Netflix Lodges Appeal to France's Council of State Over Windowing Rules: ‘Taking a Stand Against an Imbalanced and Unfair System' (EXCLUSIVE)
Netflix has lodged an appeal to France's Council of State to call out the windowing rules which force the streamer to wait 15 months to access newly released films.
Such rules, which have largely been responsible for the absence of Netflix at the Cannes Film Festival, apply to all pay and free TV channels and subscription-based services. Simply put, their level of investment in theatrical movies determines their access to films after their release in cinemas.
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These windowing guidelines are intertwined with France's application of the E.U.'s Audiovisual Media Services Directive (AVMS), which sets local content quotas for streamers across Europe starting 2022. Back then, Netflix was the only streamer to sign a three-year agreement to invest 20% of its revenues in France on local content. As such, the streamer gained an access to films 15 months after their theatrical release rather than the 36-month wait that applied previously.
But three years later, with their pact concluding at the end at 2025, Netflix laments that they're still having to wait 15 months, despite dramatically increasing the volume of their investment in French movies. The streamer now invests €50 million per year in French cinema, which represents 4% of its local turnover, while its total investment in French content (taking into account TV movies, series and documentaries) is at €250 million. Last year, Netflix financed or co-financed 27 films in France, followed by Disney+ with 10 films, Prime Video with six and Max with two, according to a report unveiled by the National Film Board this week.
'Through investments in the French production industry, Netflix has contributed over 1.7 billion euros to the French creative economy and supported more than 25,000 jobs over the last four years,' states Netflix's VP of content in France, Pauline Dauvin, in the letter to the Council of State which was sent to Variety exclusively.
Yet, Netflix hasn't been able to move up in the windowing schedule because their percentage of investment in theatrical movies has remained at 4%. Even though they've pointed out that they spent more money than any other services, French film guilds have argued that Netflix would need to commit to a higher investment percentage in theatrical movies in order to be granted the 12-month window they have been lobbying for.
'Today, we're reluctantly taking a stand against an imbalanced and unfair system. Despite numerous attempts to find common ground, we've filed a legal challenge before the Conseil d'État regarding France's media chronology rules,' Dauvin wrote. 'Because while we're investing more than ever in French theatrically released films, our members face a 15-month wait to watch the very films they have helped bring to the screen. Our request is simple and has remained unchanged since 2022: reduce the window for films we've pre-financed at our current level of investment. '
Netflix has indeed been negotiating with film guilds for many months and talks reached a deadlock after news broke that Disney+ had been granted a nine-month window in spite of the fact that its overall investment in French content is much lower than Netflix's. However, Disney+ signed an agreement to invest 25% of their French turnover in French content and 14% in French theatrical movies, proportionally more than Netflix, but less in absolute value. Disney+ will be buying or pre-buying a minimum of 70 films over the next three years. Under French laws, if one streamer signs, it applies to all, so with Disney+'s signature, the windowing rules have been extended to Netflix which meant that it's technically stuck at 15 months for the next three years (2016-2028). But Netflix isn't willing to let it go. French newspaper Le Figaro was first to report the news of the appeal.
Variety has obtained the letter written by Netflix's VP of content in France, Pauline Dauvin, addressed to the the Council of State.
Netflix and French Cinema: Building the Future of Creativity Together
By: Pauline Dauvin
Millions of French people watch Netflix every day. We're a committed and locally embedded partner and are privileged to work with the best French producers as well as exciting new talent, bringing French films and series to audiences and celebrating French creativity in all its forms.
The proof is in our growing slate of local hits: Lupin became a phenomenon and won French hearts; Under Paris took French genre filmmaking worldwide; and Class Act even earned the recognition of les rosbifs with a BAFTA for Best International Series in 2024.
Our work with French institutions including La Cinematheque has seen us finance the restoration of Abel Gance's masterpiece Napoleon. Our support of La Fémis, Gobelins and Cinéfabrique ensures the next generation of French creators can thrive.
We've partnered with France's creative community for over a decade now and have become a key contributor to the French creative industries, investing over 250 million euros annually. Through investments in the French production industry, Netflix has contributed over 1.7 billion euros to the French creative economy and supported more than 25,000 jobs over the last four years.
We've also ramped up our commitment to French cinema, with over 50 million euros invested every year since 2022 in theatrically released films—from the lavish historical world of Jeanne du Barry to the powerful Flo, from the laugh-out-loud comedy of Les Segpa au ski to the edge-of-your-seat thrills of Vermines. All of this, despite theatrical distribution not being our business.
As a responsible partner, we were the first streaming service to sign the media chronology and a bilateral agreement with French cinema unions — because we believe in showing up for storytellers and we want to enable local creative success.
But today, we're reluctantly taking a stand against an imbalanced and unfair system.
Despite numerous attempts to find common ground, we've filed a legal challenge before the Conseil d'État regarding France's media chronology rules.
Why? Because while we're investing more than ever in French theatrically released films, our members face a 15-month wait to watch the very films they have helped bring to the screen.
Our request is simple and has remained unchanged since 2022: reduce the window for films we've pre-financed at our current level of investment.
We're not looking to disrupt the ecosystem—we want to enhance it.
Theatrical experiences remain important for film discovery and enjoyment. But in a world where technology has opened up new possibilities for audiences and filmmakers alike, making Netflix members in France wait longer than anywhere else in the world to enjoy the films they have funded just isn't sustainable.
French cinema deserves partners like Netflix who are 'all in'. As we have long demonstrated, we're committed to being part of this journey. All we ask in return are fair rules that reflect today's viewing habits as well as our contribution to French creativity.
Pauline Dauvin
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