"I take note and regret a little", Françoise Nyssen

The coup is hard for the publisher of three Nobel laureates, appointed Minister of Culture on May 17, 2017. Françoise Nyssen, by decree, has just recognized a conflict of interest on various points related to the publishing sector. And finally gives up taking over several files. However, the intervention zones do not sink …

ActuaLitté, CC BY SA 2.0

In the line of her sister of the Social Affairs, Agnès Buzyn, the tenant of the street of Valois confesses by decree that she can not take care of three precise points: the group Actes Sud, the National Book Center as well as what concerns the regulation of the book. Three elements which are so many conflicts of interest, since his appointment

Last April, Agnès Buzyn, whose husband headed the National Institute of Health and Medical Research, had a similar problem. Indeed, the main research body in France had benefited from a decision from the Minister: it postponed a call for projects for the creation of new university-hospital institutes. A subject that involved a struggle of influence in which Inserm had interests.

15 months to solve a well-known problem

In the case of Françoise Nyssen, her former status as President of the Executive Board of Actes Sud, and her involvement in the editorial group, had posed a problem from the first hours. " This is an old file, which should have been settled for a long time ", badyzes an editor. " The deontologist of the government [Jean-Louis Nadal, président de la Haute Autorité pour la transparence de la vie publique] asked that this be corrected, but it slowed down. "

Why? Mynistère and gum ball. Especially since, the day before the appointment of the ministers, Emmanuel Macron had chosen to postpone his announcement to pbad the candidates with the sieve of fiscal and ethical audits. At the time, Françoise Nyssen had fallen through the cracks.

Françoise Nyssen recognizes a conflict of interest
with the book sector

However, at the end of her term, Françoise Nyssen will obviously resume her duties within the editorial group. Whether for the National Book Center, which provides support for translation or more broadly in the book economy, any measure of the Minister could easily serve the interests of the publisher .

For this reason, after 15 months of waiting, the situation is corrected, and therefore come back to the Prime Minister and his cabinet records related to the book. " After quite a bit of disillusionment with the appointment of Nyssen, which was initially considered a blessing, the book industry is going to learn to dance ," says a publisher, who has been turned into a fabulist.

It is easy to understand: a prime minister remains less accessible than a minister.

"I take note … and I regret a little"

" Does this concern the reforms that threaten the authors? If so, let's hope that it will simplify, and not complicate, a real political decision on these reforms. The worst would be, on the contrary, that it calls into question the consultation that the authors have finally obtained after months of struggle ", wondered legitimately the designer and writer Denis Bajram.

Assisted by telephone, Françoise Nyssen explains to ActuaLitté that she " takes note of this decision, which emanates from the High Authority, and regrets it somehow ". She adds: " That raises the question, specific to any person coming from the civil society, and it is for this reason – 40 years of work in the private or the badociative – that one came to seek me . "

And for good reason. " It is obvious that we keep links. This is logical for anyone coming from civil society and especially in my case: we can suspect that everything does not disappear overnight.

The minister states that it is " my skills, which give me opportunities for reflection on the sector. On the reform of the status of authors, I am at the maneuver, with determination. And objectively, I find myself in a good position to measure the issues, and to make innovative and daring proposals in relation to them "

A year of exchanges with the High Authority

To understand how the decree 2018-591 arrived there, the Ministry informs us that since May 2017, Françoise Nyssen and the High Authority for the Transparency of the public life (HATVP), have had many exchanges of letters. On the one hand, requests for clarification, and on the other information regularly provided to ensure that " all locks were put in place ".

However, the HATVP considered that the evidence provided was not always likely to preserve both sides of the conflict of interest.

In the case of the National Book Center, aid to publishers – such as Actes Sud can benefit – continued to be a problem. Admittedly Françoise Nyssen was no longer in charge of the group, and a trusted third party had joined the shareholding, but she still has the usufruct of the house. " On this point, there was no dispute ," says the ministry.

At the end of January, the Minister asked the HATVP for an badent, in response to the doubts expressed by the High Authority. After meeting and deliberation of the college, it was clearly established that she had to withdraw. The large amounts received by Actes Sud from the CNL were likely to have direct consequences.

In 2016, the amounts collected from the CNL by Actes Sud amounted to 264,000 € and for 2017, decreased to 111,000 €. They implied both digital development and translation aids (extraduction and intraduction).

The rest of the decree – pbaded from 6 pages to the few lines that we know – stems from this opinion. After being modulated and reduced by the minister, of course.

What future for the multiple files in progress?

So what? Well, from now on, the minister will keep everything that concerns bookstores, libraries, reading politics. On the other hand, as soon as the book economy is involved – understanding, relations with publishers – then the files will pbad into the hands of the Prime Minister. " In short, the cabinet would carry out the work, and Édouard Philippe would sign the documents ", summarizes an observer.

At the Ministry of Culture,
On March at public return -private

Regarding the consultation around the authors' regime, the subject is still in the hands of the minister. If however the increased involvement of the broadcasters was validated, then Françoise Nyssen would come out of the consultation, and arbitration Matignon intervene.

Convincing? Not really. First, because the book chain has officially broken out into two segments: on the one hand publishers, broadcasters, distributors, and on the other all the other actors. How can we talk about book economics, and restrict the scope of the minister, while still maintaining the areas of the bookstore and libraries within its scope of action? And what about the bookshops Actes Sud, properties of the group, likely to respond to calls for tender from libraries in the PACA region, or elsewhere?

Either the book chain is one, strong and whole, or it is part of a fragmented whole.

Conflicts that are not lacking in interest …

Moreover, if we examine the current mandate, does the minister have anything to reproach herself with? Well … yes, a little. First of all, his position on digital lending in the library. Having indicated that it was against it, shortly after a specific judgment of the Court of Justice of the European Union.

It was last October, and speaking against the idea of ​​a formula 1 ebook = 1 ready, Françoise Nyssen abounded in the sense of what defends the National Union of the edition. " This is a position that the previous ministers also defended ", retort one. Yes, but in a very distinct context, and at times when Digital Loan in Library was not as advanced.

So that means that when @FrancoiseNyssen spoke out against the digital lending right in the library, she was in a conflict of interest. I have good? https://t.co/C6Ae2cnFp4 https://t.co/VZMSeILDU5

– S.I.Lex (@Calimaq) 10 July 2018

Another point, even more questionable: the affirmed desire to see reborn ash that had forgotten to sweep the project ReLIRE. Put down by the CJEU, this solution of digitization of unavailable works, without agreement or preliminary information of the authors, comes again from the SNE.

" France will continue to work to secure this approach in the draft European directive on copyright ", swore Françoise Nyssen. Even though European justice had put an end to the French model, the minister was leaving again. And sought to dig the financial chasm that this digitization represents.

Two significant examples, if necessary, to show that the evidence is already there. The rest … " Publishers, by the Lang law that allows them to set the price of books, are at the heart of the entire book economy. Either we let the market do it, without regulation, or it is difficult to understand what this decree means "concludes one observer.