Report creation date: 14.10.2008 - 10:29
Countr(y/ies): France
Chapter(s):
1,2,21,22,23,24,241,242,243,244,245,246,3,31,32,33,4,41,42,421,422,423,424,425,426,427,428,429,4210,43,5,51,511,512,513,514,515,516,517,518,519,52,53,531,532,533,534,535,536,537,538,539,5310,6,61,62,63,64,7,71,72,73,8,81,811,812,813,82,821,822,83,831,832,84,841,842,9,91,92
France/ 1. Historical perspective:
cultural policies and instruments
The history of cultural policies in
France, from their origins under royal patronage in the 16th century until the
present, is marked by: the central role the state has played in promoting and
organising knowledge (Collège de France, the National Library), the arts
(Comédie-Française, the Louvre Museum) and culture, and the gradual
creation of administrative structures and budgeted funds (creation of the Fine
Arts Secretariat in the 19th Century and the establishment of a separate
Ministry of Culture in July 1959).
André Malraux, who wrote the decree
of the first ministry stated that "the ministry in charge of cultural
affairs has the role of making available capital works from humanity, and
initially from France, to the greatest possible number of French people, of
ensuring the largest audience for our cultural heritage, and of supporting the
creation of the spirit and works of art which enrich it" (Decree n°
59-889, known as the "founding decree", of 24 July 1959).
This decree opened the path for its successors in the areas of: heritage protection,
contemporary creation, distribution and education, devolution of the
administration and regulation of the cultural industries. André Malraux set up
a Ministry of Cultural Affairs from the existing directorates of the Ministry
of Education and the National Film Centre (Ministry for Industry). The new
administration's primary aims were to promote contemporary creation in all
artistic disciplines and a broader participation in cultural activities,
especially in the areas of theatre, music and heritage. André Malraux wanted to
set up Arts Centres (Maisons de la Culture) in each French département
in order to stimulate contemporary artistic creation and disseminate culture on
a broad scale. France is geographically divided into 96 administrative
divisions known as départements. Maisons de la Culture were
eventually set up in 9 cities. As part of the move towards déconcentration,
three regional cultural affairs directorates were set up in 1969.
Jacques Duhamel (1971-1973) carried
out a simultaneously interdisciplinary and interdepartmental policy aimed at
integrating culture into society. He set up procedures to establish partnership
contracts between the government and cultural institutions (television, cinema
industry, theatre companies). The Fonds d'intervention culturel (FIC)
was created in order to finance innovative partnerships with other ministries.
In the field of visual arts, the 1% system (which ruled that 1% of the
construction costs of a new public building must be set aside for the funding
of an art work for that same building) was extended to include all existing
public buildings.
While continuing to follow the
policy lines initiated by André Malraux and Jacques Duhamel, the following six
ministers introduced their own changes. In 1974, Michel Guy created a
breakthrough for young artists and contemporary art by signing the first of a
series of cultural development agreements with municipalities and régions.
In 1977, the Georges Pompidou Contemporary Arts Centre was opened and the Museums
Finance Act was adopted in 1978; 1980 was declared Year of National
Heritage.
During this period, the Ministry of
Culture stepped up its moves towards modernisation and its involvement with
contemporary society. Measures included an increase in cultural funding; the
widening of the ministry's scope of activities to include new art forms; the
integration of culture into the economic world; and the development of
audiovisual communications. The Ministry received ongoing support from the
President of the Republic, François Mitterrand, who gave his stamp of approval
to a series of major construction projects known as the "Grands
Travaux" (Arche de la Défense, the Bastille Opera House, the
Grand Louvre, the National Library...). The Ministry's budget was doubled in
1982 and gradually increased to represent 1% of the state budget: increasing
from 2.6 billion francs in 1981 to 13.8 billion in 1993.
Moves towards déconcentration
were stepped up with the completion of a network of regional cultural affairs
directorates (DRAC), which collaborate with the local authorities. Several
major training institutions were either restored or established: École
nationale supérieure de la création industrielle (ENSCI), Institut national
du patrimoine (heritage), the two Conservatoires nationaux supérieurs de
musique (Paris and Lyon) and the École du Louvre. Over a period of
12 years, more than 8 000 jobs were created in the cultural field. Arts
education in schools was modernised, new disciplines were taught (theatre,
cinema, art history...), and a range of schemes were organised to raise the
awareness of children about culture, such as arts projects, school visits to
the cinema, heritage projects etc. As a result of economic changes and the
growth of "home-based" cultural activity, the Ministry began to place
more emphasis on the cultural industries (books, records, cinema, audiovisual)
with a view to regulating the market (aid mechanisms for the film industry,
price regulations on books, radio broadcasting quotas for French-language music...).
The law on the use of the French language was adopted in 1994. A range of
initiatives aimed at the "problem" districts was introduced. Culture
was included in regional development initiatives.
Over a period of three years, the
Minister of Culture carried out a policy aimed at broadening cultural
participation with emphasis on the development of heritage, the performing arts
and new technologies. Catherine Tasca's initiatives were mainly directed
towards cultural diversity, across-the-board access to arts education and state
reform via decentralisation. With regard to audio-visual communication, she
sought to reinforce the government's regulatory function and increase high
quality production in France without curbing the dynamism of the private
sector.
In May 2002, in the first government
of President Jacque Chirac's second term of office, Jean-Jacques Aillagon was
appointed Minister of Culture and Communication. In one of his first
interviews, he stated that "The right wing, heedful of modernity, is capable
of [implementing] a far-reaching cultural policy."
In March 2004, Renaud Donnedieu de
Vabres became Minister. His term was mainly spent calming the crisis of
"intermittent du spectacle", and regulating access to new
technologies.
During the last forty years, local
and regional authorities increased their public support for culture. The
municipalities, as owners of certain cultural facilities such as museums,
municipal theatres, libraries and music schools, are now the main providers of
government funds for culture. Encouraged by the Ministry of Culture and
Communication to draw up their own cultural policies, the municipalities,
followed by the départements and régions, have become involved in
local public cultural action to a degree far exceeding the obligations laid
down in the devolution laws of 1982, 1983 and 1992.
France/ 2. Competence,
decision-making and administration
2.1 Organisational structure
(organigram)
Organigram 1: Key actors in
public cultural policy making
Source :
Projet de Loi de finances pour 2002, effort financier de l'État dans le
domaine culturel, ministère de l'Économie, des Finances et de l'Industrie. Bilan
social 2002, Direction de l'administration du Ministère de la Culture et de
la Communication. Les Effectifs des collectivités territoriales au 31
décembre 2000, 2001, 2002, Institut National de la Statistique et des
Etudes Economiques (INSEE).
(I) Cultural institutions under
national jurisdiction: institutions directly attached to the central
administration of the Ministry of Culture and Communication. They have
functions in the field of management, technical studies, formation, and
activities of production of goods or provision of cultural services in national
matters. Examples: national archives, research and restoration centres,
museums, media libraries and national libraries of architecture and heritage,
etc...
(II) Public institutions of the
state: cultural organisations under the supervision of the state, having an
own legal status, as well as administrative and financial autonomy e.g.:
national museums, national arts centres, national academies, national art
schools, etc...
(III) Public Institutions of
Inter-municipal Co-operation (EPCI): regroupings of municipalities which
aim to develop joint projects in various fields. The EPCI's are subjected to
common, homogeneous and comparable rules with those of the local authorities
e.g.: the Communautés de Communes, the Communautés d'Agglomération, the
Communautés Urbaines, and the Syndicats intercommunaux.
Organigram
2: Ministry of Culture and Communication:
central directorates and divisions
The Ministry of Culture and
Communication consists of a General Secretariat created on the 24 November 2006
by Decree 2006-1453. It has authority over the Directorate of General
Administration (DAG) and the Division for Development and International Affairs
(DDAI).
Ten administrative directorates have
a role in the design, orientation, control and evaluation of cultural policies
and measures at the national level:
In addition:
The following are also part of the
Ministry: General Inspectorate, a Haut conseil de l'éducation artistique et
culturelle (installed on 19 October 2005), a Conseil supérieur des
musiques actuelles (installed on 16 January 2006), and a Conseil
supérieur de la propriété littéraire et artistique (installed on 28 July
2006).
France/ 2. Competence, decision-making
and administration
2.2 Overall description of the
system
France is a social and democratic
Republic directed by the President. The principal representative bodies are the
French National Assembly, the Senate and the Economic and Social Council. The
President appoints the Prime Minister, who is responsible for forming the
government and whose task it is to define and implement the nation's policies.
The government is made up of ministers, each with specific responsibilities,
who exercise their authority over the national departments relevant to their
portfolios. Within the government, the Minister of Culture and Communication
participates in the preparation and implementation of national policies and is
specifically responsible for cultural affairs.
The Minister of Culture and
Communication exercises political authority over the directorates and other
services of the Ministry of Culture and Communication. It is the minister's
task to define the overall priorities and guidelines for ministerial
initiatives and, accordingly, decides how funds are to be distributed between
the directorates and oversees their allocation. The distribution of funds is
determined during the drafting of the budget and is subject to the overall
guidelines defined by the government. The budget must receive parliamentary
approval.
A certain number of other ministries
allocate substantial funds to the provision of cultural services: for the
education and training of students and for educational museums in the field of
history and natural sciences (Ministry of Education and Research); within the
framework of public education and animation (Ministry of Health, Youth and
Sports), for certain cultural heritage (monuments and museums under the Ministry
of Defence), for the export of French culture abroad (Ministry of Foreign
Affairs), and for scientific and technical culture (Industry, Agriculture),
etc.
Local administration in France is
the responsibility of directly elected local authorities (régions, départements
and town councils). They are not answerable to the state and, in compliance
with the laws of the Republic, are independent of each other. France's
devolution laws define each council's scope of activity.
Local authorities - the town
councils in particular - are highly active in the cultural field. Town councils
manage most local cultural facilities and organise a large number of cultural
events in their area (e.g. festivals), partly in cooperation with the Ministry
of Culture and Communication.
France/ 2. Competence,
decision-making and administration
2.3 Inter-ministerial or
intergovernmental co-operation
Co-operation between the Ministry of
Culture and Communication and other ministries
Ministries other than the Ministry
of Culture and Communication participate directly in public cultural
development. Those principally concerned are the Ministry of Education and
Research, the Ministry of Health, Youth and Sports and the Ministry of Foreign
Affairs. A wide range of cultural projects are undertaken by these ministries
in the fields of training in the arts; conservation of specialised libraries,
national museums, monuments and the historical archives of ministries; and
cultural initiatives outside of France.
The Ministry of Education and
Research and the Ministry of Culture and Communication are implementing a
five-year plan covering art and culture in schools. The Haut Comité des
enseignements artistiques, installed in September 1988, was replaced by the
Haut Conseil de l'éducation artistique et culturelle in 2005. This
change aims to broaden the curriculum in arts and cultural education. The
objectives of the council are to develop new technologies (access to
knowledge); social cohesion through culture and the arts; cultural diversity;
contractual policies with the communities; amateur arts; to sensitise students
to other cultures in Europe; and to develop services for disabled people.
The protocol of 31 October 2001,
between the Minister of Culture and Communication and the Minister for Health,
Youth and Sports, affirms "the common investment of the two ministries in
favour of governmental support for arts activities, [and their engagement to]
harmoniously develop educational projects that bring art and culture to
children and young people", within the framework of popular education.
In regard to international cultural
relations, the Ministry of Foreign Affairs, which is responsible for cultural
co-operation, is encouraging cultural and artistic exchanges and the use of the
French language around the world. The association "Culture France"
(formerly the Association française d'action artistique, AFAA) is
assigned by the Ministry of Foreign Affairs and the Ministry of Culture and
Communication to supervise international cultural exchanges and development aid
(see also chapter
2.4.1).
Agreements have been signed between
the Ministry of Culture and Communication and other ministries: the Ministries
of Agriculture (for the development of socio-cultural education in agricultural
teaching establishments); Health, Youth and Sports (for culture in hospitals,
for example), and Justice (for the development of cultural activities in
prisons).
Co-operation between the Ministry of
Culture and Communication and local and regional authorities
The Ministry of Culture and
Communication controls and supervises certain cultural activities put in place
by local and regional authorities. These comprise the keeping of archives, the
scientific and technical inspection of museums and libraries, and the pedagogic
inspection of cultural and arts training institutions (music schools, art
colleges...).
One of the principal features of
public cultural development in France is joint action between the various
public actors, numerous institutions, cultural initiatives and facilities at
national, regional and local levels which are co-funded by these actors. The
main examples of these partnerships are: regional or departmental associations
for the development of music and choreography (and occasionally drama); music
and dance institutes and teacher training centres; contemporary arts centres;
cultural exchange centres; national theatres; regional opera houses and
orchestras; regional co-operation agencies for books; and heritage restoration
centres. Many of these institutions benefit from a state branding and / or are
part of a national network. The funding potential of the different public
actors varies according to the nature of individual structures and sometimes
varies between structures of a similar type.
Specific measures have been drawn
up: the two funds Regional Funds for Museum Acquisition (Fonds
régionaux d'acquisition des musées, FRAM) and the Regional Funds
for Library Acquisition (Fonds régionaux d'acquisition des bibliothèques,
FRAB), are supported on an equal basis by the Ministry of Culture and
Communication and the régions. These funds are intended for the
acquisition of art works and the enlargement of the collections of museums and
libraries under the control of local and regional authorities. The Fonds
régionaux d'art contemporain (FRAC) was also created to assemble
contemporary art collections in each région and to carry out
awareness-raising and dissemination activities in the sphere of contemporary
art.
In addition, specific contractual
agreements between the Ministry of Culture and Communication and the local and
regional authorities were signed in order to implement cultural development at
a given regional level:
There are also broader partnership
and contractual frameworks (not specifically cultural) involving the government
and the local and regional authorities, such as the state / région
project contracts and the city contracts.
The project contracts define the
priorities for joint investment over a period of 7 years, and are aimed at the
economic, social and cultural development of the régions. The city
contracts define an overall group of joint initiatives between the different
ministries and municipal councils that encounter problems of an economic,
social or urban nature.
The state / région projects
and city contracts frequently include cultural content covering, for example,
arts teaching, vocational training, and regional cultural development.
The regional councils (régions),
the general councils (départements), and the municipal councils (municipalities),
are elected and in charge of the territorial administration. They do not depend
on the state and administer themselves according to the laws of the Republic.
Each one exercises competence as defined by the laws of decentralisation (1982,
1992) in its own area. The Constitution of the Fifth Republic, of 3 June 1958,
was modified on 28 March 2003, to register these "decentralised
organisations".
The cultural intervention of the
local authorities and especially those of the municipalities play an important
role in providing support for culture like for example cultural events
(festivals), equipment, etc.; sometimes in cooperation with the Ministry of
Culture and Communication.
The Laws on Inter-municipal
Co-operation and Regional Development (dated 25 June 1999 and 12 July 1999)
led to the creation of new Public Inter-municipal Co-operation Institutes
(Etablissements Publics de Coopération Intercommunale, EPCI) which
constitute new local entities whose cultural action supplements and improves
the cultural offer of the municipalities. Therefore, several municipalities
choose to co-operate in order to realise a certain number of joint actions such
as, for example, public transport or public reading projects.
Since August 2004, a law gave local
authorities autonomy in culture e.g. in the field of heritage and arts
training. The régions and the départements can, if they wish,
take over the management and equipment by transfer of the decentralised
appropriations of the state for a four year period. This Law also established
new provisions concerning the organisation and the financing of artistic
training at the territorial level. Each territory has specific
responsibilities: the municipalities organise primary and secondary level
teaching, the départements prepare departmental diagrams of development
of this lesson; as for the régions, they undertake professional
teaching.
Within the framework of the European
Year of Intercultural Dialogue 2008, various ministries and their specialised
services are cooperating on different projects: Foreign Affairs, Education,
Culture and Communication, Francophonie. Since the new government took office
in June 2007 inter-ministerial actions are being taken. France will chair the
European Union Presidency during the second half of 2008. General coordination
is entrusted to the Division for Development and International Affairs (Délégation
au développement et aux affaires internationales, DDAI) of the Ministry of
Culture and Communication. Other organisations are responsible for French
language training, social integration and professional implementation. The Fonds
d'Action et de Soutien pour l'Intégration et la Lutte contre les
Discriminations (FASILD) is a governmental organisation supported by the Fonds
d'Action sociale (FAS), founded in 1958, which provide financial
support for the integration of immigrants. It is responsible for the municipal
cultures, together with the Ministry of National Education, the Ministry of
Health, Youth and Sports and the Ministry of Culture and Communication, in
particular within the framework of the Cité National de l'histoire de
l'immigation (CNHI) and the "politiques de la ville" (i.e.
where there are difficulties in urban areas).
The President of the Republic
initiated the creation of a "Ministry for Immigration, Integration,
National Identity and Co-Development", which merges different authorities
such as the border police, citizenship and family, social and professional
integration systems.
The government adapts these systems
to each territorial community through the prefectoral services and, in certain
localities, with sub-prefects which have the role of managing the problems
related to the "politiques de la ville".
France/ 2.4 International cultural
co-operation
2.4.1 Overview of main structures
and trends
In addition to its priority of
promoting French culture abroad, France is developing a new policy of
international co-operation aimed at promoting cultural pluralism and diversity.
Several government departments and local authorities share responsibility for
initiatives in this area.
Promoting French culture outside of
France
The promotion of French culture
abroad is one of the oldest components of French foreign policy. Mainly the
responsibility of the Ministry of Foreign Affairs, it involves a wide range of
activities including the promotion of the French language, education and
academic exchanges, scientific and technical co-operation, exchanges in the
arts, books, and the promotion of French films, radio and television. The
policies laid down by the Ministry of Foreign Affairs are implemented abroad by
an external cultural co-operation network comprised of the cultural departments
of French embassies and consulates, French cultural centres and institutions
(approximately 150), 25 human and social science research centres, and the
Alliances Françaises (approximately 1 000 of varying size).
The Ministry of Culture and
Communication plays a key role in the field of cultural industry exports via
organisations partly co-funded by the Ministry of Foreign Affairs and the
different fields of culture industries. These include: Unifrance for
cinema, France Edition for books, Bureau export de la musique
française, and Culture France (formerly Association française
d'action artistique - AFAA). Established in 1922, this structure implements
the cultural exchange policies defined by the Ministry of Foreign Affairs in
collaboration with the Ministry of Culture and Communication. Culture France
also works in partnership with numerous local and regional authorities in
France (municipalities, départements, régions). It carries out
diffusion initiatives and implements co-operation, co-direction, training and
residential projects around the world. It is also the co-ordinator of foreign
cultural seasons organised in France.
The promotion of foreign cultures in
France
In order to foster the expression of
other cultures in France, the Ministry of Culture and Communication encourages
culture operators to expose French audiences to foreign productions. In
collaboration with the Ministry of Foreign Affairs, the Ministry actively
participates in the organisation of foreign cultural "seasons" and
supports a large number of initiatives that place particular emphasis on
foreign cultures in their programming, festivals and institutions (Maison
des cultures du monde) throughout France. As a result, hundreds of events
are helping to extend foreign culture in France.
Cultural co-operation
The vitality of France's cultural
scene and its experience in cultural administration and management give rise to
a significant demand for co-operation (in the form of expertise and training)
with foreign governments and culture operators. In addition to the programmes
"Courants" (Streams) and "Formation Internationale
Culture" (International Cultural Training), a number of directorates
and institutions of the Ministry of Culture and Communication provide training
for foreign professionals, and numerous expert missions covering a wide range
of fields are organised each year.
France/ 2.4 International cultural
co-operation
2.4.2 Public actors and cultural
diplomacy
France organises cultural events in
co-operation with foreign embassies (see also chapter
2.4.1). For particular celebrations (e.g. "Year of Brazil",
"France in China", the centenary of diplomatic relations between
France and Korea), intergovernmental cooperation are pursued and lead to
exchanges of artists, literary translations, a catalogue of films, exhibitions
etc.
Foreign cultural institutions
located in France present their culture and arts to the French public. The most
famous is the Institute of the Arab World (IMA), which is the fruit of a
partnership between France and twenty-two Arab countries: Algeria, Saudi
Arabia, Bahrain, Djibouti, Egypt, United Arab Emirates, Iraq, Jordan, Lebanon,
Libya, Morocco, Mauritania, Oman, Palestine, Qatar, Somalia, Sudan, Syria,
Tunisia and Yemen.
IMA, which has foundation status,
was originally designed to show and present Arab culture. Nowadays, it has
become a true "cultural bridge" between France and the Arab World.
Open to the public since 1987, IMA has three main objectives:
Other institutions also promote
foreign cultures such as the Musée des civilisations de l'Europe et de la
Méditerranée (in Marseilles), the Guimet Museum (Asian arts) or the Musées
des Arts Premiers. Regarding the performing arts, the presence of foreign
artists in France is a normal and ongoing reality (actors, musicians, dancers,
poets, writers, and personalities from the theatre...).
Local authorities have the statutory
duty to engage in "external actions"; this right has been recognised
by the Prime Minister in 1983 (before local authorities carried out the
activities issued by the state). Within this framework, the local authorities
engage in economic and cultural promotion, emergency interventions or of
solidarity. Since 1992, the local authorities can also engage in
"decentralised co-operation" with foreign regional and local
authorities. These are formalised through specific conventions and based on the
principle of "double reserve" that they respect the international
engagements of France and that the partner is not a sovereign state. Local
actors can be networks, general practitioners or sets of themes, on a European
or world level.
Local authorities are also involved
in transborder or interregional co-operation, in particular through European
Community programmes. All aspects of international co-operation undertaken by
local authorities are governed by the recent Law Oudin, adopted on 27
January 2005. The Ministry for Foreign Affairs supports local authorities in
these types of actions by co-financing and mobilising the services of the
external network of France. A new Division for the External Action of Local
Communities was created in 2006 within the Directorate-General of International
Co-operation and of Development (DGCID). A national Commission for
decentralised co-operation was also created, which forms a privileged
instrument of dialogue between the state and the local communities on this
subject.
All of the régions in France,
more than three-quarters of the départements, almost all of the large
cities and urban communities, many small municipalities and a growing number of
inter-municipal structures are involved in projects of international
co-operation, which makes it difficult to specify the number of cultural
projects undertaken. On the one hand, a certain number of projects comprise a
cultural dimension, e.g. those linked to tourism, development, etc, and on the
other hand, all of these projects express a great heterogeneity. The database
of the Ministry for Foreign Affairs has a list of thirty-five projects which
were undertaken specifically in the cultural field in 2007.
France has set up a French cultural
network abroad, composed of the French institutes, the French cultural centres
and the Alliance Française. Closely associated to the work of the embassies,
this network promotes cultural diversity through dialogue and cultural
exchanges, as well as the promotion of training in the French language, the
participation in debates of ideas, documentation on France and studies in
France.
A new international Agency of
Museums was created in 2007 to provide support to the various French museums
abroad projects, such as the Louvre in Abu Dhabi and to support the national
and international development of French museums.
Masters level courses in the field
of culture and arts training include a European or international dimension,
which is supported by specific modules and possibilities for students to spend
a few months abroad. France also takes part in large programmes of
international university networks. The University Agency of Francophonie (AUF)
has a membership of 658 higher education and research institutions, and has set
up a programme entitled "French Language, cultural and linguistic
diversity", which crosses all the continents. The MEDA (Mesures
d'accompagnement) programme is the European Union's financial arm within the
Barcelona Process which aims at implementing the measures of co-operation
intended to help Mediterranean third countries to reform their economic and
social structures and to mitigate the effects of economic development in
relation to social and environmental concerns. It also has a cultural dimension
that crosses over to other programmes addressing the Mediterranean.
Table 1:
State expenditure for the promotion of French culture abroad: estimated for
"culture and communication", in million euros, 2005-2007
|
2005 |
LFI
2006 final
budget |
PLF
2007 draft
budget |
Ministry of Foreign Affairs |
|||
Cultural and scientific activity:
French language and culture, linguistic and cultural diversity |
101.1 |
110.1 |
108.6 |
Ministry of Culture and
Communication |
|||
International cultural action |
26.3 |
19.9 |
19.6 |
Cultural industries |
4.7 |
4.6 |
4.9 |
Media |
|||
Audiovisual productions |
(1) |
160.2 |
160.2 |
International French information
channels |
(2) |
65.0 |
70.0 |
Press |
3.3 |
3.3 |
2.8 |
Total |
135.4 |
363.2 |
366.1 |
Source:
Document de Politique Transversale, External State Action - Action extérieure
de l'Etat, PLF 2007.
LFI: Loi de
finances initiales (Initial finance law, budget voted by the Parliament).
PLF Projet de
loi de finances (Bill of finances, established by the ministries to be
subjected to the vote of the Parliament).
1.
The corresponding amounts were not entered in the external state action until
2006.
2.
From 2006.
France/ 2.4 International cultural
co-operation
2.4.3 European / international
actors and programmes
Promotion of European and
multilateral co-operation
The Ministry of Culture and
Communication attends all European Community negotiations pertaining to
culture. It informs French operators on European funding, provides support for
certain European networks, and participates in the activities of the Council of
Europe and UNESCO. The Ministry pays particular attention to cultural diversity
issues dealt with by the numerous multilateral organisations (WTO and OECD in
particular) and is a member of the international network on Cultural Policy
(RIPC / INPC).
The Meetings for Europe of Culture (Les Rencontres pour l'Europe de la culture) reinforced
the issue of cultural diversity. The fact that the Commission represented all
EU members during the negotiations toward the UNESCO Convention on the
Protection and Promotion of the Diversity of Cultural Expressions was a
determining element. Despite the difficulties of the European constitutional
draft treaty (failure of the Referendum in France in May 2005), the debates
around this project show the importance of maintaining the principle of
deciding unanimously for trade negotiations of goods and services when cultural
diversity is in question.
France ratified the 2005 UNESCO
Convention on the Protection and Promotion of the Diversity of Cultural
Expressions on the 5 July 2006. It is considered to be the first
international law on culture, as well as providing the foundation for
international laws on health and the environment.
France is one of the main actors
leading the "International Organisation of Francophonie" (OIF), an
organisation created in the 1970s, which represents approximately 200 million
people who speak French today, on the five continents, and which currently
gathers 68 Member states and observers. The OIF, in addition to the assertion
and the promotion of the French language on the international scene, works to
promote cultural diversity and development. In France, the Ministry of Foreign
Affairs, the Ministry of Culture and Communication, the Ministry of National
Education and the Ministry of Higher Education and Research have entrusted the
responsibility for the Francophonie to the Prime Minister and the President of
the Republic.
France/ 2.4 International cultural
co-operation
2.4.4 Direct professional
co-operation
The reception and training of
foreign artists and cultural professionals are a major component of the
international strategy of the Ministry of Culture and Communication. Its
programmes support the reception of more than 300 foreign professionals in all
cultural fields, mainly in the major cultural venues, each year.
In addition to the activities
undertaken by cultural institutions, local authorities and initiatives play an
important role in promoting French artists.
France/ 2.4 International cultural
co-operation
2.4.5 Cross-border intercultural
dialogue and co-operation
Of the twenty-two metropolitan régions,
eleven are bordered with other countries: Belgium, Luxembourg, Germany,
Switzerland, Italy, Spain, and Andorra. Therefore, cross- border relations are
numerous and there is a long history of cultural, historical and linguistic
activity (Flanders, Alsace-Lorraine, the Bavarian, Swiss and Italian Alps,
Catalogne, the Pyrenees...). Cultural actions, exchanges of professionals and
artists, performances, exhibitions, heritage projects, etc, are actions
supported by the DRAC (see chapter
3.1) in collaboration with partners in the neighbouring countries.
The communities of rural or urban régions
create contacts with their frontier counterparts in neighbouring countries.
Local authorities participate in European programmes such INTERREG and in
"Eurorégions" e.g. the Nord-Pas-de-Calais région is linked to
Kent in the United Kingdom and the province of Western Flanders in Belgium, and
engage in cultural activities exchanges with them. The Festivals of the Rhine,
the Franco-Spanish "ferias", the inter-celtic festivals in Brittany
(the festival of the "Old Plough" at Carhaix in Brittany, the
festival of Lorient), are events which show the cross-border character of a
number of cultural activities in France.
There is no specific programme
targeted at the French diaspora abroad.
Universities in France participate
in inter-academic programmes such as Erasmus, Socrates, Leonardo, etc.
France's cross-border relations
concern not only culture, but also sports, employment, the environment and
health and everyday life (binational families).
For more information, see our Intercultural Dialogue section.
France/ 2.4 International cultural
co-operation
2.4.6 Other relevant issues
French cultural policy will
certainly be marked, in the short term, by various questions such as:
France/ 3. General objectives and
principles of cultural policy
3.1 Main elements of the current
cultural policy model
The French cultural policies model
is characterised by the substantial action of public authorities. In addition
to the legal and regulatory aspects administrated by the state concerning
cultural actors, goods, and activities, national, local and regional
governments allocate substantial funds to a range of cultural fields. This
action is written into the overall objectives of public cultural policy and is
mainly administered by specialised public service departments.
Equal access to culture for citizens
is written into the French Constitution: it is incumbent on the state to ensure
that all people are potentially able to participate in cultural life. More
generally, it is widely recognised in France that culture is an integral part
of overall development (including social and economic development). Culture is
thus a key factor in ensuring the quality of life and fulfilment of each and
every individual.
A range of policies have been
devised to correct recognised inequalities due to geographical, economic
and social obstacles impeding participation in cultural life. They are aimed at
extending and diversifying audiences, and fostering the development of the
widest possible range of cultural and artistic activities in all cultural
fields. These policies take shape in, for example, initiatives that benefit
certain sections of the population and priority geographical areas.
In accordance with the law,
government action also covers, on the one hand, the protection, maintenance,
conservation, development, promotion, diffusion and enhancement of cultural and
artistic heritage, considered to be common property to be shared by the
nation, and, on the other hand, the protection, promotion, encouragement,
support and diffusion of and for cultural and artistic creativity. In
these areas, government support is aimed at preventing and correcting the risks
inherent in the functioning of the market place: the disappearance
concentration and standardisation of cultural products, which are not
considered to be ordinary marketable commodities.
Moreover, the government has
responsibility for artistic and cultural education and training as it has for
general education. This takes place either within the school framework (visual
arts, music, specialised training in theatre, in film, in the maintenance of
cultural heritage), or by means of specialised schools at national or
territorial level (academies), or by associations and popular education. This
educational and pedagogic aspect of government cultural action is, of course,
closely linked with the issue of access to, and participation of, individuals
in cultural life.
The Ministry of Culture and
Communication is responsible for the implementation of government-initiated
action in the field of culture throughout the French territory. Certain other
ministries take action in specific areas of cultural policy (the Ministry of
Foreign Affairs and the Ministry of Education and Research for example).
Regional and local authorities are also responsible for the implementation of
cultural policies in their particular spheres (municipal, intermunicipal,
regional); cultural action carried out by the various public actors often
overlaps and is thus increasingly co-ordinated or carried out jointly.
The Ministry of Culture and
Communication undertakes action in two ways: regulatory action (in the
context of laws passed by Parliament) and direct action by means of
public funds allotted to the Ministry in the context of the national budget.
Regulatory action
The Ministry of Culture and
Communication is responsible for the implementation and supervision of laws and
provisions relating to culture. Legal regulations involve, for example,
heritage protection, the duties and the scientific and technical standards of
archives and collections, literary and artistic property, artists' welfare, the
institution of taxes and fees for certain cultural sectors (cinema, live
entertainment), and obligatory production and diffusion quotas (broadcasting
quotas).
These regulations do not necessarily
imply the commitment of public funds on the part of the government. On the
other hand, they could have substantial financial consequences for local and
regional authorities and cultural actors (private television networks, owners
of cultural heritage goods, etc.). Regulatory action by the Ministry of Culture
and Communication also includes: initiatives aimed at endorsing the quality,
professionalism and incorporation of cultural and arts activities into
political policy objectives - for example, by declaring them as state-approved
(general interest).
Direct action
One of the most direct actions of
the Ministry of Culture and Communication involves the direct management of
public cultural institutions (museums, national theatres, schools of higher
education,...), the maintenance and development of public cultural, artistic
and historical heritage, artistic commissions and construction, the delegation
or allocation of grants to institutions and cultural actors as well as to
regional and local authorities for their cultural initiatives.
State intervention in the cultural
field endeavours to be open to all artistic and cultural genres, forms and
aesthetics. Decisions relating to artistic commissions, allowances, the
allocation of government grants, heritage protection, and the recruitment of
culture specialists, are usually made with advice from consultative bodies,
which include independent experts recognised in the appropriate fields.
The Ministry of Culture and
Communication does not hold a monopoly on cultural action, which is also, to a
large degree, initiated by the local and regional authorities. The public
sector plays a major role in supporting culture in France. Parenthetically, a
large part of state-supported cultural activity is organised by private actors
(in the same way as numerous associative structures in the cultural sector).
The role of local and regional
authorities
France's larger town and city
councils have been actively engaged in culture for a long time. Since the 19th
century many of them have been administering and funding libraries, museums,
theatres and municipal conservatories and subsidising cultural associations and
learned societies. Since the 1960s, other much smaller municipalities have also
been developing their own - often ambitious - cultural policies.
Devolution laws
The devolution laws of 1982 and
1983, with their constitutional recognition in March 2003, have encouraged the
cultural actions of the local and regional authorities with the help of the
Ministry's Regional Directorates for Cultural Affairs (Directions régionales
des affaires culturelles, DRAC). The spheres of competence of central lending
libraries and département archive services have been transferred to the départements
under these same laws.
Spheres of competence
Municipalities, départements and régions i.e., regional or
local authorities, each have responsibility for culture. Between the déconcentration
of government departments and devolution, this is a new mode of public action
based on prevailing co-operation. While the state government has continued to
play a substantial role in the public funding of culture, the contribution of
local and regional authorities has significantly increased and now represents
60% of overall funding.
Municipalities can take action in
all cultural sectors - heritage conservation and presentation, production and
diffusion of performing arts, promotion of books and reading, and arts
education. In this regard, a growing number of municipalities now have (since
the period 1960-1970) elected representatives assigned to cultural affairs and
have developed increasingly important cultural departments. The degree to which
the municipalities invest in culture is dependent solely on their political
will, except in the case of public archives, which they are under obligation to
conserve and make accessible to both researchers and the general public. The
procedures for cultural intervention are subject to the state regulatory
authority.
Partnerships
Co-operation between the various
public and private sector cultural actors is organised in accordance with a
range of contractual procedures with varying degrees of specialisation:
cultural development agreements, the "Ville et Pays d'Art et d'Histoire",
"Villes-Cinéma" and "Villes-Arts plastiques"
agreements, local arts education contracts, together with the cultural sections
of the "City Contracts", the "Major Urban Projects" and the
"State-Région Plan Contracts". With the increase in their number and
their occasional overlapping, these agreements often prove difficult to handle.
In the field
A number of towns and cities are
partners in national institutions and thus endeavour to follow cultural
policies initiated by the state government. However, as they are much closer to
the realities of their localities and their inhabitants, local and regional
authorities are also endeavouring to increase cultural support in their
localities by developing readership and arts education programmes, by
supporting cultural events (festivals, etc.) and by protecting and developing
heritage. They often provide the only support for cultural associations and
amateur and emerging cultural and artistic activities.
The future of devolution
There are two emerging major trends
which are likely to lead to substantial changes in public support for culture
in the years to come: the first is the emergence of "inter-municipal
co-operation" which will gradually and unavoidably affect the cultural
field. France is comprised of over 36 500 municipalities, of which
35 700 have less than 10 000 inhabitants (including 27 800
municipalities with less than 1000 inhabitants). Although they are of greatly
varying sizes (with subsequently varying available resources), they all have
the same competence. In order to provide some of them with sufficient means to
carry out certain initiatives adapted to local scale, municipalities have the
possibility of delegating the implementation of certain assignments to
"inter-municipal co-operation" structures. The second emerging trend
is the possibility of increased devolution, particularly in the areas of
heritage and arts education (experimental actions are being currently
discussed).
France/ 3. General objectives and
principles of cultural policy
3.2 National definition of culture
In the context of the French
government's cultural policies, culture is defined in a far broader sense than
the strict definition of the word would suggest, which, if adhered to, would be
excluding, elitist and totalitarian. On the contrary, France's cultural
policies are based on a far-reaching assignment and a universal vision of cultural
phenomena. This is clearly evoked in the Ministry of Culture's brief, which
states: "The Ministry of Culture shall be responsible for making the major
works of humankind accessible to the maximum number of people, with particular
emphasis on French works." Accordingly, the Ministry administers a policy
aimed at "protecting and developing all facets of cultural heritage,
encouraging the creation of works of art and other creative works, and
fostering the development of arts training and activities." (Decree of
15 May, 2002, Article 1). Contrary to certain former regimes, France's
cultural policies have never claimed to "contain", "shape"
or "be" culture. They do, however, have fixed aims: to foster
creation; protect national heritage; develop cultural industries; broaden
access to cultural activities; to promote cultural diversity; and to support
creation, both in the high arts and in emerging cultural expressions.
France/ 3. General objectives and
principles of cultural policy
3.3 Cultural policy objectives
The fundamental objectives of
cultural policy in France are the same as those declared in the Decree of 24
July 1959 by André Malraux, which are described in chapter
1.
Since this time, new information and
communication technologies have considerably developed and enabled access to
knowledge and information. Despite such developments the political vision
remains the same - to help all forms of cultural expression reach new
audiences; the latter being one of the main objectives of cultural policy.
Since its creation, one of the
essential missions of the Ministry of Culture and Communication has been to
encourage access to and participation in both heritage and the works of
contemporary creativity. Cultural policy objectives in France have proceeded
through different stages with focus on: "cultural action" (1970s),
"cultural development" (1980s), inter-ministerial partnership (1990s
including draft-agreements with the ministries responsible for agriculture,
defence, education, youth and sports, the family, justice, disabled people,
health, and tourism), followed by "decentralisation of culture"
(2000s) in cooperation with local authorities.
See also chapter
4.1.
France/ 4. Current issues in
cultural policy development and debate
4.1 Main cultural policy issues and
priorities
The main cultural policy priorities
in France are:
France/ 4.2 Recent policy issues and
debates
4.2.1 Cultural minorities, groups
and communities
One of the major debates of French
cultural policy concerns the recognition of cultural minorities, national or
foreign, present on its territory. The Constitution declares in Article 1
that "France is an indivisible Republic, laic, democratic and social. It
ensures equality, in the eyes of the law, for all the citizens, without distinction
of origin, race or religion. It respects all beliefs. Its organisation is
decentralised "therefore minorities in France do not have any particular
cultural status (or other: legal, pertaining to worship, economic...). However,
for a long time France has been a country of cultural diversity and, like the
rest of the world, lives in a time of globalisation. France develops its effort
to promote cultural integration within the limits envisaged by its Republican
laws.
The government has reaffirmed that
France does not recognise minorities, whether they be ethnic, religious,
linguistic or other. Under French law, all citizens have equal rights, and the
law is not intended to accord specific rights to given "groups"
defined by their community of origin, culture, beliefs, language or ethnicity.
France's population is made up of
people from numerous origins and cultural traditions. Cultural development,
which obviously leans on these patrimonial elements, artistic activities, and,
in particular, languages - whether they be regional languages or those
resulting from immigration, is an important and privileged approach to creating
identity and encouraging exchange within the French community as a whole.
France's legal and administrative
texts avoid naming populations according to their ethnic origin, but this does
not exclude recognition of an individual's social activities or lifestyle.
Several national, inter-departmental or regional organisations and associations
supervise and assist in the smooth regulation of this policy, for example: the
Commission départementale d'accès à la citoyenneté (CODAC), the Groupe
d'étude et de lutte contre les discriminations (GELD), the Agence
nationale de lutte contre l'illettrisme (ANLCI), the Fonds d'action et
de soutien pour l'intégration et la lutte contre les discriminations
(FASILD), and the Association pour le développement des relations
interculturelles (ADRI)...
Article 1 of the Constitution of the Fifth Republic prohibits the discrimination of
inhabitants in France because of their membership in religious or ethnic
groups. That makes it difficult to gather data on the populations of foreign
origin which are either of French nationality, or from abroad living legally on
the territory. Nevertheless, the rules were softened, and there is now more
precise information on those of foreign origin living in France (the latest
available data is from the 1999 census).
Distinction between foreigners and
immigrants
In France, any person is
"foreign who does not have French nationality", while
"an immigrant is a person born
in another country, but who lives in France. After entry into France, an
immigrant can either become French, or remain ‘foreign' (...) any foreigner is
not necessarily an immigrant, and any immigrant is not inevitably a
foreigner."
(Statistical Directory of France, INSEE, edition 2007, p.68)
Table 2:
Share of immigrants and foreigners in France, 2006
Immigrants:
4 930 000 |
|
|
French
by acquisition |
Foreigners
|
Foreigners
|
|
Foreigners:
3 510 000 |
|
Source:
Statistical Directory of France, Insee, édition 2007.
Immigrants
Since 1975, the share of immigrants
in the population has remained stable, but the nature of immigration has
changed greatly: entry to France based on family grounds increased; the
immigrant population was feminised; and the immigrants come from increasingly
remote countries. They live, more often than the remainder of the population,
in couples, in particular with children. More than half of the couples are
bi-national. Because of the size of their families, the weakness of their
incomes and their concentration in large cities, immigrants are more often
tenants of the social sector. They are more affected by unemployment and they
often occupy the position of unqualified workers or employees. Their over
representation in industry, the building sector and public works prevails.
To date, only 5% of individuals
younger than 66 years old have two immigrant parents. The children of
immigrants often have difficulties in school, but not more so than other
children in the same social environment. According to the social origin data,
the descendants of migrants have the same social destiny as those in other
countries.
Table 3:
Immigrants according to their country of origin, June 2006
Country
of origin |
%
of total |
Number
of immigrants |
Europe |
44.9 |
1 934 144 |
Spain |
7.3 |
316 232 |
Italy |
8.8 |
378 649 |
Portugal |
13.3 |
571 874 |
Poland |
2.3 |
98 571 |
Other European countries |
13.2 |
568 818 |
Africa |
39.3 |
1 691 562 |
Algeria |
13.3 |
574 208 |
Morocco |
12.1 |
522 504 |
Tunisia |
4.7 |
201 561 |
Other African countries |
9.1 |
363 289 |
Asia |
12.8 |
549 994 |
Turkey |
4.0 |
174 160 |
Cambodia, Laos, Vietnam |
3.7 |
159 750 |
Other Asian countries |
5.0 |
216 084 |
America, Oceania |
3.0 |
130 394 |
Total |
100,0 |
4 306 094 |
Source:
INSEE (http://www.insee.fr)
and Statistical Directory of France, INSEE, edition 2007, op. cit.
Basic rights
Immigrants have the same rights as
the French, with regard to education, health and social security. If they are
foreign, they cannot vote. However, they profit from cultural rights within the
framework of the Law on Associations (1901) which was open to all
residents in October 1981: this law of 1981 allows any foreigner or immigrant
living in France, under certain conditions, to create associations, including
religious organisations, with the proviso of respecting the Constitution
(secularity, equality, freedom of conscience, etc.).
Until June 2007, the principal
responsibility for immigration in France came from the Directorate of
Population and Migration of the Ministry for Employment, Social Cohesion and
Housing. The new Ministry for Immigration, Integration, National Identity and
Co-development was created by the new President Sarkozy to pursue the policy of
integration and to fight against illegal immigration.
Various public organisations care
for immigrants, the most important and oldest among them being the Fonds
d'Action et de Soutien pour l'Intégration et la Lutte contre les
Discriminations (FASILD - Funds of Action and Support for Integration
and the Fight against Discrimination). This is a governmental organisation
resulting from the Funds of Social Action (FAS) founded in 1958 for the
"Muslim workers of Algeria" in cities and their families. FASILD finances
operations in favour of the integration of immigrants and the populations
considered as such in the French population.
Another organisation working in this
field is the National Agency for Social Cohesion and Equal Opportunities
(ACSÉ), created by Law n° 2006-396 of 31 March 2006, published in the
Official Journal on 2 April 2006.
Many cultural actions provide
support for immigrants. French language courses are organised by associations
to assist integration and naturalisation, and are assisted by the Ministry of
Labour, Social Relations and Solidarity. One third of all immigrants have a
poor command of spoken French and 46% cannot write it correctly. To remedy this
situation, the Ministry of Labour and the Ministry of National Education
created an Diplôme initial de langue française (DILF - Initial
Diploma of the French language), intended to validate a basic level of
knowledge of French by all foreigners, whether they reside, or not, on the
territory, and by the whole of the non-francophone French (Decree
n°2006-1626, of December 19, 2006). This diploma is a prerequisite before
acquiring French nationality.
The Ministry of Culture and
Communication has a Délégation générale à la langue française et aux langues
de France (DGLFLF), which promotes the cultural and artistic knowledge of
the French language.
Many libraries or municipal media
libraries have books in the languages of immigrant communities (e.g. Arab,
Portuguese, Asian languages, languages of Central Europe, Tziganes, etc.). They
publish lexicons, glossaries and monolingual dictionaries in various languages
(French, English, German, Spanish...) for foreigners in different fields such
as audio-visual, music, cinema, economy and finance, history of art, data
processing and the Internet. They organise exhibitions and performances that
communicate francophone artistic expressions (which relate to approximately 60
countries or regions in the world).
Festivals or other celebratory
events of foreign cultures are organised such as Banlieues bleues (jazz
and afro-American music), theatre, photography exhibitions, film evenings
(African, Asian, Iranian...), and innumerable music concerts. It is estimated
that 5 000 festivities are organised related to the issue of immigration
and which are, according to French law, systematically open to the entire
public.
France/ 4.2 Recent policy issues and
debates
4.2.2 Language issues and policies
French is the only official,
national, administrative and daily language of the French Republic. However the
reality of cultural diversity obliges France to reconsider its historically
firm position on this point and to take into account regional languages in
France and certain foreign languages related to immigration (Arab, Portuguese,
languages of Asia, East and Central Europe). Training in many of these
languages is provided by specialised cultural associations or centres.
From a general standpoint, France
has been committed, for the last several years, to the development of
multilingualism, in particular by increasing the number of language teaching
establishments. The following examples illustrate this point:
Local and regional authorities and
the Directions régionales des affaires culturelles (focussing on cinema,
live performance, information and communication technologies, visual arts and
museums, architecture and heritage, and archives) are all working on the
exchange of knowledge between cultures. They are manifested through festivals
e.g. "Les Belles Etrangères", language fora (in large cities) and
cultural events (in municipalités)
The Délégation générale à la
langue française et aux langues de France (DGLFLF) within the Ministry of
Culture and Communication, in collaboration with the Agence nationale de
lutte contre l'illettrisme (ANLCI), has set up an interdepartmental working
group to harmonise language teaching courses open to the general public.
The training of the regional
languages of France is not forgotten. This teaching usually takes place,
however, in higher education institutions where they are pursued by subsidised
associations, circles of scholars / specialists gathering individuals of all
generations and all competences.
French, the official language of the
French Republic, acts as a cohesive element throughout France and is spoken by
over 100 million people in the world's francophone communities. In the face of
globalisation and the emergence of new communication networks, the defence of
the French language and its ongoing use as an international language has become
a priority. Accordingly, the policy aimed at the francophone community has been
reinforced over the last fifteen years and now covers multilingualism and
cultural diversity (see also chapter
2.4 and chapter
3.3).
Within the Ministry of Culture and
Communication, the Délégation générale à la langue française et aux langues
de France (DGLFLF) is responsible for fostering French in France and
throughout the francophone community. The Directorate of Books and Readership
(DLL) administers support for French language books, reviews, magazines and
scientific publications. The Regional Directorates of Cultural Affairs (Directions
régionales des affaires culturelles - DRAC) promote awareness of the French
language, multilingualism and the reception of foreign tourists.
Languages of France
On 15 June 1999, France ratified the
European Charter for Regional or Minority Languages, but did, however,
accompany its signature with a Declaration stating its interpretation of the
Charter. The reference in the Charter to "groups" of language-speakers
did not appear to be compatible with the preamble to the French Constitution,
which "guarantees the equality of all citizens before the law and
recognises one French nation composed of all its citizens regardless of their
origin, race or religion." The Declaration also stipulated the obligatory
use of the French language by all government departments, public services and
users, that the teaching of regional and minority languages be optional, and
that all official versions of legislative texts be published in French.
Language is an extremely sensitive matter and has led to different
interpretations of such concepts as "state", "Europe" and
"region".
France/ 4.3 Recent policy issues and
debates
4.2.3 Intercultural dialogue:
actors, strategies, programmes
The French cultural administration
gives importance to intercultural dialogue and linguistic diversity. It
provides support to the Cité nationale de l'histoire de l'immigration
(CNHI) opened in June 2007 and to the Museum of Arts "Quai Branly"
opened to the public in June 2006. Moreover, support is given to activities
such as the festivals "Les belles étrangères",
"Francophonie", specialised events, radio stations...
The organisation Commission
Images de la diversité, created by Decree n°2007-181, was opened on
20 March 2007. It helps film and the audiovisual arts in the field of diversity
and equal opportunities by providing specific funds for teaching and the
production of series, documents, magazines, fiction and short films.
The recognition of cultural
identities is a major challenge for Europe; both identities "within
itself", in the 400 "Regions" which constitute it; and
identities "out of itself", with a significant number of immigrants
who have already arrived or who will settle here in the years to come.
A dynamic approach to intercultural
activities has been formulated by the French state for the European Year of
Intercultural Dialogue 2008:
Actions and exhibitions are
organised according to three themes:
These actions will take place with
the assistance of the Délégation générale à la langue française et aux
langues de France (DGLFLF) of the Ministry of Culture and Communication,
which coordinates these activities at national level. These actions will be
organised around two areas:
Within the framework of the research
programme "Habiter le monde de la diversité culturelle" (to live the
world of cultural diversity), recommended by the UNESCO Convention on the
Protection and the Promotion of the Diversity of Cultural Expressions of 20
October 2005, a mediation team has the role of proposing, to the political
leaders, a programme for the expression of cultural diversity in the identity
of the Republic. A series of concerts, local festivals, meetings between the
generations and assistance to artistic creations will be made.
Certain works have already been
completed, the details of which have been published in the programme
"Cultures, villes et dynamiques sociales" (Cultures, cities and
social dynamics) (http://www.culture.gouv.fr/recherche/cultures_en_ville).
Research in cultural, artistic, social, urban and political fields is used for
scientific circles and for the preparation of activities related to cultural
mediation. They are summarised in a series entitled (n°106-107, December 2005)
"Cultural Democratisation, Cultural Diversity, Social Cohesion". In
addition to this series, a document presenting the work of the group on
cultural diversity is available on the Internet.
For more information, see:
Database of Good Practice on Intercultural Dialogue and our
Intercultural Dialogue section.
For more information on the
government's National Strategy for the European Year of Intercultural Dialogue
please see: http://ec.europa.eu/culture/eac/dialogue/strategies_en.html
France/ 4.3 Recent policy issues and
debates
4.2.4 Social cohesion and cultural policies
The Ministère de la Ville was
created in 1990, specialising in urban problems. It implements the
"Politique de la ville" - which defines interdepartmental projects to
be carried out in the districts, the cities or the municipalities, or even in
an entire département such as the Seine Saint-Denis (93). At the core of
this policy is cultural development which has been supported by the Ministry of
Culture and Communication and its Regional Directorates. Since 2002, their
interest has been decreasing with new emphasis placed on social assistance and
social housing construction. Decreasing subsidies has been particularly
detrimental to cultural action in this field.
France/ 4.2 Recent policy issues and
debates
4.2.5 Media pluralism and content
diversity
Public service and audiovisual media
In accordance with the law, national
broadcasting companies must comply with the following general rules:
The independent authority Conseil
supérieur de l'audiovisuel is responsible fro ensuring the quality and
diversity of programming, the development of national television production and
creation, and to defend and promote the French language and French culture. It
can draw up proposals to improve programmes and the quality of their content.
The Conseil supérieur de l'audiovisuel also manages the quotas on the
distribution of French music.
The money collected through public
licence fees (116 euro per household in 2006) goes to support public television
networks and radio stations, including France 2, France 3, France 5, Network
France Overseas - RFO - and France 4, the new channel on digital terrestrial
television), Arte-France, and Radio France (France Inter, France Info, France
Culture, France Musiques, FIP, France Bleu, Le Mouv'), Radio International
France (RFI). The Institut national de l'audiovisuel is responsible for
the conservation and development of national audio-visual heritage.
Public television networks are
responsible for the distribution of public cultural programmes, while private
channels lean more towards entertainment. In recent years, attempts have been
made to ensure that public channels transmit their cultural programmes at peak
listening / viewing times and all year round, rather than later at night and
only in the summer (cf. bibliography C. Clément). This effort will undoubtedly
be further progressed following the publication of the Letter of Mission
of the President of the Republic to the Minister of Culture and Communication
in August 2007.
According to UNESCO, more than 80%
of feature films in the world come from Hollywood and half of the programmes
shown on European television are of American origin. In 2004, American films represented
45% of feature films in France and 70% in the European Union. Conversely, the
share of European feature films is only 3.3% in the United States. In 2005,
cinema listings, by nationality of film, show that, in France, 46% of films
were American, 37% were French, 15% were European and 2% of another origin (Chiffres
clés pour la culture 2006).
The same situation arises in the
field of music where, in 2005, five companies controlled 75% of the world
market for CDs (Universal Music, EMI, Sony Music, Warner and BMG).
Finally, in the publishing field,
even though French literary production is successful, among the ten novelists
most translated in the world, nine are written originally in the English
language. Obviously, the transatlantic cultural flows are unbalanced and are
regarded as a threat to French culture. Culture is undergoing an identity
crisis, from which neither France nor Europe can escape. The idea of cultural
diversity has been developed to gain better control of the diversity of identities
in a constructive dialogue. A complex question is how to respond to the mass
production of the cultural industries and to preserve the possibility of
distributing cultural and contemporary creativity?
This issue is important not only for
the cultural industries, but also for all activities of cultural creation.
Research carried out by the Ministry of Culture and Communication
(DDAI / DEPS) shows that, household consumption of the cultural industries
encourages mass production, more so than the activities of museums, cultural
heritage, exhibitions or performing arts. Standardisation has negative effects
on artistic creation.
This research led the President of
the Republic to initiate the European Digital Library (Bibliothèque
Numérique Européenne) in cooperation with Germany, Spain, Hungary, Italy
and Poland.
France/ 4.2 Recent policy issues and
debates
4.2.6 Culture industries: policies
and programmes
The cultural industries in France
are organised by the various government Directions (depending on the field:
books, press, sound records, cinema...), and by transversal structures (Groupe
d'analyses stratégiques des industries culturelles, Observatoire des usages
numériques culturels installed at the Département des études, de la prospective
et des statistiques [DEPS], Observatoire de la musique at the Direction de la
musique, de la danse, du théâtre et des spectacles [DMDTS], Cité de la musique,
Observatoire du livre...). In this context public policies have to take into
account the economic and social reality of the cultural industries in all
aspects:
It is difficult to evaluate (DRAC,
local communities) small local or national cultural industries which have
little commercial activity. This is the case for small labels, of contemporary
or current music. It is also the case for small booksellers, small publishers,
as well as for the cinema of art and essay.
Local communities often provide
support to SME's for example by renting spaces or by providing subsidises to
audio-visual productions in their territory.
France/ 4.2 Recent policy issues and
debates
4.2.7 Employment policies for the
cultural sector
Employment in the cultural sector is
an important issue for the Ministry of Culture and Communication. The concept
of cultural employment covers a broad field; salaried and non-salaried
employment, commercial and non-commercial sectors as well as different sectors
of the Ministry of Culture and Communication e.g. books, visual arts, cinema,
audio-visual arts, performing arts, architecture and cultural heritage:
creation, production, diffusion, marketing, mediation, documentation,
administration.
Nearly 470 000 people are
employed in the cultural sector (249 000 in the culture industries,
119 000 in the performing arts, 54 000 in the field of architecture,
47 000 in the protection of cultural heritage...) which represents 2% of
the overall working population. In the European Union, 4.2 million people are
employed in the cultural sector, which is 2.5% of the working population, of
which half is in the cultural industries.
The Ministry of Culture and
Communication endeavours to control, in the European context and that of the
world market, author's rights within the framework of the Conseil supérieur
de la propriété littéraire et artistique. It develops the new artistic
expressions of young people (Conseil supérieur des musiques actuelles).
Since the controversy, in 2003,
around the renewal of Annex 8 and 10 of the Convention on Unemployment
Compensation, the Ministry of Culture and Communication has become responsible
for the intermittants du spectacle (temporary workers in the
entertainment industry). New measures have been introduced:
The issue of "intermittants"
continues to be a matter of public discussion. Necessary reforms of the
unemployment insurance scheme for professionals in the performing arts have not
been fully implemented. This leads to bigger challenges in the context of the
knowledge economy as defined in the Lisbon Strategy.
It is necessary to recognise that in
France the increase in the number of employed people in the performing arts
sector was ten times higher than that of the whole of the working population
between 1982 and 1990. In the ten years that followed, it was still five times
higher.
A distinctive characteristic of
employment in the cultural sector is that the percentage of non-salaried
workers (101 000 persons - 22% of the workforce) is twice that of
non-salaried workers in the overall working population (11% of employees in all
sectors combined). The entertainment, architecture, publishing and bookselling
sectors employ a particularly large number of free-lance workers.
Over the last several years, there
has been a substantial increase in "intermittent" employment - an
employment status specific to the cultural sector and applying to artists and
technicians in theatre, cinema, television and live entertainment. Based on
short-term contracts, this status enables employers to take on artists and
technicians for short-term productions and for these same artists and
technicians to work for a wide range of different employers. They are entitled
to receive unemployment benefits if they have not been able to complete a
specified number of hours in any one year (507 hours). This form of employment
has contributed to the growth of employment in the entertainment sector, but
has been accompanied by an increase in job insecurity (a drop in the average
annual number of working hours per individual and related payments).
France/ 4.2 Recent policy issues and
debates
4.2.8 New technologies and cultural
policies
The digital world has created a host
of new professions such as web designers, internet writers, curators of on-line
or virtual museums and galleries. It is a new cultural market which is open to
competition and creates new patterns of cultural consumption.
The cultural industries are
confronted with digital technologies which have modified the economy,
distribution, diffusion, the collection of authors' and artistic copyright, and
the profitability of the investments in production. This change takes place in
a sharp competitive framework (internationalisation) open to sectors associated
to the cultural industries (telecommunications, electronics, information
technologies, and software design). It generates new behaviours of production
and consumption. Such change requires inter-ministerial action and also has an
impact on cultural employment.
These new developments have an
impact on all of the sectors under the responsibility of the Ministry of
Culture and Communication including cultural heritage, international cultural
policies, and for diversity policies.
The Ministry of Culture and
Communication and the bodies responsible for legal deposits - the National
Library of France and the National Audio-visual Institute in particular - are
working together to define the aims and procedures for the legal deposit of
Internet works with a view to setting up a Web archive.
The Ministry of Culture and
Communication provides funds to support artistic projects using new
technologies (multimedia...). This system for multimedia creation (DICRéAM) is
supported by the National Centre for Cinematography (CNC). It provides
assistance to projects up to 23 000 euro and production aid for artistic
works up to 50% of the total budget.
Espaces culture multimedia (ECM) were set up within existing cultural and socio-cultural
structures to facilitate access to multimedia cultural content and to present
digital works. There are now 150 ECMs active throughout France.
In the fight against piracy on the
Internet the Ministry launched a Charte d'engagement pour le développement
de l'offre légale de musique en ligne, le respect de la propriété
intellectuelle et la lutte contre la piraterie numérique (Charter of
Engagement for the Development of the Legal Offer of Online Music, Respect for
Intellectual Property and the Fight Against Digital Piracy) on 28 July
2004. It defines the legal basis for the protection of authors' rights, as well
as the fines incurred by the "pirates". More than one million musical
titles are currently downloadable.
France/ 4.2 Recent policy issues and
debates
4.2.9 Heritage issues and policies
The digitalisation of national
cultural heritage involves the documentation of all state-owned collections
regardless of the medium used: ancient manuscripts, maps, plans, paintings,
drawings, films, regional stories and songs, etc. Nearly 5 million documents
and over 2 000 hours of sound recordings have been digitised. Since 2000,
the Ministry of Culture and Communication has also provided support for the
digitalisation projects of local and regional authorities and associations.
A great deal of research work was
carried out to improve digitalisation processes, document indexing and
digitised content. The adoption of rules governing the description of documents
is aimed at guaranteeing the compatibility of different information systems. As
the internet is a world-wide network there is a need for a firm policy on the
multilingualism of the sites that diffuse digitised cultural heritage documents
(50% of connections to the Joconde database are from outside of France).
Lastly, the availability of
interactive sites (Web2.0) is actually transforming the conditions for the
creation of music, literature and visual arts.
In France, national heritage visits
is the second most popular cultural activity after viewing / listening to
television / video / radio, and it has been said that the French have a
"great passion" for national heritage. Thousands of heritage
associations have been set up since the 1980s (nearly 3 000 in 2004) for
the preservation, protection and development of cultural heritage at the local
level and have proved to be active independent partners of municipal town
councils.
The Ministry does not intend to
classify everything as "heritage" in an illusory exercise to make
time stand still: rather, it seeks to offer access to information and data to
all and to present this data - as is now possible - via information technology.
The Ministry seeks to make available, to the general public and to future
generations, a wide range of books, archives, art works, objects, films and
monuments from which this knowledge is derived, and which can be considered as
material evidence of the nation's cultural diversity. The first step in this
direction has been the recent efforts of the Ministry with regard to 20th
century heritage. Their policy of surveying and protecting industrial heritage
is being reinforced to develop this aspect of France's social history and
living heritage that transcends local socio-economic concerns and is of
interest to the nation as a whole.
Government policy is also oriented
toward developing France's written heritage and to make it available to as many
people as possible; the National Library is, for example, setting up a network
with the regional municipal libraries for this purpose. The National Archives
are also being restructured in an effort to redefine its assignments and
facilities for researchers and the general public. The proposed law on the
information society stipulates that public records will be made fully
accessible to all persons on request, thus reinforcing the role of the national
archives as a disseminator of the nation's memory.
The "Cité de l'architecture et
du patrimoine", a museum relating to the history of architectural heritage
in France was opened to the public in April 2007 within the Chaillot Palace, in
Paris.
For more information, see
European Heritage Network: Country profile France
France/ 4.2 Recent policy issues and
debates
4.2.10 Gender equality and cultural
policies
According to a study on cultural
employment from 2004, there are more men working as cultural professionals
(61%) than women (54%), compared to the Occupied Working Population (Population
Active Occupée (PAO): unemployment not included).
This situation reveals great
disparities. Certain professions have a strong male domination: literary
authors (77%), architects (76%), photographers (72%), and audio-visual and
cinema professionals (70%). Others are mainly female dominated, such as
technical management of documentation and conservation (74%), and arts
professors (55%).
The case for musicians is also
interesting: it is a male dominated profession: only 24% are women. This
distribution varies according to genre: women are a minority (only 17%) in
"non-classic music" (jazz, rock, variety...), but are well represented
(43%) in "classic music". In addition, women tend to be paid less
than their male colleagues.
France/ 4. Current issues in
cultural policy development and debate
4.3 Other relevant issues and
debates
The development of international
tourism doubled in the past ten years and currently involves 700 million
people. The movement of people on this scale is historically without precedent.
This situation gives France an exceptional opportunity to promote itself, since
it is the leading tourist destination in the world, with 80 million tourists in
2005, creating an income of 32 billion euro and employing 5% of the work force.
The question arises whether to link
the Ministry of Culture and Communication with the Ministry of Tourism, Youth
and Sports and others, to create a political organisation centred on knowledge,
artistic practices, leisure time and communication.
France/ 5.1 General legislation
5.1.1 Constitution
The preamble to the Constitution
of the 5th Republic (4 October 1958) incorporates the preamble to the Declaration
of the Rights of Man and of the Citizen (August 1789) and the Constitution
of 27 October 1946, which specifies that "the Nation ensures the
necessary conditions for the development of the individual and the family"
(§ 10); "that it guarantees to all, in particular to children, mothers and
older workers, protection, rest and leisure" (§ 11); it also ensures
"the equal access of the child and the adult to instruction, professional
formation and culture" (§ 13).
The Constitution of the 5th Republic
stresses that the idea of the "citizen", with his rights and duties,
and the conception of the state, its authority and political representation,
does not change in France, in spite of the evolution of international and
European law.
Among these texts, Article 1
removes any relevance to the character of a "group" (ethnic,
religious, etc...) of French citizens or residents on French territory.
This article makes the recognition
of minority languages, recommended by the Council of Europe, very difficult.
Thus, in 1999, a French constitutional council was created, under the terms of Article 54,
to examine the conformity of the European Charter for Regional or Minority
Languages with the French Constitution. The constitutional judge used Article 1
to decide that clauses of this European Charter are contrary to the French
Constitution, "in what they tend to recognise as a right to use a
language other than French, not only in "private life" but also in
"public life", for which the Charter attaches the administrative
justice and authorities and public services". Nevertheless, the
constitutional Council considers "that none of the other commitments
outstanding by France, whose majority, moreover, are restricted to recognise
practices already implemented by France in favour of the regional
languages", undermine the basis of French political life. This means
that the objectives of the Charter are contrary to the Constitution, but that
its practical methods are in conformity with it. A modification of the
Constitution would be required to ratify all of this international treaty,
which is unlikely to take place because these constitutional provisions are
fundamental.
France/ 5.1 General legislation
5.1.2 Division of jurisdiction
The legal service is attached to the
Direction for General Administration of the government. But each Direction has
its specific legal tool according to its objective, the royalties, and the
taxation varying from one field to another (cinema, literature, performing
arts, sound recordings, etc.).
The General Code on local and
regional government defines the competence in the cultural field of the régions,
départements and municipalities: more particularly Part I, Volume IV,
Section II, items I, II & III (local public services); Vol. VI, item IV
(compensation of competence transfers) and VI (measures specific to art works):
Law n° 84-53 of 26 January 1984: creation of a public regional and local civil service
including cultural occupations.
Law n° 2002-6 of 4 January 2002 relating to the creation of the Public Cultural
Co-operation Establishments (EPCC): creation of a legal structure for the
partnership between the state and local and regional governments for the
administration of cultural public services.
Decree n° 82-394 of 10 May 1982 (amended) relating to the organisation of the Ministry of
Culture and Communication.
Decree n° 2002-898 of 15 May 2002 relating to the competence of the Ministry of Culture and
Communication.
France/ 5.1 General legislation
5.1.3 Allocation of public funds
Information is currently not
available.
France/ 5.1 General legislation
5.1.4 Social security frameworks
Civil servants profit from the
system for civil servants, other employees benefit from the general social
security system and self-employed workers benefit from the pension scheme of
their professions.
The question of intermittent
employment in the entertainment sector arises regularly. The Minister for
Culture presented a device to secure the temporary employed artists and
technicians. It is based on collective agreements and a new system of
unemployment insurance. It envisages also the installation of a fonds de
professionnalisation et de solidarité. From the beginning of 2007, this
device guarantees that once a worker in this sector has completed a specified
number of hours in any one year (507 hours), then they are entitled to social
security benefits. It takes into account with 120 hours per annum: the hours
worked, maternity leave, sick leave of more than three months, breaks related
to industrial accidents and the hours of formation used by artists and
technicians. It guarantees the maintenance of the allowance of return to
employment until the retirement age for artists and technicians over 60 years
and 6 month. It creates an allowance of end of right financed by the state. The
duration of this allowance, which amounts to 30 euro per day, is flexible
according to seniority.
Since 1 January 1977, artist /
authors benefit from a specific social security scheme which stipulates that,
although artist / authors are self-employed, at the end of their second year of
activity, they become entitled to social security benefits under the same
conditions as salaried employees.
For more information, see our Status
of Artists section.
France/ 5.1 General legislation
5.1.5 Tax laws
While there are no overall tax
measures affecting culture, a number of specific measures are applied to
different areas of culture. This section will provide only a broad outline of
these measures and present several examples. Comprehensive information on this
subject can be found at: http://www.culture.gouv.fr/culture/infos-pratiques/fiscal/index.htm.
Five broad areas are concerned by
tax measures relating to culture: literary and artistic creation; the
protection of cultural heritage; the development and diffusion of culture,
cinema, audio-visual and recorded music; and the press and publishing. These
measures mainly comprise: income tax relief; reduction of VAT (5.5%, 2.1% or
total exemption); exemption from professional tax; exemption from wealth tax
and registration dues.
Books, for example, are subject to a
reduction of VAT (5.5% in metropolitan France). This reduction also applies to
ticket prices for theatres, cinemas (excluding cinemas showing pornographic
films or films inciting violence), circuses, concerts, variety entertainment,
etc.
In France, there are three VAT
rates:
The normal rate of 19.6%
applies to all sales of goods or services except those subjected by law to
another rate. The rate is 20.6% for CDs and cassettes.
The rate is reduced to 5.5%
for the products required for everyday consumption, such as food and certain
cultural products like books. This rate is the same for works of art
carried out on digital or audio-visual supports.
The VAT rate is 2.1% for publications
of the press and for ticketing of the first 140 stage performances of works
recently created or presented in a new setting. It drops to 1.05% in the
overseas départements.
The overall framework for legal
incentives for public-private partnerships was laid down in Law n° 87-571 of
23 July 1987 on the development of sponsoring. It specifies the conditions
under which sponsor companies are authorised to benefit from a range of tax
incentives. Companies may deduct, from their taxable earnings, gifts of a
cultural nature to charities or organisations of general interest, up to a
maximum of 0.225% (or, under certain conditions: 0.325%) of their turnover.
A specific provision relates to
contemporary art: companies that purchase original works by living artists can,
over a period of 20 years, deduct from their taxable earnings an amount equal
to the purchase price. To benefit from this deduction, the company must exhibit
the acquired work in public.
Law n° 90-559 of 4 July 1990, relating to the creation of corporate foundations,
authorises companies to set up cultural foundations and defines their scope of
activity.
France/ 5.1 General legislation
5.1.6 Labour laws
A specific social insurance system
exists for authors (writers, authors and type-setters of music, film and
television writers, software designers, choreographers, photographers, etc.)
and the "artist-authors" of the graphic and visual arts (visual art
technicians, graphic designers, ceramists, etc.) who have the same access to
social security services as employed persons.
For more information, see our Status
of Artists section.
France/ 5.1 General legislation
5.1.7 Copyright provisions
The principle of the protection of
authors' rights is laid down in the Intellectual Property Code. The creator is
central to the provisions contained in the code: "The author of an
intellectual work, by virtue of having created that work, shall enjoy exclusive
rights to incorporeal ownership [of the work]. These rights include moral,
intellectual and patrimonial attributes." Ownership is deemed to cover the
actual creation of the work and not the material object containing the
creation: authors' rights are independent of the rights to corporeal possession
covering the material object. The French system of authors' rights is thus
different to that of the copyright system practiced in English-speaking
countries.
The creator enjoys ongoing and
permanent moral rights, whereas exploitation rights are accorded to an author
for a limited period of time. After a maximum period of 70 years following the
death of the author, the work enters the public domain and, subject to respect
for the moral rights of the author, can be exploited at will and free of
charge. The Intellectual Property Code also accords legal protection known as
"neighbouring rights" to certain collaborators in the exploitation of
the creation. These include performing artists, sound and video recording
producers and television companies.
Authors' rights and neighbouring
rights are administered by some thirty collective management societies, which
collect and distribute rights. Following a series of complaints by members of
certain of these organisations, a Control Commission was set up in 2001 to
audit the accounts of societies that collect and distribute the rights of
authors, performing artists and producers.
Over the last several years,
author's rights have been central to numerous disputes: legal and commercial
wrangles on authors' rights versus copyright in GATT and WTO negotiations; the
debate on lending rights in public libraries; the MP3 and Napster affairs. The
Ministry of Culture's policies on authors' rights and neighbouring rights were
framed to respond, on both domestic and international levels, to two basic
challenges: the globalisation of trade and the development of new networking
technologies. The policies of the different culture ministers since 1997 have
been based on the same set of principles: creative works are not tradable
commodities and creative effort is not simply the economic act of producing a
marketable item.
Within the context of the adaptation
of the legal environment to the development of digital content, the Council for
Literary and Artistic Property (Conseil supérieur de la propriété littéraire
et artistique) was created in May 2001 as a consultative and evaluation
body focussed on the problems associated with literary and artistic property
linked to the information society, the internet and multimedia in particular.
The Council's work programme includes:
Presentations on some of the above
themes can be found at the following address: http://www.droitsdauteur.culture.gouv.fr/.
The Council for Literary and
Artistic Property has also included the following subjects in its work
programme: literary and artistic property and individual freedom; literary and
artistic property and applicable legislation.
France/ 5.1 General legislation
5.1.8 Data protection laws
Information is currently
not available.
France/ 5.1 General legislation
5.1.9 Language laws
French is the language of the
Republic. It remains the tool and the reference for all the official texts,
whether they are legal, administrative or budgetary. Interpretations can take
place, depending on the circumstances, in regional or foreign languages, but
they cannot hold a place of constitutional reference.
France/ 5.2 Legislation on culture
There is no overall legal text
covering the entire field of culture. Each area of culture has its own laws and
regulations.
Principal laws and texts regarding
the installation of cultural policies:
Archaeology
Architecture
Archives
Visual arts
Public Service Missions Charter for
Contemporary Art Institutions (circular of 27 November 2000): defines the
responsibilities of national, local and regional government and contemporary
art institutes with regard to the fostering of creativity and cultural devolution.
Role and organisation of the
Ministry of Culture and Communication
Audio-visual
Cultural goods
Cinema
Local authorities
Dance
Legal deposits
Arts education
French language
Books
Sponsoring
Multimedia
Museums
Monuments
Copyright
Performing arts
Culture Industries
There is currently no overall legal
framework for the cultural industries. However, sector frameworks - often
highly developed - do exist, for example in the book industry.
The selling prices of books to the public
are fixed by the publishers, and a maximum discount of 5 % can be applied. This
law operates in accordance with professional agreements with a number of other
European countries; it aims to regulate the different forms of competition in
the book sector. It encourages the quality of book selections rather than the
systematic search for the lowest price. As well as ensuring editorial diversity
and creativity, the provision is aimed at reinforcing the bookstore network,
thus ensuring that all citizens pay the same price for books throughout France.
Royalties for private copying
The reproduction of works for
private use is authorised, which is an exception in terms of authors' rights. A
compensation payment for private copying collected by the various societies
that administer authors' rights was laid down in the law of 3 July 1985,
supplemented by the law of 17 July 2001.
The law of 3 July 1985 exclusively
concerns audio-visual works, which deals with fees for blank tapes suitable for
the analogue re-recording of sound and video recordings (e.g. cassettes).
The growth of private copying in
digital form of different types of works has highlighted the gaps in the law in
regard to the remuneration of authors as well as substantial material loss. The
law of 17 July 2001 accorded a compensation payment for private copying to
authors and publishers of works reproduced on digital recording media
regardless of their original medium (images, texts, sound).
An independent commission was
appointed to calculate the compensation payment due from manufacturers and
importers of digital recording media. The initial decision of the Brun-Buisson
Commission - set up to determine the fees for private copying on digital media
(4 January 2001) - established the amount payable on all removable digital
recording media. A more recent decision (4 July 2002) laid down the amount of
fees for recording media integrated into decoders, television sets, hi-fi
systems and personal stereos. The opportunity of subjecting computer hard disks
to the same compensation payment is currently being studied.
In the field of books, press and
music, the reproduction of protected works (texts, drawings, photographs, music
supplies, etc.) for strictly private use is free. The reproduction of works for
professional use is subjected to authorisation from the French Centre of Copy
Exploitation (CFC). This authorisation is obtained by the signing of a contract
and payment of a yearly fee.
Lending rights
In regard to books, two legitimate
demands were taken into consideration when the lending rights issue was
approached: that of the authors who are seeking to be fairly remunerated to
enable them to pursue their creative activities, and that of library
professionals directly concerned by the imperatives of equal access to books by
all citizens. A report on this issue, prepared by Jean-Marie Borzeix, was
followed by a bill covering payments for public library book lending and
authors' social security.
The bill provided for the
establishment of a legal licence giving libraries the "right to lend"
books in accordance with the laws pertaining to authors' rights. Authors will
be remunerated via a "lending royalties" mechanism (as opposed to the
"lending fees" paid by book users each time they borrow a book),
jointly guaranteed by the state government and local and regional authorities.
Lending royalties are to be
distributed by one or more of the societies that administer authors' rights.
Payments are to be divided between an immediate payment to authors and publishers
as royalties and a deferred payment to authors via the funding of a
complementary retirement scheme.
Cultural Heritage
The project relating to the grouping
together of existing laws on heritage in a single Heritage Code expresses the
government's intention to make legal texts more accessible and more coherent.
For historical reasons, particularly those involving the organisation of
cultural administration by sector, heritage law currently exists in the form of
dispersed and complex provisions.
The Heritage Code will cover
heritage in the widest sense of the term, covering all public and private
buildings and movable property of historical, artistic, archaeological,
aesthetic, scientific or technical interest.
The Code will provide for the
retention of the unity of the major laws in the field of culture, such as the
law of 31 December 1913 on historic monuments, the law of 27 September 1941 on
the regulation of archaeological excavation, and the law of 3 January 1979 on
archives. It will also cover recent laws such as the law of 17 January 2001 on
preventive archaeology and the law of 5 January 2002 on French museums.
Legal incentives for investment in
culture
The overall framework for legal
incentives for public-private partnerships was laid down in Law n° 87-571 of
23 July 1987 on the development of sponsoring. It specifies the conditions
under which sponsor companies are authorised to benefit from a range of tax
incentives. Companies may deduct, from their taxable earnings, gifts of a
cultural nature to charities or organisations of general interest up to a
maximum of 0.225% (or, under certain conditions: 0.325%) of their turnover.
A specific provision relates to
contemporary art. Companies that purchase original works by living artists can,
over a period of 20 years, deduct from their taxable earnings an amount equal
to the purchase price. To benefit from this deduction, the company must exhibit
the acquired work in public.
The site Legifrance provides access
to the texts of French laws and regulations – http://www.legifrance.gouv.fr/
France/ 5.3 Sector specific
legislation
5.3.1 Visual and applied arts
The "1% for Arts"
commission has offered, for more than fifty years (1951), an original framework
of action supporting collaboration between artists, architects and the public.
It is a special body based on the principle that 1% of the total amount spent on
the construction, renovation or extension of a public building must be reserved
for a contemporary art work specially conceived for the building in question.
Introduced by Law in 1951, it was extended to the local authorities at the
beginning of the 1980s, in particular after the Law of decentralisation of
22 July 1983 (Article 59).
Various Decrees (April 2002,
February 2005) harmonised and simplified the procedures, until the amendment of
30 September 2006, which modernises the application of the "1% for
arts" scheme by a simplification of the procedure of choosing the artists.
The follow-up procedures from the scheme are ensured by an artistic committee
composed of seven members, one being the director of cultural affairs of the région
concerned, and chaired by the investing partner.
France/ 5.3 Sector specific
legislation
5.3.2 Performing arts and music
Ordinance n° 45-2339 of 13 October 1945, amended by Law n°
99-198 of 18 March 1999, regulates the professional activity of performing
arts entrepreneurs and defines conditions under which licences are attributed
(other than occasional events).
France/ 5.3 Sector specific
legislation
5.3.3 Cultural heritage
Cultural heritage benefits from laws
that protect historic monuments and protected spaces, some of which are in
force since 1913. The Heritage Code and the law of 1988 mobilise the
legal devices concerning the protection of monuments and heritage sites. The Laws
on Archaeology (1977) envisage preventive excavations before work on any
building site of importance (motorways, real estate, etc.).
Within the framework of
decentralisation were created departmental services for architecture (1979) and
the regionalisation of the equipment (2004).
France/ 5.3 Sector specific
legislation
5.3.4 Literature and libraries
The Law on Fixed Book Prices was
adopted on 10 August 1981, with the objective to avoid the loss of points of
sales of books due to competition.
The export of books, which each year
raises more than 500 million euros, represents the leading French cultural
article of exportation. The action of the Office of the French Book Abroad
facilitates access to French books, while intervening at all the stages of the
"chain of books", from promotion to marketing.
The promotion of French books abroad
is entrusted to the International Office of the French Edition (BIEF), which
has the role of promoting French writers. France delivers each year a programme
of presentations and events, elaborated with the professionals and the
authorities. The BIEF finances studies, market surveys, the reception of
professionals and the creation of foreign booksellers:
Assistance for transport and
insurance: assistance is offered for part of
the transportation costs and in negotiating with insurers a global policy for
all of its members, with the support of the Directorate of Books and Readership
(DLL).
Assistance for marketing: booksellers abroad selling French books profit from the
assistance of the National Book Centre in the form of accumulation or the
development of stocks of French books.
Assistance for translation: French editors produce more than 5 000 translations
per annum. Literature is at the top with approximately 1 500 contracts,
followed by the social sciences (1 000) and literature for youth (900).
Assistance for translation from
French into a foreign language:
since 1982, nearly 8 000 titles were assisted, two thirds in the field of
literature and social sciences, and one third in the scientific and technical
sector. One million euros per annum is devoted to this action, which assists
500 titles (10% of the books translated from French).
To protect authors' rights: regarding the public lending of books, Law n°2003-517 of
18 June 2003 "relates to the remuneration of lending in libraries and
reinforces the social protection of authors". There are four major
objectives of the law:
Two sources of financing are
mobilised to help the social security of these professions:
France/ 5.3 Sector specific
legislation
5.3.5 Architecture and environment
The profession and formation of
architecture is increasingly better defined. The law of 11 February 2005 takes
into account the architectural difficulties for disabled people. The
circumstances are appreciated with the creation of the National Council for
Parks and Gardens (2003) and of the National Council for Artistic and
Historical Towns and Areas (2005).
France/ 5.3 Sector specific
legislation
5.3.6 Film, video and photography
French regulations covering cinema
and television are aimed at promoting independent national cinematographic and
televisual production.
The National Film Centre (Centre
national de la cinématographie - CNC) was set up in 1946. Its
responsibilities include the regulation of and economic support for cinema,
television and multimedia, the promotion of cinema and television and their
distribution to the public, and the safekeeping and circulation of cinematographic
heritage. Since 1992, the CNC is also responsible for the legal deposit of
cinematographic works.
The system of aid to the cinema and
television industry is funded by several taxes (mainly the tax on ticket prices
and the tax on television diffusers). Support from the state is intended for
producers, distributors and cinema owners and is divided into two categories.
Automatic aid is systematically granted, according to objective criteria, for
all works that fulfil the conditions laid down in the regulations: in 2005, 240
films (including 61 international co-productions) benefited from automatic aid
to cinematographic production. Selective aid was granted following the advice
of a commission, in accordance with a qualitative evaluation of the project or
work (advance on box office receipts for feature films, aid to short films, aid
to the distribution of little-shown foreign cinematographic works, aid to
cinemas exhibiting "art films", aid to the promotion of sales outside
of France, etc.). Other forms of support include aid to publishing (within the
context of Fonds d'aide à l'édition multimédia) and to multimedia
creation (DICREAM).
In the 1980s, there was an increase
in the competition between cinema and television for the diffusion of films and
a number of major industrial groups started to invest in communication.
The European Directive Television
Without Frontiers (1997) prohibited existing regulations aimed at restricting
competition between different media by stipulating a minimum time period
between the theatrical release of a film and its diffusion on video cassette,
pay per view, and on television networks ("media chronology"). The Law
on Freedom of Communication (Law 2000-719 of 1 August 2000) stipulates that
this time period be subject to agreement between professional cinema
associations and distributors. The time period between the date that a film is
theatrically released and when it can be shown on unencrypted terrestrial
television is now 24 or 36 months, and a film can be distributed on video
cassette or DVD six months after its theatrical release. Every year there are
between 1 400 and 1 500 broadcasts of feature films on the
terrestrial networks.
France/ 5.3 Sector specific
legislation
5.3.7 Culture industries
In France, the field covered by
culture industries is generally defined as that involving reproducible cultural
goods and / or the extension of audiences. It covers the chain of
creation-production-marketing for the following products: books, press,
CD-players, VCRs, cinema, multimedia products, games and by-products. The field
is more limited than that of "content" industries and does not
include databases, design, fashion and advertising or the manufacture of
materials and content products of a unique nature (works of art).
The culture industries have
undergone a series of major changes over the last twenty-five years. The range
of products is continually expanding (books, records, films, then video,
compact discs, CD-ROMs, DVD...). Their production and distribution has become
more centralised and internationalised, and trading policies have become much
more sophisticated.
In the face of highly competitive
markets, government initiatives aim to guarantee a broad range of cultural
productions and to distribute them as widely as possible by means of the
following support and regulation measures:
Special accounts funded by levies
and fees (National Book Fund, the film and television industry support account)
finance support measures in this sector (either selective or automatic such as,
for example, support for film exhibitions).
Over the last 15 years, the
audio-visual industry (radio and television) has seen an increase in the number
of television stations (general interest and theme-based private networks,
terrestrial, cable and satellite networks).
The government is now involved at
three levels:
France/ 5.3 Sector specific
legislation
5.3.8 Mass media
Investment obligation in
cinematographic production
It is obligatory for all television
networks to invest in cinematographic production. Unencrypted terrestrial
networks, encrypted terrestrial networks and cablevision and satellite networks
each have different obligations. Unencrypted analogue terrestrial networks, for
example, must contribute 3.2% of their turnover to the production of original
French language works. A large share of this contribution must be accorded to
independent productions. This proportion is higher (4.5% of turnover) for the
encrypted channel Canal Plus, which, in exchange for the right to broadcast
films with primary exclusive showing rights one year after their cinema
release, made a commitment to support French cinematographic production in
specified ways.
Broadcasting obligation: at least 60% of films broadcast by television networks -
particularly during prime viewing time - must be European cinematographic and
televisual productions with at least 40% original French language content.
Canal+ must devote at least 20% of its total annual resources to the acquisition
of the broadcasting rights for original European and French language
cinematographic works in the proportion of 12% for European works and 9% for
French-language works.
Transmission of francophone songs on
radio: Private radio station programming
must include a minimum 40% content of French language songs (or songs performed
in a regional language in use in France). The public company Radio France is
not bound by this quota, but Article 30 of its General Conditions
stipulates that it must give priority to French language songs in its variety
programmes and endeavour to promote fresh talent.
France/ 5.3 Sector specific
legislation
5.3.9 Legislation for self-employed
artists
Since 1 January 1977, artists /
authors benefit from a specific social security scheme which stipulates that,
although they are self-employed, at the end of their second year of activity,
they become entitled to social security benefits under the same conditions as
salaried employees.
For more information, see our Status
of Artists section.
France/ 5.3 Sector specific
legislation
5.3.10 Other areas of relevant
legislation
Information is currently not
available.
France/ 6. Financing of culture
6.1 Short overview
2002 is the latest year that data is
available for all public levels in France and therefore, in order to be
comparable, figures for all levels of government (including state) are given
for that year. Data updating began in 2006 and will be available at the end of
2008. The latest available figures are given in detailed tables for the
Ministry of Culture and Communication (see Table 5 in chapter
6.4).
Public financing: in 2002, the cultural budget of the state was 6 billion
euros, including 2.6 billion euros for the Ministry of Culture and Communication
and 3.6 billion euros for the other ministries.
In Metropolitan France, the cultural
expenditure of the local authorities is at a similar level: 4.1 billion euros
for the municipalities of more than 10 000 inhabitants, 280 million euros
for the publicly-owned establishments of inter-municipal co-operation (with
possibility of raising the tax), 1.1 billion euros for the départements
and 360 million euros for the régions.
In addition there is non-budgetary
expenditure (taxes and fiscal exemptions), which is difficult to estimate
because of the diversity of the fields.
The private financing of
culture is ensured mainly by cultural household expenditure (cultural
consumption). In 2002, this amounted to more than 38 billion euros (4.6% of the
overall consumption), of which 16 billion, or 42%, was devoted to audiovisual
expenditure (purchases of newspapers, reviews and periodicals, radio and
television, and subscriptions).
Sponsorship by companies makes up an
important part of private funding for culture. This is estimated at 195 million
euros in 2002, for 2 665 registered activities, involving approximately
one thousand companies.
While companies directly finance
cultural activities, in particular they are keen to be involved in publicity:
4.3 billion euros to the press, 3.6 billion euros to television, 880 million
euros to radio and 115 million euros to cinema in 2002.
Exports of cultural goods rose to 2
billion euros in 2002 (books, press, CDs, videos, music supplies, musical
instruments, artistic works). This amount is much higher when exports of
services and the expenditure of the foreign tourists in France are taken into
consideration, although it is not possible to isolate the exact share devoted
to culture. In the same way, it would be advisable to withdraw the amounts
spent on cultural purchases by French people abroad, either when travelling as
tourists, or when they are supplied directly from abroad, although the
corresponding data is not available.
France/ 6. Financing of culture
6.2 Public cultural expenditure per
capita
The public cultural expenditure for
2002 includes:
This data does not take account of
transfers from one municipality to another (primarily of the régions and
départements with the municipalities) and does not make it possible to
calculate the total amount of local cultural expenditure (a rough estimate for
local cultural expenditure is 5.8 billion euros).
The total public cultural
expenditure (state and local authorities) can be estimated at 12 billion euros.
The French population, of 61 million
inhabitants (metropolis and overseas), represents a per capita cultural
expenditure of 197 euros. This corresponds to 1.2% of the gross domestic
product (GDP), which is 16 417 euros. It should be mentioned that the 921
municipalities of 10 000 or more inhabitants (2.5% of the 36 679
municipalities) have a population of 30.9 million inhabitants (half of the total
population). In addition, the amount of cultural expenditure by municipalities
with less than 10 000 inhabitants is an overall estimate, deduced from the
preceding one.
France/ 6. Financing of culture
6.3 Public cultural expenditure
broken down by level of government
In 2002, the cultural expenditure of
the state was 6.2 billion euros, including 2.6 billion euros for the Ministry
of Culture and Communication. The remaining 3.6 billion euros was distributed
between the following ministries:
Table 4:
Public cultural expenditure: by level of government, in billion euro, 2002
Level of government |
Total
expenditure |
%
share of total |
State (federal) |
6.2
|
51% |
Regional |
1.5
|
12% |
Local (municipal and
inter-municipal) |
4.4
|
36% |
TOTAL |
12
|
100% |
Source:
Ministry of Culture and Communication, 2002.
France/ 6. Financing of culture
6.4 Sector breakdown
Table 5:
Cultural expenditure of the Ministry of Culture and Communication, in millions
euros, in %, 2007
Field / Domain / Sub-domain |
Expenditure |
%
of |
Cultural Heritage |
1 036.5 |
36.5 |
Monumental and archeological
heritage |
272.4 |
9.6 |
Architecture |
25.9 |
0.9 |
Museums |
428.8 |
15.1 |
Archives |
61.4 |
2.2 |
Books and libraries |
198.3 |
7.0 |
Cinematographic heritage |
26.6 |
0.9 |
Linguistic heritage |
3.9 |
0.1 |
Acquisition and enrichment of
public collections |
19.2 |
0.7 |
Creation |
797.6 |
28.1 |
Support to the creation,
production and diffusion of performing arts |
648.7 |
22.9 |
Support to the creation,
production and diffusion of visual arts |
78.6 |
2.8 |
Support to the creation,
production and diffusion of literature |
33.6 |
1.2 |
Economy of the professions and
cultural industries |
36.6 |
1.3 |
Transversal (transmission of
knowledge and democratisation of culture) |
853.5 |
30.1 |
Institutions of higher education
and professional training |
326.8 |
11.5 |
Arts and cultural education |
30.5 |
1.1 |
Institutions of specialised
education |
34.3 |
1.2 |
Specific actions to benefit the
public |
43.2 |
1.5 |
Territorial policies |
25.9 |
0.9 |
International cultural actions |
21.3 |
0.8 |
Functions of the ministry (general
administration) |
371.4 |
13.1 |
Cultural and scientific research |
150.2 |
5.3 |
Cultural Heritage |
6.9 |
0.2 |
Creation |
2.0 |
0.1 |
Scientific and technical culture
(operators) |
104.2 |
3.7 |
Transversal research and
monitoring programmes |
36.9 |
1.3 |
Total |
2 837.8 |
100.0 |
Source:
Ministry of Culture and Communication, 2007.
Table
6: Cultural expenditure
of the local and regional authorities, in million euros, in %, 2002
|
Municipalities |
EPCI* |
Départements |
Régions |
||||
Common services |
304 644 |
7.4% |
24 265 |
8.5% |
20 051 |
1.8% |
8 930 |
2.5% |
Conservation and diffusion |
1 503 592 |
36.7% |
110 541 |
38.7% |
618 138 |
54.4% |
68 937 |
19.2% |
Libraries and media libraries |
848 729 |
20.7% |
78 460 |
27.4% |
168 006 |
14.8% |
13 485 |
3.8% |
Museums |
445 420 |
10.9% |
26 388 |
9.2% |
139 189 |
12.2% |
11 639 |
3.2% |
Archives |
56 943 |
1.4% |
1 137 |
0.4% |
163 680 |
14.4% |
0 |
0.0% |
Safeguarding of |
152 500 |
3.7% |
4 556 |
1.6% |
147 263 |
13.0% |
43 813 |
12.2% |
Artistic expression |
1 538 604 |
37.5% |
111 700 |
39.1% |
498 648 |
43.9% |
130 869 |
36.5% |
Music, singing, dance |
893 536 |
21.8% |
66 784 |
23.4% |
|
|
60 694 |
16.9% |
Visual arts |
159 565 |
3.9% |
10 484 |
3.7% |
|
|
15 071 |
4.2% |
Theatres |
340 585 |
8.3% |
30 525 |
10.7% |
|
|
37 369 |
10.4% |
Cinemas |
144 918 |
3.5% |
3 907 |
1.4% |
|
|
17 735 |
4.9% |
Cultural action |
753 834 |
18.4% |
39 400 |
13.8% |
|
|
149 776 |
41.8% |
Source :
« Les dépenses culturelles des collectivités locales en 2002 », Note
statistique n°21, DEPS, Ministry of Culture and Communication, 2006.
*
Institutions of inter-municipal co-operation with possibility of raising the
tax comprising of more than 10 000 inhabitants in 2002.
France/ 7. Cultural institutions and
new partnerships
7.1 Re-allocation of public
responsibilities
The autonomy of public institutions
is increasing. This involves a restoration of the supervision exerted by the
central administration within the framework of contracts of establishment.
These contracts have, in fact, the objective of ensuring an increase in the
institutions "own resources" (before subsidies). This is, in
particular, the case for the Louvre, the Centre Georges Pompidou, the Musee
d'Orsay and Versailles. This procedure also extends to institutions funded by
the local authorities.
Concentrated in the région
Ile-de-France for historical reasons, the state institutions are encouraged
to open branches in other parts of France (such as the Louvre museum in Lens in
the North; the Centre for Contemporary Arts Georges Pompidou in Metz in
Lorraine...), and abroad (the Louvre and its agreements with Atlanta in the
United States, or Abu Dhabi in the United Arab Emirates (an agreement was
signed on 6 March 2007, which envisages the construction of a museum with the
title the "Louvre", and a loan of 300 artistic works, at a cost of 1
billion euros).
France/ 7. Cultural institutions and
new partnerships
7.2 Status/role and development of
major cultural institutions
Cultural heritage sites organise
performances and welcome other types of events. This generates new
collaboration between the state and local authorities, especially with the
municipal owners of cultural heritage, either in France, or in trans-border
areas. A specific partnership with the Ministry for Tourism makes it possible
to arrange prestigious sites for congresses or important assemblies. Another
example is the European Numerical Library (BNE), a project initially presented
by the National Library of France and then shared with other large libraries in
Europe.
The Museum of Civilisations of
Europe and the Mediterranean (MUCEM, previously known as the Museum of Popular
Arts and Traditions, ATP) in Marseilles will hold items and information on
contemporary cultures and civilisations from around the Mediterranean. This
project, confirmed in 2003 and programmed for the years 2006-2010, is estimated
to cost 160 million euros.
France/ 7. Cultural institutions and
new partnerships
7.3 Emerging partnerships or
collaborations
Among the new "partners"
for cultural development connected with the Ministry of Culture and
Communication, can be included the cultural patronage of companies, which
envisages a tax cut for companies of 60%, within the limit of 0.5% of the sales
turnover net of tax. This patronage is becoming more often engaged in artistic
creation.
The recent centenary of the law on Contracts
of Association (1901) provided an opportunity to evaluate the current role
of cultural associations. These associations represent a significant proportion
of overall associations (there are 157 000 existing cultural associations,
i.e. one for every five other associations), and culture appears to be the most
dynamic component of the association sector.
25 000 of these associations
have a paid staff, while 132 000 of them have no employees. 58% of their
funding comes from public sources (the principal partners of cultural
associations are the municipalities (34%), followed by government funding
(12%), then gifts, earnings, and members' subscriptions (42%). In 1997, out of
61 000 "cultural and artistic" associations, 5.3% represented
music, 3.7% libraries and publishing, 3.7% international solidarity, 3.3%
cinema, television and radio broadcasting and the visual arts, and 3.2% theatre
and dance. There has been an explosion over the last few years in the number of
music associations (instrumental andor choral, classical, contemporary and
modern). Between 1997 and 2000, 2 241 associations were either created or
changed their purpose, being declared as either "heritage" or
"environmental".
In keeping with French tradition,
many changes in social and cultural life are brought about by associations and
their voluntary members. At the beginning of the eighties for example, the
Ministry of Culture and Communication became aware of the social and aesthetic
reality of rock groups, and as a result accorded them full recognition (between
1985 and 1995, there were approximately 35 000 rock groups, many of which
had association status). The same could be said of the many heritage
associations that have gone to great efforts to preserve sites of historical
interest (the Gard Bridge, the Verdon Canyon, churches, farms, etc.). In a number
of cases, the authorities modified their regional development projects as a
result of a "protests" on the part of associations and their
voluntary members.
France/ 8. Support to creativity and
participation
8.1 Direct and indirect support to
artists
Artists in France can profit from
the assistance of many specialised networks on the basis of artistic
disciplines. SPEDIDAM supports musicians and technicians and IRMA offers them
professional and legal advice. The Union of Authors and Playwrights (SACD), as
well as SACEM, is responsible for author's rights and offers training courses.
It is the same for the visual arts, literature, comic strips, or the cinema
(including animation and graphic designers of the digital industries).
France/ 8.1 Direct and indirect
support to artists
8.1.1 Special artists funds
Public Commissions
Government Commissions have been set
up for music, drama and the visual arts. The "1% for Arts"
commission, established in 1951, is a special body created for visual artists
based on the principle that 1% of the total amount spent on the construction,
renovation or extension of a public building must be reserved for a
contemporary art work specially conceived for the building in question. This
obligation now applies to both local and state governments.
Between 1983 and 2004, over
1 400 visual arts works were commissioned (in addition to the works
supported under the "1% for arts" rule), and some 60 commissions were
earmarked for music works each year.
The National Fund for
Contemporary Art (Fonds national d'art contemporain, FNAC), set up
in 1976, provides funding for the acquisition, distribution and conservation of
contemporary works in the fields of visual arts, photography, video and design.
Acquisition policies are guided by three key objectives: to discover new young
artists, to purchase outstanding works of artists who have attained maturity in
their work, and to represent international art movements.
The Regional Funds for
Contemporary Art (Fonds régionaux d'art contemporain, FRAC), set up in 1982
within the context of devolution policies, is now present in 23 régions.
Intended for the purchase of contemporary art works, these funds ensure regular
publishing activity and educational initiatives and affirm the role of local
and regional authorities in the field of contemporary art. Since their
creation, the FRAC's have set up rich and diverse collections of over
1 500 works, produced by 3 000 artists.
Sector Specific Measures in Support
of Creativity
The different sector specific funds
supporting creativity and creators are provided either by grants from the
Ministry of Culture and Communication budget or by taxes which are
redistributed via public bodies. For example, state government support to the
cinema industry and audiovisual programmes is administrated by the National
Film Centre.
Funds are made available to:
The Contemporary Arts Centres
(institutions generally holding association status) are developing research and
experimentation activities via policies embracing exhibitions, publications,
critical research, training, the commissioning and production of works, and
artist reception facilities. There are presently 32 art centres spread
throughout 16 régions of which four are specialised in photography. The
Constitution of the Contemporary Arts Centres calls for an agreement between
the state government, the région concerned, other local and regional
authorities (when relevant), and the association. There are two of these
centres in Paris - the Galerie nationale du Jeu de Paume and the Centre
national de la photographie.
The "Contemporary Creativity Centre",
which is devoted to young creators and which reinforces the visibility of the
arts in France, was created in January 2002 in Palais de Tokyo,
occupying 20 000 m2 of floor space (of which 5 000 m2
are open to the public).
A specific unemployment insurance
scheme for artists, composers and performers and technicians classed as intermittents
de spectacle (workers in the entertainment industry without steady
employment) has been in existence since 1965. This scheme, which guarantees
minimum living standards for professionals, thus contributing to the vitality
of artistic production, is currently subject to criticism as a result of
structural shortcomings.
Since 1977, a specific social
insurance scheme has been operating for authors (writers, composers and authors
of musical works, authors of works for cinema or television, authors of
software, choreographers, photographers, etc.) and "artist-authors"
in the graphic and visual arts (visual artists, graphic designers, etc.) which,
although they are self-employed workers, provides them with social insurance
cover under the same conditions as salaried workers.
Subject to the decision of a special
committee, certain municipalities (such as Paris), the Ministry of Culture and
Communication and its regional directorates (DRAC) provide a number of
residencies for artists.
France/ 8.1 Direct and indirect
support to artists
8.1.2 Grants, awards, scholarships
There are a large number of prizes
in France, several hundred in the field of literary creation alone, of which
the most famous are: the Goncourt prize (since 1903), Femina (1903, exclusively
female jury), Renaudot (1926), Interallié (1930) and Médicis (1958).
Prizes exist in all the artistic
disciplines, for example the "Molière" for theatre actors, the
"César" for film actors, the "Golden Palm" of the Cannes
Film Festival, the "Grand Prix of Dramatic Writing" for theatre work
and the prizes of several cities (Paris, Marseilles, Strasbourg...). In
addition to the "First Prizes" of the academies of music, dance or
dramatic art, contemporary musicians also receive prizes from various
institutions.
The majority of these prizes
allocate grants for research or creativity.
Grants are also awarded to certain
students on the basis of family income. In institutions supported by the
Ministry of Culture and Communication, 8 000 students receive student
income grants, which is 23% of students. (see chapter
8.3.1).
France/ 8.1 Direct and indirect
support to artists
8.1.3 Support to professional
artists associations or unions
Professional associations and artists'
unions play an important role in the representation of the material and moral
interests of their members and in the negotiation of relevant professional
agreements. They are frequently represented in the committees of experts
responsible for the allocation of support to creativity and are set up by the
directorates and departments concerned.
Authors' rights management societies
must devote 25% of remuneration generated from private copying and income,
collected on works whose beneficiaries cannot be identified or located, to
activities which support creativity, to the diffusion of live performances and
to artists' training schemes.
Among the best known associations
are:
France/ 8.2 Cultural consumption and
participation
8.2.1 Trends and figures
The Department of Studies, Future
Trends and Statistics (DEPS) of the Ministry of Culture and Communication has
carried out 4 surveys on cultural participation in France, published in 1974,
1982, 1990 and 1998 (a new survey is in process).
Latest results are available from
the documents of the Ministry of Culture and Communication (http://www.culture.gouv.fr/deps)
particularly from Développement culturel n°128 and Culture
Prospective, 2007/3. A summary of the results are as follows:
Initially disappointment, meaning
that the cultural efforts did not obtain the anticipated results
Then confirmation of results
envisaged in advance
Finally, some pleasant surprises in
that some practices have evolved more positively than forecasted
In 1998, the DEP published the results of a fourth survey on cultural
practices of the French, which it had previously carried out in 1973, 1981 and
1989. The results demonstrated:
In conclusion, the interest for art
and culture has currently more diverse forms than thirty years ago, due to the
development of the audio-visual media and new technologies, the success of
cultural events being held away from traditional venues, and the rise in
amateur artistic practices.
France/ 8.2 Cultural consumption and
participation
8.2.2 Policies and programmes
The programmes of cultural policy
concern essentially:
However, other fields are always on
the agenda because they constitute the background of everyday cultural life in
France. Here are some examples.
Artistic education and cultural
mediation
The democratisation of culture is a
major theme of government political action aimed at increasing attendance
levels for heritage and creative works and amateur activities in all artistic
disciplines. Without adequate mediation, real encounters with cultural heritage
and art works are extremely rare. Arts education is fundamental to France's
cultural development policy. Relevant programmes are implemented via
specialised training under the Ministry of Culture and Communication and local
authorities and via training under the national education system. See also chapter
8.3.1.
Although it is never the only
obstacle, and seldom the only deciding factor, admission prices to cultural facilities
tend to curb the cultural participation of a good number of people and young
people in particular. The question of admission charges appears to be a vital
element in the move toward cultural democratisation. Numerous cultural
structures have made significant efforts to reduce admission charges,
especially for young people and the underprivileged. Young people under 18
benefit from free entry to national monuments and national museums. Since 1
October 1999, the 98 state-owned monuments offer free admission on one Sunday
per month, outside of the tourist period (1 October - 31 March). The national
museums adopted this measure on 1 January 2000. Certain cities, like Paris,
gave permission for the exemption from payment to their museums.
An assessment of the scheme offering
a standard admission price (8 euros) on Thursdays for all national theatres
indicates that the people benefiting from it were mainly students, followed by
visitors and regular theatre-goers, and thus the measure was not successful in
attracting new audiences. Thus, there is a clear need for a communication
policy aimed at targeted audiences and, more generally, escorted visits.
A "Culture Cheque" scheme
for high school students (15-20 years) has been introduced. This system has
already been applied in the Rhône-Alpes région. In contrast to the
subscription cards which provide entry to specified cultural establishments,
the culture cheque can be used in different establishments (cinemas, theatres,
museums, libraries). An assessment of these experiments indicated that culture
cheques serve not only as a pricing mechanism, but also as a means to foster
new relationships with culture by demystifying cultural spaces, improving
cultural choice and "customer" loyalty, broadening interests, etc...
France/ 8.3 Arts and cultural
education
8.3.1 Arts education
Arts education is a field in which
all cultural policy actors play a part. The field includes arts education in
schools, for which the government is mainly responsible, and arts education during
leisure time, which is either partially or totally administrated by local and
regional authorities; the major share of responsibility falls on the
municipalities. Great importance is placed on the partnership between the
different ministries and between ministries and local and regional authorities.
Arts education at school
All French children receive a basic
education in the arts within the context of the Ministry of Education's general
education portfolio. The Ministry of Education determines the national syllabi
and timetables for all public and private educational establishments. Arts
education is included in the obligatory syllabi of primary (6 to 11 years) and
secondary (11 to 15 years) schools. Arts options are available in high schools
(15 to 18 years). The importance of arts teaching in general education was
affirmed by the Law of 6 January 1988.
In 2000, the Five-Year Plan for Arts
and Culture in Schools, jointly introduced by the Ministry of Education and the
Ministry of Culture and Communication, established the priority of arts and
cultural education in educational policy. The High Council for Artistic and
Cultural Education, installed in 2005 (see also chapter
2.3), insists that artistic education, which was sacrificed for a long
time, has its rightful place in education.
Partnerships
Since 1983, the Ministry of Culture
and Communication has been co-operating with the Ministry of Education to
broaden the field of arts education to include all disciplines, to increase
collaboration between educational establishments and cultural structures, and
to further involve culture professionals in the various action projects.
The Five-Year Plan for Arts and
Culture in Schools provides arts and cultural structures (over 6 000
cultural establishments: museums, theatres, cinemas...) with the necessary
means to enable them to carry out initiatives together with partners in the
field of education. The main lines of the Plan were defined as support for
innovative educational initiatives and the training of arts and cultural
contributors, mediators and teachers.
Moreover, the central directorates
of the Ministry of Culture and Communication administer programmes appropriate
to their field (e.g. heritage classes and secondary school visits to cinemas).
The Division for Development and Regional Initiatives (Délégation au
développement et à l'action territoriale) co-ordinates the initiatives of
the different directorates of the Ministry in the educational environment,
administering across-the-board measures (arts activities, workshops, cultural
classes, twinning), and maintaining constant dialogue with the Ministry of
Education.
Programmes covering art and culture,
at regional and département levels, fix objectives, draw up inventories
of existing mechanisms and available resources, and organise co-operation
between the Divisions of the Ministry of Education, the Regional Directorates
of Cultural Affairs (of the Ministry of Culture and Communication) and the
local and regional authorities.
Arts education during leisure time
Arts education is one of the most
important areas of municipal competency. It holds the second largest outlay in
terms of cultural expenditure. The municipalities spend an average of 25 euros
per inhabitant on arts education. A large majority of the outlay is devoted to
music education, an area which has been steadily increasing over the last
several decades. Other areas of arts education (such as the visual arts,
audio-visual media, etc) are not developed to such a degree.
Approximately 3 000 public
music schools and associated schools, subsidised by the local and regional
authorities, provide music teaching and a progressively increasing amount of
teaching of dance and dramatic art. These schools are mainly funded by the
municipalities. 144 schools (national conservatories in the regions and
national music schools) receive supplementary funding from the state (equal to
of 10% of their budget on average).
The integration of higher education,
"Culture" in the European Space of higher education
"Higher Education Culture"
(Enseignement Supérieur Culture, ESC), supervised by the Ministry of Culture
and Communication, is composed of 120 institutions, including the national
academies for music and dance of Paris and Lyon, the School of the Louvre, the
national Institute for Heritage, the 20 schools of architecture, the 57 schools
of art, Fémis (European Foundation of Image and Sound Professions, created in
1986 and renamed in 1999 as the National Institute of Image and Sound, INIS),
the School of Chaillot and the National Theatre School of Strasbourg. This
higher education involves 35 000 students, employs 3 000 teachers and
delivers more than 40 diplomas. It comprises a professional dimension,
accompanied by theoretical knowledge and research. Research shows that 75% of
graduates are still practising their professions three years after obtaining
their diploma. This teaching is being formatted to European standards
(Bachelor-Master-Doctorate).
Specialised university education
According to the site http://www.cortex-culturemploi.com/
of the University of Bourgogne (Institute Denis Diderot), the French
universities propose, in 2006-2007, 571 courses for cultural professions,
including 268 Masters Degrees (cinema and audio-visual; exhibitions, museums,
heritage; books; science and technology; performing arts; cultural tourism;
multi-field activities), and 303 short courses of less than one academic year
(administration, management; mediation, communication; production, diffusion;
technology; general courses).
France/ 8.3 Arts and cultural
education
8.3.2 Intercultural education
Intercultural education does not
exist in France, as such. On the other hand, cultural diversity is present in
all the cultural formations as well as the institutes specialised in the field
of cultural and artistic expression of other continents. Moreover, many
associations give the public an overview of the arts from the cultures of
immigration (African dances, visual arts, music of the world, theatre...),
which are presented with the assistance of local, national or European
authorities.
For more information, see our Intercultural Dialogue section.
France/ 8.4 Amateur arts, cultural
associations and community centres
8.4.1 Amateur arts
A survey in 1996 showed that half of
those aged 15 years and older in France had practiced amateur arts in their
lifetime and that 23 % continued to participate. For those aged between15 and
24 years, these proportions went up to two thirds and 50% respectively.
Additionally, the younger amateur artists are more likely to practice two or
more artistic activities.
It is interesting to note that
artforms considered as less significant were in fact very popular, such as
writing (poems, plays, novels, news) and dance. In addition, support for some
artforms depends on the cycles of life, such as the choral societies - strong
during youth, stagnant during the middle years and strengthening again at
retirement age.
However, public supply does not meet
the demand for the increasing number of people who wish to participate in
numerous artforms, which is a phenomenon of this generation. An effort was
agreed by the authorities to support the organisation of more activities and to
provide spaces for meeting, practising and performing.
France/ 8.4 Amateur arts, cultural
associations and community centres
8.4.2 Cultural houses and community
cultural clubs
Information is currently not
available.
France/ 9. Sources and Links
9.1 Key documents on cultural policy
Ahearne, Jeremy (ed.): French
Cultural Policy Debates. A Reader. London, New York: Routledge, 2001,
240 p., ISBN 0-415-27500-8.
Benhamou, Françoise: Les
dérèglements de l'exception culturelle. Paris, Seuil, collection « La
couleur des idées », 2006, 350 p.
Cardona, Jeannine et Lacroix,
Chantal : Chiffres clés 2007, statistiques de la culture.
Paris : La Documentation Française, 2007, 223 p., ISBN 978-2-11-006514-8. http://www2.culture.gouv.fr/deps/chiffrescles2007/global2007.pdf
Clement, Catherine: La Nuit et
l'été. Rapport sur la culture et la télévision. Paris / Seuil : La
Documentation Française, 2003.
Département des études, de la
prospective et des statistiques : Les dépenses culturelles des
collectivités locales en 2002, Note statistique n°21. Paris :
Ministère de la culture et de la communication, 2006.
Département des études et de la
prospective : Atlas des activités culturelles. Paris :
Ministère de la culture, La documentation française, 1998, 95 p.,
ISBN 2-11-003990-6.
Département des études, de la
prospective et des statistiques: Approche générationnelle des pratiques
culturelles et médiatiques. Collection Culture prospective, n°3, juin 2007.
Département des études et de la
prospective et des statistiques: Les dépenses des ménages pour la
culture. Évolutions et déterminants, Développement culturel n °132.
Paris : Ministère de la culture et de la communication, 2000, 8 p.
Département des études et de la
prospective : La montée irrésistible de l'audiovisuel, 1973-1997,
Développement culturel, n° 128. Paris : Ministère de la culture et de
la communication, 1999, 12 p.
Département des études et de la
prospective : Les pratiques culturelles des francais. Evolution
1989-1997, Développement culturel, n° 124. Paris : Ministère de la
culture et de la communication, June 1998.
Donnat, Olivier : Les
pratiques culturelles des Français. Enquête 1997. Paris :
Ministère de la culture, Département des études et de la prospective - La
documentation française, 1998, 359 p., ISBN 2-11-003991-4.
Jammet, Yves, sous la
direction de: Médiation culturelle et politique de la ville. Un lexique.
Paris: Association de prévention du site de La Villette (Apsv), 2003.
Looseley, David L.: The Politics
of Fun. Cultural Policy and Debate in Contemporary France.
Oxford-Washington: Berg Publishers, 1995, 280 p., ISBN 1-85973-013-2.
Mayol, Pierre : Les enfants
de la liberté. Paris : L'Harmattan, collection « Débats
jeunesses », 1997.
Mayol, Pierre : « De la
démocratie dans les associations culturelle », Agora Débats/jeunesse,
n° 40, 2006.
Metral, Jean (sous la direction
de) : Cultures en ville ou de l'art et du citadin. Paris : éd.
de l'Aube, 2000. Sur la diversité culturelle et les pratiques
« émergentes. »
Moulinier, Pierre, sous la direction
de, Les associations dans la vie et la politique culturelles.
Paris : Ministère de la culture, collection « les travaux du
DEP », 2001.
Moulinier, Pierre: Politique
culturelle et décentralisation. Paris : l'Harmattan, 2002.
336 p., ISBN 2-7475-2802-2.
Poirrier, Philippe : L'État
et la culture en France au XXe siècle. Paris : Le Livre de
Poche, 2000, 250 p., ISBN 2-253-90464-3.
Rioux, Jean-Pierre, Sirinelli,
Jean-François : La culture de masse en France de la Belle Époque à
aujourd'hui. Paris : Fayard, 2002.
Rioux, Jean-Pierre, Sirinelli,
Jean-François : Pour une histoire culturelle. Paris : Seuil,
1997.
Waresquiel (de), Emmanuel (sous la
direction) : Dictionnaire des politiques culturelles de la France
depuis 1959. Paris: Larousse-CNRS éditions, 2001, 658 p.
ISBN 2-03-508050-9.
For more complete information,
bibliographies and sets of themes are downloadable at http://www.culture.fr/dep/
(choose : « documentaire » then « les
bibliographies »).
L'Observatoire : semi-annual review on cultural policies, actual dynamics
in arts and culture, published by the Observatory of cultural policies. http://www.observatoire-culture.net/
France/ 9. Sources and Links
9.2 Key organisations and portals
Cultural policy making bodies
Ministry of Culture and
Communication
http://www.culture.gouv.fr/
Ministry of Foreign Affairs
http://www.diplomatie.gouv.fr/thema/dossier.asp?%20DOS=CULTURE
Educart site (cultural and artistic
education)
http://www.educart.culture.gouv.fr/
Division of French language and the
languages of France (DGLF-LF)
http://www.culture.gouv.fr/culture/dglf/
Cultural Policies in France
http://www.culture.gouv.fr/culture/actualites/index-politique.htm
Cultural research and statistics
Applicable legislation in France
with regard to artists' and authors' copyright
http://www.droitsdauteur.culture.gouv.fr/
Department of Studies and Future
Trends (DEP)
http://www.culture.gouv.fr/culture/dep/
French legislation service
http://www.legifrance.gouv.fr/
Information on the taxation of
culture
http://www.culture.gouv.fr/culture/infos-pratiques/fiscal/index.htm
Observatoire des politiques
culturelles
http://www.observatoire-culture.net/
Bibliographic database Mnemo
http://www.culture.gouv.fr/documentation/mnemo/pres.htm
Culture / arts portals
National Book Centre
http://www.centrenationaldulivre.fr/
National Library of France database
"Gallica"
http://gallica.bnf.fr/
National Museums' database of art
works "Joconde"
http://www.culture.fr/documentation/joconde/pres.htm
Architecture and Heritage Reference
Library "Mémoire" Database
http://www.culture.gouv.fr/documentation/memoire/pres.htm
Museums' Photographic Database
http://www.photo.rmn.fr/
Portal with access to the sites of
numerous French institutions
http://www.gksoft.com/govt/en/fr.html
Database of State Museums
http://www.culture.gouv.fr/culture/bdd/index.html
The
Council of Europe/ERICarts "Compendium of Cultural Policies and Trends in
Europe, 9th edition", 2008