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Akerman, Branco, Deneuve et al Against Hadopi and Three Strikes!

Via a comment on the blog I learned that the letter translated below was not drafted by Paulo Branco the producer, but in fact by his son Juan Paulo Branco, who is also the maintainer of the blog Pour le Cinema (For the Cinema). Sorry Juan Paolo!

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Things are hotting up in France ahead of the reintroduction of the Internet and Creation Law  (HADOPI) in the French Parliament on April 29th. As I’ve described elsewhere several groups of musicians and filmmakers have made public pronouncements in support of the law. While there have been dissidents to the industry line throughout, a serious crack has opened up in the last week. Below I’ve translated the letter (French original here) drawn up by Juan Paulo Branco, and signed by over thirty figures from French cinema. Arthouse fans will be happy to see Chantal Akerman on the list, Eva Truffaut – who holds the rights to all her father’s films – documentary and narrative filmmakers, producers, casting directors and actors. One name stands out however, because it’s loaded with serious cultural capital, and that’s Catherine Deneuve. Ah, one more thing, another signatory is a certain Jean Sainati, whom you probably haven’t heard of: he was executive director of the ALPA ie the Antipiracy Board, from 1988 until 2002. Is the penny dropping yet?

Catherine Deneuve in Repulsion (1965), by Roman Polanski.

Catherine Deneuve in 'Repulsion' (1965), by Roman Polanski.

The call came late, but hey, it came. Paulo Branco put the delay down to the time required to collect the signatories and veiled threats made to him by other members of the film industry. Serious stuff given that he’s no industry ingenue, having produced more than 200 movies for directors including Wim Wenders and Raoul Ruiz.

When the entertainment industry marshaled its troops for public display at the Odeon in Paris the parade was largely composed of aging songwriters. Note the looks on their faces. They have the support of some younger musicians as well, and Luc Besson and Bertrand Tavernier have been busy penning open letters in favour of the law, but the emergence of this schism internal to the cinema world will complicate the public debate significantly.

Entertainmanet industry troops at the Odeon in Paris

Unhappy entertainment industry members at the Odeon, Paris

Meanwhile Juan Paulo Branco has launched a blog around their call, and is collecting alternative proposals to Hadopi. Today’s contribution is from campaign group, La Quadrature du Net, titled “The necessary union between artists and internet users.” The same crowd who are coordinating an international campaign around the EU Telecoms Package. One imagines that the article must have caused some squeaky-bums moments in a few Parisian boardrooms.

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An Open Letter to Citizen Viewers (Spectateurs),

Here is the open letter through which the opposition movement of the cinema world against the Hadopi law has begun. It constitutes a first step in the struggle for a more just system which takes into account the interests of all: the battle has just begun.

Committed (engagé) artists and producers, throughout our careers we have dedicated ourselves to a different cinema, a cinema which is open and challenging.

You have brought life to our work, heralding, acknowledging or rejecting it. Throughout our careers, we have pursued the same ambition: to spread our work and share it with you. Throughout our careers, we have faced a thousand obstacles, be they technical, material or economic.

Today we have the luck to live through a digital revolution which will allow us, in the very near future, to remove a number of these obstacles and open our cinema to all.

Today some fear this revolution, and fear for their monopoly. The Internet and Creation Law responds to a legitimate anxiety, which we share: that of seeing works devalued and degraded through distribution on the internet.

However this law, which claims to position itself as defender of creation, merely establishes a punishment mechanism of dubious constitutionality and opaque functionality.

Fruit of a massive exercise in lobbying and based on the presumption of guild, the Internet and Creation Law creates HADOPI, a high authority controlled by the executive which will be able to cut off an internet user’s connection for an infinitely extendible period, with neither the slightest proof nor the possibility of legal recourse,

Worse, and contrary to what has been widely written, no legislative provision enacts the substitution of criminal and civil charges with this procedure, making a ‘dual punishment’ possible .

Just as the European Parliament has almost unanimously characterized access to the internet as a fundamental right for the third time in just a few months; as ‘graduated response’ model crumbles in the United States; and while the rest of world emphasizes the pursuit of commercial pirates, the French government persists in treating users, viewers, as immature children at the root of all the cinema industry’s problems.

Demagogic, technically unfeasible, doggedly ignorant of the new methods of downloading, and purely repressive, this law is also a missed opportunity. Providing no new form of remuneration for rightsholders, the Internet and Creation Law addresses neither the cinema in its diversity, nor the viewers. Constituting just one last vain attempt to eradicate piracy through punishment, without concerning itself with the creation of legal alternatives, affordable and openly accessible via internet, it responds to none of the challenges posed today by new technologies, even though a strong and creative response is required by the cinema industry and those bodies dedicated to the protection of rights.

We do not identify with this approach, and call for a change of mentality. Fear of the internet is a mistake that we can no longer allow ourselves to make. It is time to accept that we must adapt ourselves to this “new world”, where access to culture loses its discriminatory character, and stop striving to create a society of virtual surveillance where everyone feels monitored.

Be it through a system of compulsory license (license globale) or by through the development of a unified platform for the downloading of works without DRM at reasonable prices,  positive responses to this challenge are needed today, which measure up to the expectations of the audience. Now is the time for reinvention and amazement, rather than the introduction of the umpteenth repressive mechanism….

Conscious of the needs of rightsholders, as we are ourselves, to find new forms of remuneration and get rid of piracy…

Confronted by a mechanism which is essentially conservative, demagogic and corrosive of liberty, which does not deals with what is really at stake in the digital revolution, and pays no heed to the interests of auteur cinema (cinema d’auteur). And in response to the numerous public declarations, drawn up by institutions and lobby groups to speak in the name of a profession which they represent only in part….

We, filmmakers, producers and actors, mark with this declaration our refusal of the Hadopi system, and the Internet and Creation Law.

We call on all lovers of cinema and freedom, of creation and diversity, to make their voices heard to their representatives to abandon Hadopi while there is still time, and put in its place a more just system, taking into account the interests of all.

Signed,

Victoria Abril (actrice), Chantal Akerman (réalisatrice), Agathe Berman (productrice), Paulo Branco (producteur), Catherine Deneuve (actrice), Louis Garrel (acteur), Yann Gonzalez (comédien), Clotilde Hesme (actrice), Christophe Honoré (réalisateur), JP Limosin (acteur), Chiara Mastroianni (actrice), Zina Modiano (réalisatrice), Gael Morel (réalisateur), Eva Truffaut (artiste cinéaste, ayant-droit de François Truffaut), Brigitte Rouan (réalisatrice), Françoise Romand (réalisateur), Laurence Ferreira Barbosa (réalisateur), Santiago Amigorena (réalisateur), Jeanne Balibar (actrice), Luc Wouters (SRF), Jean Sainati (ex délégué de l’ALPA général de 88 à 2002), Pierre Cattan (producteur), Gilles Sandoz (producteur), Pascal Verroust (ADR productions), Timothy Duquesne (auteur), Agnès de Cayeux (auteur), Antoine Moreau (auteur), Nathalie Chéron (directrice de casting), Gisčle Rapp-Meichler (cinéaste), Sylvain Monod (producteur, cinéaste), Richard Rousseau (directeur de casting), Fabrice Ziolkowski (réalisateur), Jacquie Bablet (réalisateur), Olivier Seror (réalisateur)

To see my more recent posts on Hadopi, click here.

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April 21, 2009 - Posted by | /, cinema, copyright, enforcement, France, HADOPI, p2p |

4 Comments »

  1. [...] first letter is from the world of cinema, signatories include directors, producers, actors (including Catherine [...]

    Pingback by French film-makers and science fiction writers protest new anti-P2P law | Geek News and Musings | April 30, 2009 | Reply

  2. [...] first letter is from the world of cinema, signatories include directors, producers, actors (including Catherine [...]

    Pingback by myReport » French film-makers and science fiction writers protest new anti-P2P law | April 30, 2009 | Reply

  3. [...] Akerman, Branco, Deneuve et al. Against Three strikes/Hadopi Law in France [...]

    Pingback by kNOw Future Inc. | May 7, 2009 | Reply

  4. [...] war of words conducted through the media between pro (Tavernier et al) and anti Hadopi factions (Branco/Denuve, Sci-fi writers). In the last two weeks there have been further salvos: first, another letter from [...]

    Pingback by Hadopi: Amendment 138, A Dismissal for Dissent, and More Letters « kNOw Future Inc. | May 7, 2009 | Reply


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