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What creation is Fleur Pellerin's law addressing?

Web review - 02/10/2015

A great principle has just been quietly voted: the principle of creation. The examination of the law 'related to the liberty of creation, architecture and heritage', which started monday 28 September at the French Assemblée nationale, did not blow a humanist enthousiasm as the French government wishes it had.  Only about twenty deputees were in the hemicycle to vote the law first article : 'Every creation is free'.  This public liberty is now recognized by the internal French law and becomes as strong as the freedom of speech or the freedom of the press. Perhaps it is also the beginning of a new era which fosters tolerance to creation.  

Symbolic or practical impact? That lack of ambition can be explained by the impact of the principle, which is more symbolic than practical 'for the artistic liberty has always been protected by the freedom of speech, which is a constitutional principle and a ground right' stresses the Légifrance Impact study. Yet the symbol is meaningful nowadays, it is a weapon to ordinary hate against disruptive works of art. The symbol reflects also a convergence in national laws : Germany, Italy, Spain, Greece, Portugal and Western European countries implemented it years ago.  

Behind the tree of a great principle, a forest of 23 articles. True Prévert's inventorie -then cultural-, they adress questions related to performing arts - its data will be collected in order to create an observatory of artistic creation and cultural diversity -, music which has now a 'code of customs' so that the share of revenues helps artists. It is also the goal of the 'music mediator' who may be called by producers, editors or artists. the Film sector is also concerned with transparency measures - in particular the private copy on the cloud.

Debates will intensify about the measures to foster cultural diversity and extend the cultural offer : an equal access to published texts for handicaped people thanks to a copyright exception; the development of employment and professional activity via colleges and universities, or the heritage protection with the creation of the notion of 'historical city', 'qualitative architecture'; and finally a legal reform of archeological goods and instruments of the scientific archeological policy. Therefore a new legal definition of heritage emerges. 

The range of tackled questions is truely (too?) large: any talks about a 'yarrow' and wishes the former ministers' ambition were still present.  But we are only at the beginning of the legal process, which lets time for a national burst necessar to finally easy the emergence of a new generation of creators and cultural entrepreneurs who are settled on a territory and technology friendly. That is the Forum d'Avignon's wish.  


French MPs vote the ‘freedom of creation’

Patrick Bloche (left-wing) - the   law project reporter – was attentive: he had for mission to make the 1st article voted and to reject amendments, which could have pollute the ‘purity’ of the sentence. The French Minister of culture and communication, Fleur Pellerin repeated that ‘the article is strong because it is sober’. The Minister evoked this society, which would like ‘to stop the future’, sings ‘the withdrawal song’ and ‘fears above all the deletion’.

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Law on the Freedom of creation : sharp debates about the amateur practices’ conditions. 

Paris, Sept. 29th 2015 – the definition and frame of the artistic amateur practice triggered a sharp debate at the Assemblée nationale where the French government and the MPs of the majority modified this part of the project of the law on creation.

The new article introduced in commission and voted with some modifications, hopes to ‘find a balance point to conceal security of amateurs’ practices and confirm the attachment to wage system’ explains Patrick Bloche (left-wing) the law reporter. He adds ‘when it comes to the question of amateurs, the legislator must have a ‘scrapie hand’.

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The artists, his liberty and the law

Five words. No more. They constitute the 1st article of a law project planned to be debated at the Assemblée Nationale from the 28th of September until the 1st of October. Its goal is to defend culture. Its words? ‘Artistic creation  is free’. A true slogan. An incantation. There are few such lyrical sentences in the very law  but rather technical data on many sectors : creation, heritage, performances, archaeology, libraries, architecture, archives, museums… Cultural laws being rare and the time of the Parliament as well, everything is mixed up. And we will see what remains of this yarrow after the vote. 

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Law on creation : artists searching for equal revenues on the web

The French parliament starts today the examination of the law project on creation. On this occasion, the deputy reporter of the text Patrick Bloche proposes to implement a right to an equal remuneration on the internet for artists.

The Fleur Pellerin’s great law project starts today its slog. MPs will have to ponder on 400 amendments until the third session on Thursday evening. Among them there are the extending to the private copyright to the cloud – and possible the 3D impression.

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The law project ‘Freedom of creation, architecture and heritage’ in 6 key points

Performing arts, archeology, contemporary art, libraries and other sectors… the law project presented by the Minister of culture Fleur Pellerin at the Minister council in July 2015 seems to be a mixed up law with great principles and technical measures.  

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Drawing credit: Liza Donnelly, Cartooning for Peace for the Forum d’Avignon.