actor’s contract falls under both employment law and the related rights of performers. These documents must fit together without contradiction, or distribution may be blocked.

Authors’ remuneration is in principle proportional to the revenue from exploitation (Article L131-4). A flat fee remains an exception, limited to the cases listed by law. Each contract must specify the basis, the rate and the terms for rendering accounts. A vague remuneration clause fuels disputes several years after release. We make sure these provisions comply from the signing stage.

Related rights of performers

Performers enjoy rights separate from copyright. Article L212-1 of the Intellectual Property Code defines a performer as a person who acts, sings, recites, declaims or plays a work. These related rights protect the performance. They include an economic right and a moral right to respect for the performance.

Fixing, reproducing and communicating the performance to the public require the performer’s written authorisation (Article L212-3). For an audiovisual work, signing the contract concluded with the producer amounts to this authorisation (Article L212-4). Supporting artists (extras) are excluded from the definition in Article L212-1. A fixation without valid authorisation exposes the producer to an infringement action. Our team checks that these authorisations are sound before any exploitation. For related intellectual property issues, an overall analysis is essential.

Media release windows and streaming platforms

The media release windows (chronologie des médias) set the order in which a film is exploited after its cinema release. Article L231-1 of the French Cinema and Moving Image Code (code du cinéma et de l’image animée) (in French) sets a four-month period before video release, unless a derogation applies. For video-on-demand services, the period is set by the rights acquisition contract or by a professional agreement binding on its signatories (Article L232-1). This framework shapes distribution contracts and agreements with SVOD platforms.

Streaming platforms impose their own contractual requirements. They negotiate worldwide rights, exclusivity and obligations to invest in creation. We assist producers in these complex negotiations. The aim remains control over the rights assigned and their value over time.

Subscription video-on-demand services now contribute to financing French creative works. Their contracts often cover several territories and several languages. The assignment must then specify the authorised dubbing and subtitling languages. Exploitation outside the agreed scope exposes the distributor to a liability action. Rigorous drafting protects the producer’s future revenue.

Content creators, influencers and influencer contracts

Audiovisual creation now extends to online videos and social media content. A content creator holds copyright in their original videos. An influencer signs an influencer contract with the brands they promote. This contract governs remuneration, the assignment of rights in the content and the mandatory advertising disclosures.

The influencer contract must comply with the rules on advertising transparency. It sets the use of images, the duration of distribution and any exclusivity. An overly broad assignment clause deprives the creator of control over their work. Our firm drafts and negotiates these contracts for both parties. We also act on online reputation (in French) issues linked to distribution.

The role of an audiovisual and film production lawyer

An audiovisual lawyer acts from writing through to exploitation. They secure the chain of title, draft contracts and anticipate disputes. They advise on financing, co-productions and international agreements. In the event of a dispute, they act before the civil and commercial courts. Our team combines copyright, related rights and IT contracts for digital projects.

Frequently asked questions

Who are the co-authors of an audiovisual work?

Article L113-7 of the French Intellectual Property Code presumes the following to be co-authors: the screenwriter, the author of the adaptation, the author of the spoken text, the author of the musical compositions specially created for the work, and the director. This presumption is rebuttable and can be set aside by evidence to the contrary. The work is the joint property of the co-authors (Article L113-3). Clear identification from the writing stage avoids later deadlocks.

Does the producer become the owner of all the rights?

No. The contract binding the producer to the authors, other than the author of the musical composition, entails, unless otherwise agreed, the assignment to the producer of the exclusive exploitation rights (Article L132-24 of the Intellectual Property Code). This assignment excludes graphic and theatrical rights. Authors retain their moral right and their right to remuneration for each mode of exploitation. The wording of the contract determines the exact scope of the assignment.

Can an actor object to the distribution of their performance?

An actor is a performer within the meaning of Article L212-1 of the French Intellectual Property Code. Fixing, reproducing and communicating their performance to the public require their written authorisation (Article L212-3). For an audiovisual work, however, signing their contract with the producer amounts to this authorisation (Article L212-4). They also have a right to respect for their performance (Article L212-2). Exploitation without valid authorisation creates exposure to an infringement action.

Is an influencer contract mandatory in France?

Yes, above a remuneration threshold set by a decree issued after consulting the Conseil d’État: the contract between the influencer and the advertiser or agent must then be in writing, on pain of nullity, and contain mandatory particulars (identity of the parties, tasks, remuneration, intellectual property rights, applicable law). The advertiser and the influencer are also jointly and severally liable for damage caused to third parties in performing the contract (Article 8 of Law No. 2023-451 of 9 June 2023 (in French)). Every situation is different and deserves a tailored contract.

Official sources

• Article L113-7 of the French Intellectual Property Code, audiovisual work and co-authors: Légifrance (in French)
• Article L132-23 of the French Intellectual Property Code, audiovisual production contract: Légifrance (in French)
• Article L212-1 of the French Intellectual Property Code, related rights of performers: Légifrance (in French)

Law verified as at 5 October 2026. This content provides general information and does not constitute legal advice. Every situation is different: contact our team to secure your audiovisual contracts and projects.