Sub-paragraph 3: Points scale for animated works

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Article 211-12

French Cinema and Moving Image CodeIn force

Updated 8 Nov 2023

For cinematographic works in the animation genre, points are divided into six groups as follows:
I.-Production company and authors" group
A maximum of 35 points are allocated to the "Production company and authors" group, divided between the following two sub-groups:
1° "Production company" sub-group:
a) A maximum of 9 points is allocated to the "Production company" sub-group;
b) Points are awarded if the cinematographic work is produced by at least one production company that meets the conditions set out in article 211-3;
2° "Authors" sub-group:
a) A maximum of 26 points is allocated to the "Authors" sub-group, divided between the following positions:

-director: 8 points;
-authors of the original work, screenplay, adaptation and spoken text: 8 points;
-graphic authors: 7 points;
-author of musical compositions with or without words specially created for the work: 3 points;

b) Points are awarded if the following conditions are met:

-the director and the other authors are French nationals or equivalent.

By way of derogation and following the opinion of the approval commission, for French-initiated cinematographic works, foreigners other than those assimilated to French nationals are taken into account for the award of points if the production company that meets the conditions set out in article 211-3 is the initiator of the cinematographic work:

-with regard to the director, the audiovisual production contract and the employment contract designate French law as the applicable law;
-with regard to the other authors, the audiovisual production contract designates French law as the applicable law;

c) Any point relating to an item or one of its elements which is not used for justified artistic or technical reasons is deemed to have been obtained for French-initiative cinematographic works.
II.Performers" group
1° The "Performers" group is allocated 1 point for the item "recording of French voices";
2° The point for the item "recording of French voices" is obtained if the majority of the corresponding fees are received by performers who meet the following conditions:
a) The performers are French nationals or assimilated;
b) The contract concluded with the performers designates French law as applicable;
3° The point under the "recording of French voices" item that is not used for justified artistic or technical reasons is deemed to have been obtained for French-initiated cinematographic works.
III - "Production" group
1° A maximum number of 4 points is allocated to the "Production" group, corresponding to work related to production management and assistance, as well as work related to the operation and maintenance of computer networks;
2° The number of points obtained is determined according to the ratio between:

on the one hand, the cumulative amount of the remuneration, including social security contributions, of the technicians taken into account under the conditions laid down in 3° and the expenditure incurred with specialised studios taken into account under the conditions laid down in 4°;
- on the other hand, the total cumulative amount of the remuneration, including social security contributions, of all the technicians and all the expenditure incurred with specialised studios;

3° Where the production companies take direct charge of the work, the technicians are taken into account if the following conditions are met:
a) The technicians responsible for carrying out this work are French nationals or equivalent;
b) The contract concluded with the technicians responsible for this work designates French law as the applicable law;
4° Where the production companies use studios specialising in animation work, these studios are established in France and carry out the work themselves.
IV - "Animation preparation" group
1° A maximum of 20 points is allocated to the "Animation preparation" group, corresponding to the following work: storyboarding, animatics, reference sets, set modelling, character development, character modelling;
2° The number of points obtained is determined according to the ratio between:

on the one hand, the cumulative amount of the remuneration, including social security contributions, of the technicians taken into account under the conditions laid down in 3° and the expenditure incurred with specialised studios taken into account under the conditions laid down in 4°;
- on the other hand, the total cumulative amount of the remuneration, including social security contributions, of all the technicians and all the expenditure incurred with specialised studios;

3° When production companies take direct charge of the work, the technicians are taken into account if the following conditions are met:
a) The technicians responsible for carrying out this work are French nationals or equivalent;
b) The contract concluded with the technicians responsible for this work designates French law as the applicable law;
4° When production companies use studios specialising in animation work, these studios are established in France and carry out the work themselves.
V.-Animation production" group
The "Animation production" group is allocated a maximum of 30 points, divided between the following two sub-groups:
1° "First stage of animation production" sub-group:
a) The "First stage of animation production" sub-group is awarded a maximum number of 20 points corresponding to the following work: setting up the sets, setting up the animation, execution of the sets, animation and filming;
b) The number of points obtained is determined according to the ratio between:

on the one hand, the cumulative amount of the remuneration, including social security charges, of the technicians taken into account under the conditions set out in c and the expenditure incurred with specialised studios taken into account under the conditions set out in d;
- on the other hand, the total cumulative amount of the remuneration, including social security charges, of all the technicians and all the expenditure incurred with specialised studios;

c) When production companies take direct charge of the work, the technicians are taken into account if the following conditions are met:

the technicians responsible for carrying out the work are French nationals or equivalent;
- the contract concluded with the technicians responsible for carrying out the work designates French law as the applicable law;

d) Where production companies use studios specialising in animation work, these studios are established in France and carry out the work themselves;
2° "Second stage of animation production" sub-group:
a) A maximum of 10 points will be awarded to the "Second stage of animation production" sub-group, corresponding to the following work: rendering and lighting, tracing, gouaching, digitisation of drawings, colouring, digital assembly and digital visual effects;
b) The number of points awarded will be determined on the basis of the ratio between:

on the one hand, the cumulative amount of the remuneration, including social security contributions, of the technicians taken into account under the conditions laid down in c and the expenditure incurred with specialised studios taken into account under the conditions laid down in d;
- on the other hand, the total cumulative amount of the remuneration, including social security contributions, of all the technicians and all the expenditure incurred with specialised studios;

c) When production companies take direct charge of the work, the technicians are taken into account if the following conditions are met:

the technicians responsible for carrying out the work are French nationals or equivalent;
- the contract concluded with the technicians responsible for carrying out the work designates French law as the applicable law;

d) When production companies use studios specialising in animation work, these studios are established in France and carry out the work themselves.
VI - "Post-production" group
1° A maximum of 10 points is allocated to the "Post-production" group, divided between the following items:
a) Image: 5 points;
b) Sound: 5 points;
2° Points are awarded if at least 50% of the expenditure relating to each item concerned corresponds to services provided by companies established in France.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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Toque #C2396

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