The French cultural exception:

Role of the Ministry of Culture in Book Sector

The central administration of the Ministry of Culture defines the major strategic orientations of the State’s cultural policy and ensures coordination among the various industry professionals responsible for its implementation. It is responsible for designing the sector’s regulatory policy, in constant coordination with national organizations representing literary professions and activities (the National Publishing Union, the French Booksellers’ Union, national organizations representing authors’ interests, etc.).

This regulatory policy is particularly structuring for the book sector, whether in terms of economic regulation (the fixed book price law, regulation of delivery charges, sector-specific exemptions from intercompany payment deadlines) or regulation through copyright law (collective management of the public lending right in libraries, mandatory rules governing publishing contracts).

The central administration works with private, inter-professional operators that have sovereign objectives (ensuring proper application of the law, remuneration for library lending, etc.) and/or objectives requiring inter-ministerial coordination (supporting the presence of French books worldwide). Examples of these inter-professional operators include France Livre, which organizes the presence of French publishers at all international book fairs and trade shows in order to facilitate rights exchanges, and the Centrale de l’édition, which pools the transport of books abroad and to overseas territories and helps apply the 1981 law on book pricing in those overseas territories.

The central administration does not operate any grant or application-based support activity for projects led by professionals in the book economy; this responsibility is shared between the National Book Center (Centre national du livre) and the Regional Directorates for Cultural Affairs (DRAC). Indeed, it would be impossible for such aids to be left to the discretion of the administration itself due to the risk of “state-sponsored art”.

Cultural Exception: A Publishing Perspective

“Culture is the heritage of the world’s nobility,” said André Malraux, the first French Minister of Cultural Affairs and one of the major architects of the French cultural exception.

Since 1959, France has implemented a few legislative and regulatory measures pertaining to artistic creation, granting special status to audiovisual works and productions to protect them from free trade rules. These measures are based on the idea that cultural creation is not a commodity like any other and that its trade must therefore be protected by rules other than those of the market alone.

The book industry in France enjoys special attention from the government authorities. The single price strategy, support for publishers and authors, and the ban on free delivery of books all contribute to the diversity on offer.
Public action aimed at the book industry has several objectives: preserve and stimulate diversity in publishing; bolster the influence of French books around the world; promote economic development based on a balance between supportive and interdependent players (authors, publishers, retailers), conducive to the distribution of books in all regions and to all audiences.

To achieve these objectives, it relies on regulatory tools, mainly in the fields of economic regulation and copyright; forward-looking analysis and evaluation based on economic studies; and mechanisms for financial intervention.

Preserving Bibliodiversity Through Regulation

Several landmark laws have been passed.The law on book prices, known as the “Lang Law,” enacted on 10 August 1981, is a key marker of cultural policy in France. It regulates the prices charged by retailers: they can offer a 5% discount to individuals and a 9% discount to organizations such as local authorities, works councils, etc as against the price set by the publisher. Competition therefore focuses more on the service offered to customers than on price.

It has three objectives: Equality for citizens in terms of books, which will be sold at the same price throughout the country; Maintenance of a very dense decentralized distribution network, particularly in less privileged areas; And support for pluralism in creation and publishing.

The Act of 26 May 2011, regulating the price of digital books, has reinforced existing book pricing regulations. By prohibiting price competition, this measure aims to preserve a diverse digital distribution network, protect creative diversity, and maintain the level of remuneration for all players in the creative chain. The retail price set by the publisher is binding on anyone offering digital books to buyers located in France, regardless of where they are based.

The Act of 21 December 2021 on libraries reaffirms the need to develop strategic documents dedicated to public reading, with the formalization of regional and inter-municipal reading development plans.

The « Darcos » Act of 30 December 2021 reinforces the principle of fixed book prices by further regulating online practices. It thus provides for a minimum delivery service charge when orders are not picked up at a retail bookstore. It also requires all retailers to clearly distinguish between new and used books in their offers.

Nicolas Georges has been Director of Books and Reading at the French Ministry of Culture (Directorate for Media and Cultural Industries) since 2010. He has a rich experience in senior civil service positions, a career dedicated to heritage and literature, and in-depth knowledge of contemporary cultural policy issues.