sex hikaye

Információk a nemzetközi filmfinanszírozással kapcsolatban

a topikot nyitotta: filmhuadmin | 2003. augusztus 13. szerda, 20:04

rendezés  


egy oldalon
10-1  /  10


 
2003. szeptember 21. vasárnap, 13:44 10. | filmhu


http://www.cineuropa.org/

Parliament supports tax relief
http://www.communicationsbill.gov.uk/

http://www.ofcom.org.uk/


A group of MPs have urged the UK government to maintain attractive tax incentives and to encourage UK broadcasters to increase their investment in the local film industry. The proposals have been outlined in a 90-page report called ‘Is There a British Film Industry?’, which was published yesterday.

According to the key recommendations identified by the all-party House of Commons Culture, Media and Sport committee, the current Section 48 tax relief should be continued but also ‘evolve’ by applying to national and international distribution as well as production.
In reviewing the tax regime for film production (supposed to end in its current form by 2005), the Government should also “assess whether there is a case for the introduction of a new terminology to assist the classification of films according to country of origin distinguishing cultural content and financial provenance”, says the report.
The recommendations state that the second key priority for the Government is to consider the role of public service broadcasters in relation to investment in British films, using perhaps the Statements of Programme Policy required from the broadcasters and the newly reconstituted Ofcom (the media regulating body) to improve relationships between the UK TV channels and the local film industry.
Finally, the report praised the actions of the UK Film Council in “providing assistance and strategic leadership to the industry” and it was stressed that this work should be supported by the Government “so that impetus is not lost”.
However, the Film Council was also advised to “balance carefully the need to make progress in each area with the risk of spreading its limited funding too thinly”, and to engage actively with the British Film Institute (the BFI) to clarify the most effective working relationship for meeting their objectives, both shared and complementary”. 
 

 Annika Pham
 (19th September 2003) 



 
Funding – Holland
 
 Tax shelter stopped

The world of Dutch cinema is perplexed. Filmmakers and professional associations have stressed their disappointment about the decision to cancel the tax measures supporting national cinema.
The funding plans were introduced in 1999 and were valid for a five year period. According to an announcement by the Secretaries of State for Economy, Van Gennip, Finance Wijn and Culture, Van der Laan, the tax shelter system will be stopped from January 1, 2004.
It seems like a rather unusual decision, especially given that it has been decided at a time when Dutch cinema is going through a strong period of development and has gained a lot of public and critical acclaim both at home and abroad.

 
 Marie-France Dupagne
 (19th September 2003) 


 
Productions – Germany 
 
 FFA distributes funding

At its latest meeting in Berlin on September 16, the FFA – Filmförderungsanstalt has awarded financing worth €115,000 for three treatments and three screenplays. The money is being distributed in the following way: Treatments:

Paris gehört uns by Winifred Bonengel
produced by Next Film Filmproduktion GmbH&Co KG
€25,000
 
Cafe by Bence Gyöngyössi
produced by Macropulos Film
€20,000
 
Upgrade by Martin Rauhaus
produced by Studio Berlin Produktion GmbH
€25,000
 
Screenplays:

Russendisco by Oliver Schmitz/ Thomas Wendrich
produced by CMW Film Company GmbH
€15,000
 
Die Totenwäscherin by Klaus Giffhorn
produced by Next Film Filmproduktion GmbH & CO KG
€15,000
 
Radu by Andrea Heller
produced by Colonia Media Filmproduktions GmbH
€15,000
 
The next closing date for new film projects to be sent into the FFA is September 30, 2003.
 


 
 Giovannella Rendi
 (19th September 2003)
 

 
2003. szeptember 15. hétfő, 13:43 9. | filmhu

http://www.mkogy.hu/aktual/jogalkotas.htm

Az Országgyulés 2003. évi oszi ülésszakára vonatkozóAz Országgyulés 2003. évi oszi ülésszakára vonatkozó
törvényalkotási programtörvényalkotási program

(az ütemezés a törvényjavaslatok tervezett elfogadási idopontján alapul)(az ütemezés a törvényjavaslatok tervezett elfogadási idopontján alapul)

SZEPTEMBER*SZEPTEMBER*

10.Egyes iparjogvédelmi és szerzoi jogi törvények jogharmonizációs célú módosításáról szóló törvényjavaslat10.Egyes iparjogvédelmi és szerzoi jogi törvények jogharmonizációs célú módosításáról szóló törvényjavaslat

Közepes terjedelmu szabályozás.Közepes terjedelmu szabályozás.

Benyújtás idopontja: 2003. augusztusBenyújtás idopontja: 2003. augusztus

Parlamenti eloadó: IMParlamenti eloadó: IM


OKTÓBEROKTÓBER

21. Az elektronikus hírközlésrol szóló törvényjavaslat21. Az elektronikus hírközlésrol szóló törvényjavaslat

Nagy terjedelmu szabályozás.Nagy terjedelmu szabályozás.

Benyújtás idopontja: 2003. szeptemberBenyújtás idopontja: 2003. szeptember

Parlamenti eloadó: IHMParlamenti eloadó: IHM

A szabályozás célja az Európai Unió jellemzo tagállami gyakorlatának, illetoleg a hírközlési törvény kihirdetése óta eltelt közel két év hazai gyakorlati tapasztalatainak felhasználásával a közösségi joggal teljesen harmonizáló, a hazai ágazati piac gyors változásaihoz hatékony és rugalmas alkalmazkodást lehetové tevo jogi keretek meghatározása.A szabályozás célja az Európai Unió jellemzo tagállami gyakorlatának, illetoleg a hírközlési törvény kihirdetése óta eltelt közel két év hazai gyakorlati tapasztalatainak felhasználásával a közösségi joggal teljesen harmonizáló, a hazai ágazati piac gyors változásaihoz hatékony és rugalmas alkalmazkodást lehetové tevo jogi keretek meghatározása.

 Az elektronikus kereskedelmi szolgáltatások, valamint az információs társadalommal összefüggo szolgáltatások egyes kérdéseirol szóló 2001. évi CVIII. törvény módosítására vonatkozó törvényjavaslat Az elektronikus kereskedelmi szolgáltatások, valamint az információs társadalommal összefüggo szolgáltatások egyes kérdéseirol szóló 2001. évi CVIII. törvény módosítására vonatkozó törvényjavaslat

Kis terjedelmu szabályozás.Kis terjedelmu szabályozás.

Benyújtás idopontja: 2003. szeptemberBenyújtás idopontja: 2003. szeptember

Parlamenti eloadó: IHMParlamenti eloadó: IHM

A szabályozás célja a jogharmonizációs kötelezettségek teljesítése.A szabályozás célja a jogharmonizációs kötelezettségek teljesítése.

  A rádiózásról és televíziózásról szóló 1996. évi I. törvény módosítására vonatkozó törvényjavaslat  A rádiózásról és televíziózásról szóló 1996. évi I. törvény módosítására vonatkozó törvényjavaslat

Kis terjedelmu szabályozás.Kis terjedelmu szabályozás.

Benyújtás idopontja: 2003. szeptemberBenyújtás idopontja: 2003. szeptember

Parlamenti eloadó: NKÖMParlamenti eloadó: NKÖM

A szabályozás célja a jogharmonizációval összefüggo kötelezettségek teljesítése.A szabályozás célja a jogharmonizációval összefüggo kötelezettségek teljesítése.


NOVEMBERNOVEMBER

36.A filmrol szóló törvényjavaslat36.A filmrol szóló törvényjavaslat

Közepes terjedelmu szabályozás.Közepes terjedelmu szabályozás.

Benyújtás idopontja: 2003. szeptemberBenyújtás idopontja: 2003. szeptember

Parlamenti eloadó: NKÖMParlamenti eloadó: NKÖM

A szabályozás célja a magyar filmipar és filmmuvészet viszonyainak átfogó rendezése, európai szinten való versenyképessé tétele.A szabályozás célja a magyar filmipar és filmmuvészet viszonyainak átfogó rendezése, európai szinten való versenyképessé tétele.

 
2003. augusztus 15. péntek, 12:32 8. | filmhu

the full text: http://www.sport-amateur.gc.ca/progs/ac-ca/progs/bcpac-cavco/pubs/2001-02/ra-ar/activ_01-02_e.pdf

CAVCO:http://www.sport-amateur.gc.ca/progs/ac-ca/progs/bcpac-cavco/index_e.cfm

CAVCO

Canadian Audio-Visual Certification Office

2001–02

ACTIVITY REPORT

2001-02 CAVCO ACTIVITY REPORT

Activities and programs administered by

CAVCO for the period April 1, 2001, to

March 31, 2002

CAVCO

Canadian Audio-Visual Certification Office

100 Sparks Street, 4th Floor

Ottawa, Ontario

K1A 0M5

Phone 1-888-433-2200 • 613-946-7600

Fax 613-946-7602

CONTENTS

INTRODUCTION 4

1.1 What is CAVCO? 4

1.1.1 History 4

1.1.2 Mandate 5

1.2 CAVCO activity report analysis 6

1.2.1 Definitions 6

ADMINISTRATION 8

2.1 New initiatives at CAVCO 8

2.2 Administrative process 10

2.3 Workload 10

2.3.1 Applications received 10

2.3.2 Applications granted 12

PROGRAMS 13

3.1 Canadian Film or Video Production Tax Credit (CPTC) 13

3.1.1 Canadian content points 15

3.1.2 Production type 16

3.1.3 Region 18

3.1.4 Official treaty co-productions 19

3.2 Film or Video Production Services Tax Credit (PSTC) 20

3.3 Capital Cost Allowance (CCA) 21

3.4 Beirut Agreement (UNESCO) 22

3

Section 1

1

INTRODUCTION

T his report provides a review and analysis conducted by the Canadian Audio-Visual

Certification Office (CAVCO) of productions certified under its programs up to the year

ending March 31, 2002, as well as cumulative data and comparisons over the five-year

period from April 1, 1997, to March 31, 2002. Although this report covers all aspects of

the activities of CAVCO, it is not exhaustive in scope. Its intent is to give the reader a general

overview of the administration of CAVCO and Canadian certified productions.

his report provides a review and analysis conducted by the Canadian Audio-Visual

Certification Office (CAVCO) of productions certified under its programs up to the year

ending March 31, 2002, as well as cumulative data and comparisons over the five-year

period from April 1, 1997, to March 31, 2002. Although this report covers all aspects of

the activities of CAVCO, it is not exhaustive in scope. Its intent is to give the reader a general

overview of the administration of CAVCO and Canadian certified productions.

1.1 WHAT IS CAVCO?

On behalf of the Department of Canadian Heritage CAVCO administers four federal

government programs. CAVCO lies within the Cultural Affairs sector and is the immediate

responsibility of the Film, Video and Sound Recording Branch. The four programs administered

by CAVCO are the Canadian Film or Video Production Tax Credit (CPTC), the Film or Video

Production Services Tax Credit, the Capital Cost Allowance (CCA) program and the Beirut

Agreement, a UNESCO program.

1.1.1 HISTORY

The Canadian government has long recognized the importance of film and video as a cultural

resource, a vehicle of artistic expression, and a mechanism for reaching vast audiences. Through

the creation of the National Film Board, the Canadian Broadcasting Corporation television

networks and production facilities, Telefilm Canada (Telefilm), and the Canada Council’s film

program, the government has moved to provide an artistic, technical, and economic climate in

which Canada’s creative talents could be translated onto the screen to be seen by audiences in the

country and abroad.

CAVCO was created in 1974, along with the introduction of the CCA program for Canadian

feature films, which was designed to increase private sector support of the Canadian feature film

industry. In 1980 and 1982, amendments were made to the program to encourage greater

Canadian participation in the important creative positions of a production, resulting in the

adoption of the current Canadian content point system (see Exhibit 7).

On December 12, 1995, the federal government introduced the CPTC replacing the CCA

program. It provides a refundable tax credit of 25% of qualified labour expenditures, up to a

maximum of 48% of the total eligible costs of production, net of assistance, thus providing up to

Exhibit 7).

On December 12, 1995, the federal government introduced the CPTC replacing the CCA

program. It provides a refundable tax credit of 25% of qualified labour expenditures, up to a

maximum of 48% of the total eligible costs of production, net of assistance, thus providing up to

4

12% of the total production expenditures. CAVCO co-administers the program with the Canada

Customs and Revenue Agency (CCRA).

The credit was designed to encourage a more stable financing environment and longer-term

corporate development for production companies, rather than focus simply on single project

financing. Canadian ownership and control requirements ensure that the incentive is available only

to de facto Canadian-controlled companies, while also providing sufficient flexibility to encourage

foreign investment. Through this program, the federal government continues to support the

creation of Canadian programming and the development of an active domestic independent

production sector. In order to make the tax credit more responsive to the needs of the Canadian

production community, in the Budget 2000, the Government promised to “…review the rules

respecting the Canadian Film or Video Production Tax Credit…in consultation with industry

associations, to develop criteria for a streamlined mechanism for delivering the incentive.” The

objective of the consultation was to design criteria that would “…result in a simplified calculation

for the (CPTC), based more closely on labour content; reflect the original objectives of the

existing eligibility requirements for film and video productions that were announced in the 1995

budget; and are revenue-neutral in terms of the level of support to be given by the Government.”

After a period of consultation, efforts are now underway to achieve this objective.

On October 29, 1997, the Department of Finance announced the creation of the new Film or

Video Production Services Tax Credit (PSTC) to replace tax shelter benefits that were previously

available. The Department of Canadian Heritage, through CAVCO, was asked to provide

administrative support for the program, jointly administered by the CCRA.

Generally, the PSTC is available at a rate of 11% of the “qualified Canadian labour expenditures”,

incurred by an “eligible production corporation” for services provided in Canada by Canadian

residents or taxable Canadian corporations for the production of an “accredited production.” As

labour expenditures generally account for approximately 50% of a production’s budget, the tax

credit may provide up to 5.5% of total production expenditures.

de facto Canadian-controlled companies, while also providing sufficient flexibility to encourage

foreign investment. Through this program, the federal government continues to support the

creation of Canadian programming and the development of an active domestic independent

production sector. In order to make the tax credit more responsive to the needs of the Canadian

production community, in the Budget 2000, the Government promised to “…review the rules

respecting the Canadian Film or Video Production Tax Credit…in consultation with industry

associations, to develop criteria for a streamlined mechanism for delivering the incentive.” The

objective of the consultation was to design criteria that would “…result in a simplified calculation

for the (CPTC), based more closely on labour content; reflect the original objectives of the

existing eligibility requirements for film and video productions that were announced in the 1995

budget; and are revenue-neutral in terms of the level of support to be given by the Government.”

After a period of consultation, efforts are now underway to achieve this objective.

On October 29, 1997, the Department of Finance announced the creation of the new Film or

Video Production Services Tax Credit (PSTC) to replace tax shelter benefits that were previously

available. The Department of Canadian Heritage, through CAVCO, was asked to provide

administrative support for the program, jointly administered by the CCRA.

Generally, the PSTC is available at a rate of 11% of the “qualified Canadian labour expenditures”,

incurred by an “eligible production corporation” for services provided in Canada by Canadian

residents or taxable Canadian corporations for the production of an “accredited production.” As

labour expenditures generally account for approximately 50% of a production’s budget, the tax

credit may provide up to 5.5% of total production expenditures.

1.1.2 MANDATE

For the CPTC program, CAVCO is responsible for estimating eligible labour expenditures as

defined under section 125.4 of the Income Tax Act, and determining whether a production meets

Canadian content requirements, and ownership and control requirements under section 1106 of

the Income Tax Act (draft) Regulations. CAVCO may then recommend that the Minister of

Canadian Heritage issue two mandatory certificates: the Canadian film or video production

certificate (Part A certificate) and the certificate of completion (Part B certificate).

The PSTC program requires that CAVCO confirm the initial eligibility of the production under

draft Regulation 9300 of the Act, and to issue an “accreditation certificate”.

CAVCO also has the responsibility of ensuring that proper mechanisms are in place to deliver

quality service at an acceptable level of risk. As well, it has the duty to monitor and evaluate the

effect of emerging trends in the cost of the program, changes in ownership and activity levels of

broadcaster-affiliated and independent production companies, and the role of other public and

private sources of financing.

Income Tax Act, and determining whether a production meets

Canadian content requirements, and ownership and control requirements under section 1106 of

the Income Tax Act (draft) Regulations. CAVCO may then recommend that the Minister of

Canadian Heritage issue two mandatory certificates: the Canadian film or video production

certificate (Part A certificate) and the certificate of completion (Part B certificate).

The PSTC program requires that CAVCO confirm the initial eligibility of the production under

draft Regulation 9300 of the Act, and to issue an “accreditation certificate”.

CAVCO also has the responsibility of ensuring that proper mechanisms are in place to deliver

quality service at an acceptable level of risk. As well, it has the duty to monitor and evaluate the

effect of emerging trends in the cost of the program, changes in ownership and activity levels of

broadcaster-affiliated and independent production companies, and the role of other public and

private sources of financing.

Income Tax Act (draft) Regulations. CAVCO may then recommend that the Minister of

Canadian Heritage issue two mandatory certificates: the Canadian film or video production

certificate (Part A certificate) and the certificate of completion (Part B certificate).

The PSTC program requires that CAVCO confirm the initial eligibility of the production under

draft Regulation 9300 of the Act, and to issue an “accreditation certificate”.

CAVCO also has the responsibility of ensuring that proper mechanisms are in place to deliver

quality service at an acceptable level of risk. As well, it has the duty to monitor and evaluate the

effect of emerging trends in the cost of the program, changes in ownership and activity levels of

broadcaster-affiliated and independent production companies, and the role of other public and

private sources of financing.

5

1.2 CAVCO ACTIVITY REPORT ANALYSIS

This report provides an overview of production activity for the five-year period beginning

April 1, 1997, and ending March 31, 2002. Some productions in which principal photography

occurred during that time have not yet applied to CAVCO for certification. This makes complete

data impossible to collect for up to two years after the production commenced principal

photography. In these cases, a proportional representation, or percentage, is used in a particular

year in which applications have not yet been processed.

There is an important distinction to be made between the different types of data used in this

report. Data used in section 2.3, Workload, comes from the volume, or number, of applications

that CAVCO receives or grants in any given year. This may have no relation to the production

activity that occurs in the same year.

CAVCO must issue a “certificate of completion” within 30 months after the end of the fiscal year

end in which principal photography started for each production that applies for certification. As

the production company has the right to apply at any time during this period, this could mean that

CAVCO’s data would be incomplete until all production companies have applied for, and

received a “certificate of completion”.

All “Workload” data is obtained from the Canadian Film or Video Production Tax Credit

(CPTC) and the Film or Video Production Services Tax Credit (PSTC) programs combined.

1.2.1 DEFINITIONS

A, or Part A, or Part A certificate: Having to do with the application for, or the granting of, a

“Canadian film or video production certificate”, as defined in section 125.4(1) of the Income Tax

Act, for the CPTC program.

: Having to do with the application for, or the granting of, a

“Canadian film or video production certificate”, as defined in section 125.4(1) of the Income Tax

Act, for the CPTC program.

Income Tax

Act, for the CPTC program.

, for the CPTC program.

B, or Part B, or Part B certificate: Having to do with the application for, or the granting of, a

“certificate of completion”, as defined in the Income Tax Act (draft) Regulation 1106, for the

CPTC program.

: Having to do with the application for, or the granting of, a

“certificate of completion”, as defined in the Income Tax Act (draft) Regulation 1106, for the

CPTC program.

Income Tax Act (draft) Regulation 1106, for the

CPTC program.

A/B, or Part A/B: Having to do with the application for, or the granting of, both a “Part A

certificate” and a “Part B certificate” simultaneously.

: Having to do with the application for, or the granting of, both a “Part A

certificate” and a “Part B certificate” simultaneously.

AC, or accredited production, or accreditation certificate: Having to do with the application

for, or the granting of, an “accreditation certificate” for the PSTC program.

: Having to do with the application

for, or the granting of, an “accreditation certificate” for the PSTC program.

* * *

Application granted: An “application granted” may be either a “Part A certificate” or a “Part B

certificate” that has been issued for the CPTC program, or an “accreditation certificate” that has

been issued for the PSTC program. This should not be confused with a “certified production”,

defined below.

: An “application granted” may be either a “Part A certificate” or a “Part B

certificate” that has been issued for the CPTC program, or an “accreditation certificate” that has

been issued for the PSTC program. This should not be confused with a “certified production”,

defined below.

Application received: An “application received” may be an application by a company for either

a “Part A certificate” or “Part B certificate” for the CPTC program, or an “accreditation

certificate” for the PSTC program.

: An “application received” may be an application by a company for either

a “Part A certificate” or “Part B certificate” for the CPTC program, or an “accreditation

certificate” for the PSTC program.

6

Certified production: A “certified production” is one for which a production company applies,

and receives, a “certificate of completion”.

: A “certified production” is one for which a production company applies,

and receives, a “certificate of completion”.

* * *

Cost of production: The sum of all budgets, or costs of production, for productions used in a

statistical manner for a specified period.

: The sum of all budgets, or costs of production, for productions used in a

statistical manner for a specified period.

Aggregate cost of production: The sum of all budgets, or costs of production, for all

productions used in a statistical manner for the period April 1, 1997, to March 31, 2002.

: The sum of all budgets, or costs of production, for all

productions used in a statistical manner for the period April 1, 1997, to March 31, 2002.

Incomplete year: An “incomplete year” is a year for which not all data is available for statistical

or reporting use. In some cases, a year is not complete for up to two years.

: An “incomplete year” is a year for which not all data is available for statistical

or reporting use. In some cases, a year is not complete for up to two years.

Volume: The total number of productions in a sample, or population, for statistical use.

: The total number of productions in a sample, or population, for statistical use.

7

Section 2

2

ADMINISTRATION

O ver the past two years, CAVCO has undergone several administrative changes in

response to reviews of its management practices. In February 2000, the Minister of

Canadian Heritage, Sheila Copps, announced the findings of a report on the review of

management practices of federal support programs to the Canadian film and television

production industry. This initial examination of the administration of programs, roles and

responsibilities, compliance and control measures, and risk assessment for CAVCO, the Canada

Customs and Revenue Agency (CCRA), the Canadian Television Fund and Telefilm Canada was

conducted by the Strategic Review Group and concluded that, in general, the management

practices related to support programs for the film and television industry are sound.

As a follow up to this report, CCRA conducted a separate audit of CAVCO’s management

practices to ensure that the Canadian content and citizenship requirements under section 1106 of

the Income Tax Act (draft) Regulations are met. It was noted that, while basically sound, there

was room for minor improvements. PricewaterhouseCoopers also conducted a follow-up report

entitled Risk Assessment and Proposed Enhanced Management Control Framework for the

Federal Support System for Television and Film. And finally, under CAVCO’s initiative, an

independent consultant was hired to make a diagnostic assessment of key management issues and

initiatives, build a results-based business model and management framework, examine the internal

administrative structure of the organization, and make suggestions for improvement of file

analysis and administration.

ver the past two years, CAVCO has undergone several administrative changes in

response to reviews of its management practices. In February 2000, the Minister of

Canadian Heritage, Sheila Copps, announced the findings of a report on the review of

management practices of federal support programs to the Canadian film and television

production industry. This initial examination of the administration of programs, roles and

responsibilities, compliance and control measures, and risk assessment for CAVCO, the Canada

Customs and Revenue Agency (CCRA), the Canadian Television Fund and Telefilm Canada was

conducted by the Strategic Review Group and concluded that, in general, the management

practices related to support programs for the film and television industry are sound.

As a follow up to this report, CCRA conducted a separate audit of CAVCO’s management

practices to ensure that the Canadian content and citizenship requirements under section 1106 of

the Income Tax Act (draft) Regulations are met. It was noted that, while basically sound, there

was room for minor improvements. PricewaterhouseCoopers also conducted a follow-up report

entitled Risk Assessment and Proposed Enhanced Management Control Framework for the

Federal Support System for Television and Film. And finally, under CAVCO’s initiative, an

independent consultant was hired to make a diagnostic assessment of key management issues and

initiatives, build a results-based business model and management framework, examine the internal

administrative structure of the organization, and make suggestions for improvement of file

analysis and administration.

Income Tax Act (draft) Regulations are met. It was noted that, while basically sound, there

was room for minor improvements. PricewaterhouseCoopers also conducted a follow-up report

entitled Risk Assessment and Proposed Enhanced Management Control Framework for the

Federal Support System for Television and Film. And finally, under CAVCO’s initiative, an

independent consultant was hired to make a diagnostic assessment of key management issues and

initiatives, build a results-based business model and management framework, examine the internal

administrative structure of the organization, and make suggestions for improvement of file

analysis and administration.

Risk Assessment and Proposed Enhanced Management Control Framework for the

Federal Support System for Television and Film. And finally, under CAVCO’s initiative, an

independent consultant was hired to make a diagnostic assessment of key management issues and

initiatives, build a results-based business model and management framework, examine the internal

administrative structure of the organization, and make suggestions for improvement of file

analysis and administration.

. And finally, under CAVCO’s initiative, an

independent consultant was hired to make a diagnostic assessment of key management issues and

initiatives, build a results-based business model and management framework, examine the internal

administrative structure of the organization, and make suggestions for improvement of file

analysis and administration.

2.1 NEW INITIATIVES AT CAVCO

As a response to the industry call for simplification of the tax credit program, and the reviews

mentioned above, CAVCO implemented several administrative initiatives to speed up the

certification process, irrespective of any future changes to the legislation and regulations of the

Income Tax Act. Following is a list of some of these initiatives.

. Following is a list of some of these initiatives.

Integrated automatic templates: Previously, a tax credit officer (TCO) had to analyze a file and

manually type the required information in the recommendation and certificate templates. A new

system has been developed to automatically enter the proper information directly from the

database into the templates. This has resulted in increased time for TCOs to analyse new files, and

a reduction in human errors.

: Previously, a tax credit officer (TCO) had to analyze a file and

manually type the required information in the recommendation and certificate templates. A new

system has been developed to automatically enter the proper information directly from the

database into the templates. This has resulted in increased time for TCOs to analyse new files, and

a reduction in human errors.

8

Reduced documentation: CAVCO has recently developed a new checklist for documentation

that must be submitted by the production company with their application. For “Clearly Canadian”

productions, which have little or no foreign involvement and have attained a high proportion of

Canadian content points, production companies need not submit some of the information

previously asked for.

CAVCO has recently developed a new checklist for documentation

that must be submitted by the production company with their application. For “Clearly Canadian”

productions, which have little or no foreign involvement and have attained a high proportion of

Canadian content points, production companies need not submit some of the information

previously asked for.

Production company declaration: In the past, production companies were required to submit

to CAVCO all certificates and objects of incorporation for the company so that CAVCO could

verify whether a production company was an eligible “Canadian” film or video production

company. With the help of the Department of Justice, a more simplified method of verification of

the corporation has been implemented with an affidavit-like, two-page form detailing information

for private corporations with less than fifty shareholders.

In the past, production companies were required to submit

to CAVCO all certificates and objects of incorporation for the company so that CAVCO could

verify whether a production company was an eligible “Canadian” film or video production

company. With the help of the Department of Justice, a more simplified method of verification of

the corporation has been implemented with an affidavit-like, two-page form detailing information

for private corporations with less than fifty shareholders.

Restructuring: CAVCO has recently undergone structural changes in order to accommodate

increased workloads and to make the organization more efficient and responsive to clients needs.

New specialized positions have been created in two main sections: Business and Legal Affairs, and

Operations and Client Relations. Within the realm of the Business and Legal Affairs section is the

manager, the senior policy officer, and the tax credit officer, Legal. Within the Operations section,

the manager oversees the senior tax credit officer, French Market, the senior tax credit officer,

English Market, tax credit officers, and administrative support positions. At the head of this

structure is the director.

CAVCO has recently undergone structural changes in order to accommodate

increased workloads and to make the organization more efficient and responsive to clients needs.

New specialized positions have been created in two main sections: Business and Legal Affairs, and

Operations and Client Relations. Within the realm of the Business and Legal Affairs section is the

manager, the senior policy officer, and the tax credit officer, Legal. Within the Operations section,

the manager oversees the senior tax credit officer, French Market, the senior tax credit officer,

English Market, tax credit officers, and administrative support positions. At the head of this

structure is the director.

Increase in tax credit officers: To respond to the continuing increase in tax credit applications

received by CAVCO, the number of tax credit officers has nearly doubled in the last two years to

seventeen. This has led to a dramatic increase in the file output, virtually eliminating a backlog of

applications, and establishing a file turnaround time of approximately eight to ten weeks.

To respond to the continuing increase in tax credit applications

received by CAVCO, the number of tax credit officers has nearly doubled in the last two years to

seventeen. This has led to a dramatic increase in the file output, virtually eliminating a backlog of

applications, and establishing a file turnaround time of approximately eight to ten weeks.

Canadian Content Audit Program: The Canadian Content Audit Program (CCAP) was

created to reduce risks attached to the certification of Canadian film or video productions by

CAVCO.

To minimize these risks the Department of Canadian Heritage, with the aid of the Canada

Customs and Revenue Agency (CCRA), implemented an audit program that strives to ensure

public confidence in issuing Canadian film or video production certificates. In order for this to

succeed, CAVCO developed various audit procedures and provided full training sessions in

regard to Canadian content issues to help CCRA auditors in their fieldwork.

The CCAP pilot project was launched in the autumn of 2001. To inaugurate the program, thirty

files from each of the three major centres (Montreal, Toronto, Vancouver) were chosen. CCRA

auditors will have completed ninety audits by November 2002.

The Canadian Content Audit Program (CCAP) was

created to reduce risks attached to the certification of Canadian film or video productions by

CAVCO.

To minimize these risks the Department of Canadian Heritage, with the aid of the Canada

Customs and Revenue Agency (CCRA), implemented an audit program that strives to ensure

public confidence in issuing Canadian film or video production certificates. In order for this to

succeed, CAVCO developed various audit procedures and provided full training sessions in

regard to Canadian content issues to help CCRA auditors in their fieldwork.

The CCAP pilot project was launched in the autumn of 2001. To inaugurate the program, thirty

files from each of the three major centres (Montreal, Toronto, Vancouver) were chosen. CCRA

auditors will have completed ninety audits by November 2002.

9

2.2 ADMINISTRATIVE PROCESS

When an application is received at CAVCO, a file is created with all the

information the producer submitted, and date stamped on the day of

arrival. A certification clerk then enters all relevant information into the

computer database, and a receipt for the payment of the application fee

is sent to the production company.

The file is then sent to the registrar who conducts a preliminary analysis

to ensure that all documents on the checklist have been submitted with the application. If there

are missing documents, the registrar will fax the producer immediately asking for the basic

information, and the file will stay with the registrar until the producer submits the missing

information. If a production company sends an incomplete application, the file cannot be

analysed by a tax credit officer. The file will be placed in the CAVCO Bank for analysis once all

documents have been received from the production company.

H I G H L I G H T

CAVCO granted a record

1605

certificates in 2001-02.

On a first-come, first-served basis, a tax credit officer will retrieve a file from the Bank and

conduct a full analysis. If there are issues to be resolved or further information missing, the officer

will ask the producer for the appropriate documents. The time that the file remains with the

officer normally depends on how quickly the producer responds to the request. Once the officer

determines the file is ready for approval, he or she will print the recommendation and certificate

and send it to the director for approval.

The official certificate is routed to the director general, Film, Video and Sound Recording, and

then sent to the Assistant Deputy Minister’s Office for signature. Once signed, the file is returned

to the certification clerk who forwards it to the production company. Presently, this process takes

approximately 8 to 10 weeks, if there are no issues with the production, and if the production

company promptly sends in all appropriate documents.

2.3 WORKLOAD

Workload is represented by the total number of applications received and the total number of

applications granted at CAVCO in any given year. The majority of the workload is made up of

analyzing and processing Canadian Film or Video Production Tax Credit (CPTC) applications.

2.3.1 APPLICATIONS RECEIVED

The graphs in this section represent the total number of applications received by CAVCO for the

CPTC and the Film or Video Production Services Tax Credit in the specified time period. The

data includes applications for “Part A certificates”, “Part B certificates”, simultaneous A and B

certificates, or Part A/Bs, and “accreditation certificates”, or ACs. It should be noted that an

“application received” (see section 1.2.1) by CAVCO does not represent the amount of

production activity taking place in that particular year. Theoretically, a single production could be

represented as two “applications received” if that production were to have applied for a “Part A

certificate” and a “Part B certificate” separately within the same year.

10

Exhibit 1 shows a steady increase in the

number of applications received by CAVCO

over the five-year period from April 1, 1997,

to March 31, 2002. This rise has been caused

by an increase in activity of the film and

television industry, more “Part A” certified

productions applying for “Part B”

certification, and the introduction of the Film

or Video Production Services Tax Credit

program. Most notably, the number of “Part

A” applications received, or new

productions, continued to increase in each

successive year. In each of the five years

from 1997-98 to 2001-02, the volume of

“Part A” applications are 397, 514, 625, 664

and 793, respectively.

shows a steady increase in the

number of applications received by CAVCO

over the five-year period from April 1, 1997,

to March 31, 2002. This rise has been caused

by an increase in activity of the film and

television industry, more “Part A” certified

productions applying for “Part B”

certification, and the introduction of the Film

or Video Production Services Tax Credit

program. Most notably, the number of “Part

A” applications received, or new

productions, continued to increase in each

successive year. In each of the five years

from 1997-98 to 2001-02, the volume of

“Part A” applications are 397, 514, 625, 664

and 793, respectively.

Exhibit 1. Applications received, by year

0

100

200

300

400

500

600

700

800

900

97/98 98/99 99/00 00/01 01/02

A B A/B AC

Exhibit 1 shows the total number of “applications received” by

CAVCO in each type of application (A, B, A/B, AC) over the

five-year period from April 1, 1997, to March 31, 2002.

shows the total number of “applications received” by

CAVCO in each type of application (A, B, A/B, AC) over the

five-year period from April 1, 1997, to March 31, 2002.

This activity is also reflected in Exhibit 2 showing the sum of all applications received by

CAVCO, in the same time period. And in Exhibit 3, the graph shows the monthly average of

“applications received” for the five-year period from April 1, 1997, to March 31, 2002.

Exhibit 2 showing the sum of all applications received by

CAVCO, in the same time period. And in Exhibit 3, the graph shows the monthly average of

“applications received” for the five-year period from April 1, 1997, to March 31, 2002.

Exhibit 3, the graph shows the monthly average of

“applications received” for the five-year period from April 1, 1997, to March 31, 2002.

Exhibit 2. Total applications received, by

year

879

1199

1468

1637

1890

0

500

1000

1500

2000

97/98 98/99 99/00 00/01 01/02

Exhibit 3. Average applications received,

by month

110 111 114

137

121

107

127 120 118 120

110119

0

20

40

60

80

100

120

140

160

APR

MAY

JUNJUL

AUG

SEP

OCT

NOV

DEC

JAN

FEB

MAR

Exhibit 2 shows the total number of “applications received”

over the five-year period from April 1, 1997, to March 31, 2002.

shows the total number of “applications received”

over the five-year period from April 1, 1997, to March 31, 2002.

Exhibit 3 shows the average number of “applications

received” (A, B, A/B, AC combined), per month, for the

five-year period from April 1, 1997, to March 31, 2002.

shows the average number of “applications

received” (A, B, A/B, AC combined), per month, for the

five-year period from April 1, 1997, to March 31, 2002.

11

2.3.2 APPLICATIONS GRANTED

As shown here in Exhibit 4, the output of

“applications granted” has been increasing

steadily since 1997, with the exception of

2000-01, where the tandem effect of an

increase in the number, or volume of

applications, and the loss of several tax

credit officers created a “backlog.” This

anomaly has since been remedied with the

hiring of new employees and the

implementation of measures to alleviate

the problem (see section 2.1).

As mentioned above, the number of

applications granted does not necessarily

represent the amount of production

activity taking place in the industry in any

given year.

Exhibit 4, the output of

“applications granted” has been increasing

steadily since 1997, with the exception of

2000-01, where the tandem effect of an

increase in the number, or volume of

applications, and the loss of several tax

credit officers created a “backlog.” This

anomaly has since been remedied with the

hiring of new employees and the

implementation of measures to alleviate

the problem (see section 2.1).

As mentioned above, the number of

applications granted does not necessarily

represent the amount of production

activity taking place in the industry in any

given year.

Exhibit 4. Breakdown of applications granted,

by year

0

100

200

300

400

500

600

700

800

A B A/B AC

A 364 437 574 404 683

B 85 295 343 303 400

A/B 202 242 222 165 257

AC 0 45 198 132 265

97/98 98/99 99/00 00/01 01/02

In Exhibit 5, the total volume of

“applications granted” in the five-year period from April 1, 1997, to March 31, 2002, is shown. In

the fiscal year 2001-02, it is shown that CAVCO issued 1605 certificates, a 60% increase from the

previous year, which reflects the effectiveness of the new, more efficient certification process.

Exhibit 5, the total volume of

“applications granted” in the five-year period from April 1, 1997, to March 31, 2002, is shown. In

the fiscal year 2001-02, it is shown that CAVCO issued 1605 certificates, a 60% increase from the

previous year, which reflects the effectiveness of the new, more efficient certification process.

Exhibit 4 shows the total number of “applications granted” by CAVCO

in each type of application (A, B, A/B, AC) over the five-year period

from April 1, 1997, to March 31, 2002.

shows the total number of “applications granted” by CAVCO

in each type of application (A, B, A/B, AC) over the five-year period

from April 1, 1997, to March 31, 2002.

Exhibit 6, derived from data used in the same five-year time period as the previous exhibit,

shows the average number of “applications granted” in any given month. Fluctuations may occur

for several reasons, including staffing issues, application volume, level of difficulty of the

application.

Because of these variables, there does not appear to be any relation to the average number of

“applications received” per month, as in Exhibit 3.

, derived from data used in the same five-year time period as the previous exhibit,

shows the average number of “applications granted” in any given month. Fluctuations may occur

for several reasons, including staffing issues, application volume, level of difficulty of the

application.

Because of these variables, there does not appear to be any relation to the average number of

“applications received” per month, as in Exhibit 3.

Exhibit 3.

Exhibit 5. Total applications granted, by

year

651

1019

1337

1004

1605

0

200

400

600

800

1000

1200

1400

1600

1800

97/98 98/99 99/00 00/01 01/02

Exhibit 6. Average applications granted by

month

72

94 95 91

107

 
2003. augusztus 13. szerda, 20:52 7. | filmhu

Legislation


The following information provides a brief history of the legislation relating to film and television in the United Kingdom, and a short summary of the current principal instruments of legislation relating to film, television and video industries in the United Kingdom and in the European Community. The following information provides a brief history of the legislation relating to film and television in the United Kingdom, and a short summary of the current principal instruments of legislation relating to film, television and video industries in the United Kingdom and in the European Community.

Current legislation is separated into four categories: Current legislation is separated into four categories: Cinema andBroadcasting; ; Finance; ; Copyright and and European Union Legislation. .

Legislative History


Cinema

Legislation for the cinema industry in the United Kingdom goes back to 1909, when the Cinematograph Act was passed providing for the licensing of exhibition premises, and safety of audiences. The emphasis on safety has been maintained through the years in other enactments such as the Celluloid and Cinematograph Film Act 1922, Cinematograph Act 1952 and the Fire Precautions Act 1971, the two latter having been consolidated in the Cinemas Act 1985.Legislation for the cinema industry in the United Kingdom goes back to 1909, when the Cinematograph Act was passed providing for the licensing of exhibition premises, and safety of audiences. The emphasis on safety has been maintained through the years in other enactments such as the Celluloid and Cinematograph Film Act 1922, Cinematograph Act 1952 and the Fire Precautions Act 1971, the two latter having been consolidated in the Cinemas Act 1985.

The Cinematograph Films (Animals Act) 1937 was passed to prevent the exhibition and distribution of films in which suffering may have been caused to animals. The Cinematograph Films (Animals Act) 1937 was passed to prevent the exhibition and distribution of films in which suffering may have been caused to animals.

The Cinematograph (Amendment) Act 1982 applied certain licensing requirements to pornographic cinema clubs. Excluded from licensing were the activities of bona fide film societies and 'demonstrations' such as those used in shops, as well as exhibitions intended to provide information, education or instruction. Requirements for licensing were consolidated in the Cinemas Act 1985.The Cinematograph (Amendment) Act 1982 applied certain licensing requirements to pornographic cinema clubs. Excluded from licensing were the activities of bona fide film societies and 'demonstrations' such as those used in shops, as well as exhibitions intended to provide information, education or instruction. Requirements for licensing were consolidated in the Cinemas Act 1985.

The Sunday Entertainments Act 1932 as amended by the Sunday Cinema Act 1972 and the Cinemas Act 1985 regulated the opening and use of cinema premises on Sundays. The Sunday Entertainments Act 1932 as amended by the Sunday Cinema Act 1972 and the Cinemas Act 1985 regulated the opening and use of cinema premises on Sundays.

The Sunday Entertainments Act 1932 also established a Sunday Cinematograph Fund for 'encouraging the use and development of cinematograph as a means of entertainment and instruction'. This was how the British Film Institute was originally funded.The Sunday Entertainments Act 1932 also established a Sunday Cinematograph Fund for 'encouraging the use and development of cinematograph as a means of entertainment and instruction'. This was how the British Film Institute was originally funded.

Statutory controls were imposed by the Cinematograph Films Act 1927 in other areas of the film industry, such as the booking of films, quotas for the distribution and renting of British films and the registration of films exhibited to the public. This Act was modified by the Cinematograph Films Acts of 1938 and 1948 and the Film Acts 1960, 1966, 1970 and 1980 which were repealed by the Films Act 1985.Statutory controls were imposed by the Cinematograph Films Act 1927 in other areas of the film industry, such as the booking of films, quotas for the distribution and renting of British films and the registration of films exhibited to the public. This Act was modified by the Cinematograph Films Acts of 1938 and 1948 and the Film Acts 1960, 1966, 1970 and 1980 which were repealed by the Films Act 1985.

The financing of the British film industry has long been the subject of specific legislation. The National Film Finance Corporation was established by the Cinematograph Film Production (Special Loans) Act 1949. The Cinematograph Film Production (Special Loans) Act 1952 gave the National Film Finance Corporation the power to borrow from sources other than the Board of Trade. Other legislation dealing with film finance were the Cinematograph Film Production (Special Loans) Act 1954 and the Films Acts 1970 and 1980. The Cinematograph Films Council was established by the Cinematograph Films Act 1948, but like the National Film Finance Corporation, the Council was abolished by the Films Act 1985.The financing of the British film industry has long been the subject of specific legislation. The National Film Finance Corporation was established by the Cinematograph Film Production (Special Loans) Act 1949. The Cinematograph Film Production (Special Loans) Act 1952 gave the National Film Finance Corporation the power to borrow from sources other than the Board of Trade. Other legislation dealing with film finance were the Cinematograph Film Production (Special Loans) Act 1954 and the Films Acts 1970 and 1980. The Cinematograph Films Council was established by the Cinematograph Films Act 1948, but like the National Film Finance Corporation, the Council was abolished by the Films Act 1985.

The Cinematograph Films Act 1957 established the British Film Fund Agency and put on a statutory footing the formerly voluntary levy on exhibitors known as the 'Eady levy'. Eady money was to be paid to the British Film Fund Agency, which in turn was responsible for making payments to British film-makers, the Children's Film Foundation, the National Film Finance Corporation, the British Film Institute and towards training film-makers. The Film Levy Finance Act 1981 consolidated the provisions relating to the Agency and the exhibitors' levy. The Agency was wound up in 1988 pursuant to a statutory order made under the Films Act 1985.The Cinematograph Films Act 1957 established the British Film Fund Agency and put on a statutory footing the formerly voluntary levy on exhibitors known as the 'Eady levy'. Eady money was to be paid to the British Film Fund Agency, which in turn was responsible for making payments to British film-makers, the Children's Film Foundation, the National Film Finance Corporation, the British Film Institute and towards training film-makers. The Film Levy Finance Act 1981 consolidated the provisions relating to the Agency and the exhibitors' levy. The Agency was wound up in 1988 pursuant to a statutory order made under the Films Act 1985.

The British Film Institute used to obtain its funding from grants made by the Privy Council out of the Cinematograph Fund established under the Sunday Entertainments Act 1932 and also from the proceeds of subscriptions, sales and rentals of films. The British Film Institute Act 1949 allows for grants of money from Parliament to be made to the British Film Institute as the Lord President of the Privy Council thinks fit.The British Film Institute used to obtain its funding from grants made by the Privy Council out of the Cinematograph Fund established under the Sunday Entertainments Act 1932 and also from the proceeds of subscriptions, sales and rentals of films. The British Film Institute Act 1949 allows for grants of money from Parliament to be made to the British Film Institute as the Lord President of the Privy Council thinks fit.

Broadcasting

The BBC first started as the British Broadcasting Company (representing the interests of some radio manufacturers) and was licensed in 1923 by the Postmaster General under the Wireless Telegraphy Act 1904 before being established by Royal Charter. The company was involved in television development from 1929 and in 1935 was licensed to provide a public television service.The BBC first started as the British Broadcasting Company (representing the interests of some radio manufacturers) and was licensed in 1923 by the Postmaster General under the Wireless Telegraphy Act 1904 before being established by Royal Charter. The company was involved in television development from 1929 and in 1935 was licensed to provide a public television service.

The Independent Television Authority was established under the Television Act 1954 to provide additional television broadcasting services. Its existence was continued under the Television Act 1964 and under the Independent Broadcasting Act 1973, although its name had been changed to the Independent Broadcasting Authority by the Sound Broadcasting Act 1972 (which also permitted it to provide local sound broadcasting services).The Independent Television Authority was established under the Television Act 1954 to provide additional television broadcasting services. Its existence was continued under the Television Act 1964 and under the Independent Broadcasting Act 1973, although its name had been changed to the Independent Broadcasting Authority by the Sound Broadcasting Act 1972 (which also permitted it to provide local sound broadcasting services).

The Broadcasting Act 1981 amended and consolidated certain provisions contained in previous legislation including the removal of the prohibition on certain specified people from broadcasting opinions expressed in proceedings of Parliament or local authorities, the extension of the IBA's functions to the provision of programmes for Channel 4 and the establishment of the Broadcasting Complaints Commission.The Broadcasting Act 1981 amended and consolidated certain provisions contained in previous legislation including the removal of the prohibition on certain specified people from broadcasting opinions expressed in proceedings of Parliament or local authorities, the extension of the IBA's functions to the provision of programmes for Channel 4 and the establishment of the Broadcasting Complaints Commission.

Cable programme services and satellite broadcasts were the subject of the Cable and Broadcasting Act 1984. This Act and the Broadcasting Act 1981 were repealed and consolidated by the Broadcasting Act 1990 which implemented proposals in the Government's White Paper Broadcasting in the 1990's: Competition Choice and Quality (Cm 517, November 1988). Earlier recommendations on the reform of the broadcasting industry had been made in the Report of the Committee on Financing the BBC (the Peacock Report) (Cmnd 9824, July 1986) and the Third Report of the Home Affairs Committee's inquiry into the Future of Broadcasting (HC Paper 262, Session 1987-88, June 1988).Cable programme services and satellite broadcasts were the subject of the Cable and Broadcasting Act 1984. This Act and the Broadcasting Act 1981 were repealed and consolidated by the Broadcasting Act 1990 which implemented proposals in the Government's White Paper Broadcasting in the 1990's: Competition Choice and Quality (Cm 517, November 1988). Earlier recommendations on the reform of the broadcasting industry had been made in the Report of the Committee on Financing the BBC (the Peacock Report) (Cmnd 9824, July 1986) and the Third Report of the Home Affairs Committee's inquiry into the Future of Broadcasting (HC Paper 262, Session 1987-88, June 1988).

 

Current UK/EU Legislation


Broadcasting and Cinemas

Broadcasting Act 1996

The Broadcasting Act 1996 makes provision for digital terrestrial television broadcasting and contains provisions relating to the award of multiplex licences. It also provides for the introduction of radio multiplex services and regulates digital terrestrial sound broadcasting. In addition, the Act amends a number of provisions contained in the Broadcasting Act 1990 relating to the funding of Channel Four Television Corporation, the funding of Sianel Pedwar Cymmru, and the operation of the Comataidh Craolidgh Gaialig (the Gaelic Broadcasting Committee). The Act also dissolves the Broadcasting Complaints Commission and Broadcasting Standards Council and replaces these with the Broadcasting Standards Commission. The Act also contains other provisions relating to the transmission network of the BBC and television coverage of listed events.The Broadcasting Act 1996 makes provision for digital terrestrial television broadcasting and contains provisions relating to the award of multiplex licences. It also provides for the introduction of radio multiplex services and regulates digital terrestrial sound broadcasting. In addition, the Act amends a number of provisions contained in the Broadcasting Act 1990 relating to the funding of Channel Four Television Corporation, the funding of Sianel Pedwar Cymmru, and the operation of the Comataidh Craolidgh Gaialig (the Gaelic Broadcasting Committee). The Act also dissolves the Broadcasting Complaints Commission and Broadcasting Standards Council and replaces these with the Broadcasting Standards Commission. The Act also contains other provisions relating to the transmission network of the BBC and television coverage of listed events.

Broadcasting Act 1990

The Broadcasting Act 1990 established a new framework for the regulation of independent television and radio services, and for satellite television and cable television. Under the Act, the Independent Broadcasting Authority (IBA) and the Cable Authority were dissolved and replaced by the Independent Television Commission. The Radio Authority was established in respect of independent radio services. The Broadcasting Standards Council was made a statutory body and the Act also contains provisions relating to the Broadcasting Complaints Commission. Besides reorganising independent broadcasting, the Act provided for the formation of a separate company with responsibility for effecting the technical arrangements relating to independent television broadcasting - National Transcommunications Limited - as a first step towards the privatisation of the former IBA's transmission functions.The Broadcasting Act 1990 established a new framework for the regulation of independent television and radio services, and for satellite television and cable television. Under the Act, the Independent Broadcasting Authority (IBA) and the Cable Authority were dissolved and replaced by the Independent Television Commission. The Radio Authority was established in respect of independent radio services. The Broadcasting Standards Council was made a statutory body and the Act also contains provisions relating to the Broadcasting Complaints Commission. Besides reorganising independent broadcasting, the Act provided for the formation of a separate company with responsibility for effecting the technical arrangements relating to independent television broadcasting - National Transcommunications Limited - as a first step towards the privatisation of the former IBA's transmission functions.

The Broadcasting Act 1990 repealed the Broadcasting Act 1981 and the Cable and Broadcasting Act 1984, amended the Wireless Telegraphy Act 1949, the Wireless Telegraphy Act 1967, the Marine [&c] Broadcasting (Offences) Act 1967, and the Copyright, Designs and Patents Act 1988, and also implements legislative provisions required pursuant to Directive 89/552 - see below.The Broadcasting Act 1990 repealed the Broadcasting Act 1981 and the Cable and Broadcasting Act 1984, amended the Wireless Telegraphy Act 1949, the Wireless Telegraphy Act 1967, the Marine [&c] Broadcasting (Offences) Act 1967, and the Copyright, Designs and Patents Act 1988, and also implements legislative provisions required pursuant to Directive 89/552 - see below.

The Broadcasting Act 1990 requires the British Broadcasting Corporation, all Channel 3 Licensees, the Channel Four Television Corporation, S4C (the Welsh Fourth Channel Authority) and the future Channel 5 Licensee to procure that not less than 25 per cent of the total amount of time allocated by those services to broadcasting 'qualifying programming' is allocated to the broadcasting of a range and diversity of 'independent productions'. The expressions 'qualifying programming' and 'independent productions' are defined in the Broadcasting (Independent Productions) Order 1991.The Broadcasting Act 1990 requires the British Broadcasting Corporation, all Channel 3 Licensees, the Channel Four Television Corporation, S4C (the Welsh Fourth Channel Authority) and the future Channel 5 Licensee to procure that not less than 25 per cent of the total amount of time allocated by those services to broadcasting 'qualifying programming' is allocated to the broadcasting of a range and diversity of 'independent productions'. The expressions 'qualifying programming' and 'independent productions' are defined in the Broadcasting (Independent Productions) Order 1991.

Cinemas Act 1985

The Cinemas Act 1985 consolidated the Cinematographic Acts 1909 to 1952, the Cinematographic (Amendment) Act 1982 and related enactments. The Act deals with the exhibition of films and contains provisions for the grant, renewal and transfer of licences for film exhibition. There are special provisions for Greater London.The Cinemas Act 1985 consolidated the Cinematographic Acts 1909 to 1952, the Cinematographic (Amendment) Act 1982 and related enactments. The Act deals with the exhibition of films and contains provisions for the grant, renewal and transfer of licences for film exhibition. There are special provisions for Greater London.

The Cinemas Act specifies the conditions of Sunday opening, and provides for exempted exhibition in private dwelling houses, and for non-commercial shows in premises used only occasionally.The Cinemas Act specifies the conditions of Sunday opening, and provides for exempted exhibition in private dwelling houses, and for non-commercial shows in premises used only occasionally.

Video Recordings Act 1984

The Video Recordings Act 1984 controls the distribution of video recordings with the aim of restricting the depiction or simulation of human sexual activity, gross violence, human genital organs or urinary or excretory functions. A system of classification and labelling is prescribed. The supply of recordings without a classification certificate, or the supply of classified recordings to persons under a certain age or in certain premises or in breach of labelling regulations, is prohibited subject to certain exemptions. The Video Recordings Act 1984 controls the distribution of video recordings with the aim of restricting the depiction or simulation of human sexual activity, gross violence, human genital organs or urinary or excretory functions. A system of classification and labelling is prescribed. The supply of recordings without a classification certificate, or the supply of classified recordings to persons under a certain age or in certain premises or in breach of labelling regulations, is prohibited subject to certain exemptions.

Classification certificates are issued by the British Board of Film Classification. It is an offence to supply or offer to supply, or to have in possession for the purposes of supplying, an unclassified video recording. Supplying recordings in breach of classification, supplying certain classified recordings otherwise than in licensed sex shops, supplying recordings in breach of labelling requirements and supplying recordings with false indications as to classification, are all offences under the Act. The Video Recordings Act provides for powers of entry, search and seizure and for the forfeiture of video recordings by the court.Classification certificates are issued by the British Board of Film Classification. It is an offence to supply or offer to supply, or to have in possession for the purposes of supplying, an unclassified video recording. Supplying recordings in breach of classification, supplying certain classified recordings otherwise than in licensed sex shops, supplying recordings in breach of labelling requirements and supplying recordings with false indications as to classification, are all offences under the Act. The Video Recordings Act provides for powers of entry, search and seizure and for the forfeiture of video recordings by the court.

 

Telecommunications Act 1984

The Telecommunications Act 1984 prohibits the running of a telecommunications system within the United Kingdom subject to certain exceptions which include the running of a telecommunication system in certain circumstances by a broadcasting authority. A broadcasting authority means a person who is licensed under the Wireless Telegraphy Act 1949 (see below) to broadcast programmes for general reception. Telecommunications systems include, among other things, any system for the conveyance of speech, music, other sounds and visual images by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy. The Telecommunications Act 1984 prohibits the running of a telecommunications system within the United Kingdom subject to certain exceptions which include the running of a telecommunication system in certain circumstances by a broadcasting authority. A broadcasting authority means a person who is licensed under the Wireless Telegraphy Act 1949 (see below) to broadcast programmes for general reception. Telecommunications systems include, among other things, any system for the conveyance of speech, music, other sounds and visual images by electric, magnetic, electro-magnetic, electro-chemical or electro-mechanical energy.

Wireless Telegraphy Acts 1967 and 1949

The 1967 Act provides for the Secretary of State to obtain information as to the sale and hire of television receiving sets. The Act allows the Secretary of State to prohibit the manufacture or importation of certain wireless telegraphy apparatus and to control the installation of such apparatus in vehicles.The 1967 Act provides for the Secretary of State to obtain information as to the sale and hire of television receiving sets. The Act allows the Secretary of State to prohibit the manufacture or importation of certain wireless telegraphy apparatus and to control the installation of such apparatus in vehicles.

The 1949 Act provides for the licensing of wireless telegraphy and defines 'wireless telegraphy' as the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose. The requirements to hold a licence under the Wireless Telegraphy Act 1949 or the Telecommunications Act 1984 are separate from the television and radio broadcast licensing provisions and cable programme source licensing provisions contained in the Broadcasting Act 1990.The 1949 Act provides for the licensing of wireless telegraphy and defines 'wireless telegraphy' as the sending of electro-magnetic energy over paths not provided by a material substance constructed or arranged for that purpose. The requirements to hold a licence under the Wireless Telegraphy Act 1949 or the Telecommunications Act 1984 are separate from the television and radio broadcast licensing provisions and cable programme source licensing provisions contained in the Broadcasting Act 1990.

Marine [&c] Broadcasting (Offences) Act 1967

The making of broadcasts by wireless telegraphy (as defined in the Wireless Telegraphy Act 1949) intended for general reception from ships, aircraft and certain marine structures is prohibited under this Act.The making of broadcasts by wireless telegraphy (as defined in the Wireless Telegraphy Act 1949) intended for general reception from ships, aircraft and certain marine structures is prohibited under this Act.

The Cinematograph Films (Animals) Act 1937

The Cinematograph Films (Animals) Act 1937 provides for the prevention of exhibiting or distributing films in which suffering may have been caused to animals.The Cinematograph Films (Animals) Act 1937 provides for the prevention of exhibiting or distributing films in which suffering may have been caused to animals.

Celluloid and Cinematograph Film Act 1922

This Act contains provisions which are aimed at the prevention of fire in premises where raw celluloid or cinematograph film is stored or used. Silver nitrate film which was in universal use until the 1950s and was still used in some parts of the world (notably the former USSR) until the 1970s, is highly inflammable and becomes unstable with age. The purpose of the legislation was to protect members of the public from fire risks.This Act contains provisions which are aimed at the prevention of fire in premises where raw celluloid or cinematograph film is stored or used. Silver nitrate film which was in universal use until the 1950s and was still used in some parts of the world (notably the former USSR) until the 1970s, is highly inflammable and becomes unstable with age. The purpose of the legislation was to protect members of the public from fire risks.

 

Finance


Finance (No 2) Act 1997

Section 48 Finance (No 2) Act 1997 introduced new rules for writing-off production and acquisition expenditure of British qualifying films costing £15 million or less to make. The relief applies to expenditure incurred between 2 July 1997 and 1 July 2000. Section 48 allows Section 48 Finance (No 2) Act 1997 introduced new rules for writing-off production and acquisition expenditure of British qualifying films costing £15 million or less to make. The relief applies to expenditure incurred between 2 July 1997 and 1 July 2000. Section 48 allows 100 per cent write-off for production or acquisition costs when the film is completed. for production or acquisition costs when the film is completed.

A British qualifying film is one certified as such by the Department of Culture Media and Sport under the Films Act 1985. In order to be certified a number of criteria must be met. These include the requirement for the maker of the film to be a UK/European Economic Area ('EEA') company and the requirement for a certain percentage of labour costs to be spent on UK/EEA nationals. The prohibition on using a foreign studio was relaxed in 1999.A British qualifying film is one certified as such by the Department of Culture Media and Sport under the Films Act 1985. In order to be certified a number of criteria must be met. These include the requirement for the maker of the film to be a UK/European Economic Area ('EEA') company and the requirement for a certain percentage of labour costs to be spent on UK/EEA nationals. The prohibition on using a foreign studio was relaxed in 1999.

The Inland Revenue made an announcement on 25 March 1998 that the Government intends to extend the time limit for relief under section 48 from 3 years to 5 years in a future Finance Bill. The relief will then apply to expenditure incurred between 2 July 1997 and 1 July 2002. The Film Review Group issued a report on 25 March 1998 which sets out an action plan for delivery by April 1999.The Inland Revenue made an announcement on 25 March 1998 that the Government intends to extend the time limit for relief under section 48 from 3 years to 5 years in a future Finance Bill. The relief will then apply to expenditure incurred between 2 July 1997 and 1 July 2002. The Film Review Group issued a report on 25 March 1998 which sets out an action plan for delivery by April 1999.

The Finance Act 1990, Capital Allowances Act 1990 and Finance (No 2) Act 1992

Section 80 and Schedule 12 to the Finance Act 1990 deals with the tax issues relating to the reorganisation of independent broadcasting provided for in the Broadcasting Act 1990.Section 80 and Schedule 12 to the Finance Act 1990 deals with the tax issues relating to the reorganisation of independent broadcasting provided for in the Broadcasting Act 1990.

Section 68 of the Capital Allowances Act 1990 replaces Section 72 of the Finance Act 1982 providing for certain expenditure in the production of a film, tape or disc to be treated as expenditure of a revenue nature.Section 68 of the Capital Allowances Act 1990 replaces Section 72 of the Finance Act 1982 providing for certain expenditure in the production of a film, tape or disc to be treated as expenditure of a revenue nature.

Sections 41-43 of the Finance (No 2) Act 1992 amend the tax regime to provide accelerated relief for pre-production costs incurred after 10 March 1992 and production expenditure on films completed after that date. Section 69 of the Act makes certain consequential amendments to Section 68 of the Capital Allowances Act 1990.Sections 41-43 of the Finance (No 2) Act 1992 amend the tax regime to provide accelerated relief for pre-production costs incurred after 10 March 1992 and production expenditure on films completed after that date. Section 69 of the Act makes certain consequential amendments to Section 68 of the Capital Allowances Act 1990.

Films Act 1985

The Films Act 1985 dissolved the British Film Fund Agency, ending the Eady levy system established in 1951. The Act also abolished the Cinematograph Film Council and dissolved the National Film Finance Corporation, transferring its assets to British Screen Finance Limited. The Act repealed the Films Acts 1960 - 1980 and also repealed certain provisions of the Finance Acts 1982 and 1984 and substituted new provisions for determining whether or not a film was 'British' film eligible for allowances. Under the Finance Acts 1997 (No 2), 1992 (No2) and 1990. These provisions have been further amended to relax the prohibition on using a foreign studio.The Films Act 1985 dissolved the British Film Fund Agency, ending the Eady levy system established in 1951. The Act also abolished the Cinematograph Film Council and dissolved the National Film Finance Corporation, transferring its assets to British Screen Finance Limited. The Act repealed the Films Acts 1960 - 1980 and also repealed certain provisions of the Finance Acts 1982 and 1984 and substituted new provisions for determining whether or not a film was 'British' film eligible for allowances. Under the Finance Acts 1997 (No 2), 1992 (No2) and 1990. These provisions have been further amended to relax the prohibition on using a foreign studio.

National Film Finance Corporation Act 1981

The National Film Finance Corporation Act 1981 repealed the Cinematograph Film Production (Special Loans) Acts of 1949 and 1954 and made provisions in relation to the National Film Finance Corporation which has since been dissolved by the Films Act 1985. The National Film Finance Corporation Act 1981 is, however, still on the statute book.The National Film Finance Corporation Act 1981 repealed the Cinematograph Film Production (Special Loans) Acts of 1949 and 1954 and made provisions in relation to the National Film Finance Corporation which has since been dissolved by the Films Act 1985. The National Film Finance Corporation Act 1981 is, however, still on the statute book.

Film Levy Finance Act 1981

Although the British Film Fund Agency was dissolved by the British Film Fund Agency (Dissolution) Order 1988, SI 1988/37, the Film Levy Act itself is still in place.Although the British Film Fund Agency was dissolved by the British Film Fund Agency (Dissolution) Order 1988, SI 1988/37, the Film Levy Act itself is still in place.

 

Copyright


Copyright, Designs and Patents Act 1988

This Act is the primary piece of legislation relating to copyright in the United Kingdom. The Act provides copyright protection for original literary, dramatic, musical and artistic works, for films, sound recordings, broadcasts and cable programmes, and for typographical arrangements of published editions.This Act is the primary piece of legislation relating to copyright in the United Kingdom. The Act provides copyright protection for original literary, dramatic, musical and artistic works, for films, sound recordings, broadcasts and cable programmes, and for typographical arrangements of published editions.

The Act repeals the Copyright Act 1956 which in turn repealed the Copyright Act 1911, but the transitional provisions of the Copyright, Designs and Patents Act 1988 apply certain provisions of the earlier legislation for the purpose of determining ownership of copyright, type of protection and certain other matters. Because the term of copyright for original literary, dramatic and/or musical works is the life of the author plus 50 years, the earlier legislation will continue to be relevant until well into the next century. The provisions of the Act have been amended by EU harmonisation provisions contained in Directive 93/98 extending the term of copyright protection in relation to literary, dramatic, musical and artistic works originating in countries within the European Economic Area or written by nationals of countries in the EEA, to the duration of the life of the author or last surviving co-author plus, 70 years calculated from 31 December in the relevant year of decrease.The Act repeals the Copyright Act 1956 which in turn repealed the Copyright Act 1911, but the transitional provisions of the Copyright, Designs and Patents Act 1988 apply certain provisions of the earlier legislation for the purpose of determining ownership of copyright, type of protection and certain other matters. Because the term of copyright for original literary, dramatic and/or musical works is the life of the author plus 50 years, the earlier legislation will continue to be relevant until well into the next century. The provisions of the Act have been amended by EU harmonisation provisions contained in Directive 93/98 extending the term of copyright protection in relation to literary, dramatic, musical and artistic works originating in countries within the European Economic Area or written by nationals of countries in the EEA, to the duration of the life of the author or last surviving co-author plus, 70 years calculated from 31 December in the relevant year of decrease.

The Act provides a period of copyright protection for films and sound recordings which expires 50 years from the end of the calendar year in which the film or sound recording is made, or if it is shown or played in public or broadcast or included in a cable programme service, 50 years from the end of the calendar year in which this occurred.The Act provides a period of copyright protection for films and sound recordings which expires 50 years from the end of the calendar year in which the film or sound recording is made, or if it is shown or played in public or broadcast or included in a cable programme service, 50 years from the end of the calendar year in which this occurred.

The provisions of the Act have been amended by EU harmonisation provisions contained in Directive 93/98 extending the term of copyright protection for films, to a period equal to the duration to the lifetime of the last to die of the persons responsible for the making of the film, plus 70 years calculated from 31 December in the relevant year of decrease.The provisions of the Act have been amended by EU harmonisation provisions contained in Directive 93/98 extending the term of copyright protection for films, to a period equal to the duration to the lifetime of the last to die of the persons responsible for the making of the film, plus 70 years calculated from 31 December in the relevant year of decrease.

The Act introduced three new moral rights into United Kingdom legislation. In addition to the right not to have a work falsely attributed to him or her, an author (of a literary dramatic musical or artistic work) or director (of a film) has the right to be identified in relation to their work, and the right not to permit their work to suffer derogatory treatment. A derogatory treatment is any addition, deletion, alteration or adaptation of a work which amounts to a distortion or mutilation of the work, or is otherwise prejudicial to the honour or reputation of the author or director. A person who commissions films or photographs for private and domestic purposes enjoys a new right of privacy established by the Act.The Act introduced three new moral rights into United Kingdom legislation. In addition to the right not to have a work falsely attributed to him or her, an author (of a literary dramatic musical or artistic work) or director (of a film) has the right to be identified in relation to their work, and the right not to permit their work to suffer derogatory treatment. A derogatory treatment is any addition, deletion, alteration or adaptation of a work which amounts to a distortion or mutilation of the work, or is otherwise prejudicial to the honour or reputation of the author or director. A person who commissions films or photographs for private and domestic purposes enjoys a new right of privacy established by the Act.

Another new development is the creation of a statutory civil right for performers, giving them the right not to have recordings of their performances used without their consent. United Kingdom copyright legislation was amended following a decision in Rickless -v- United Artists Corporation - a case which was brought by the estate of Peter Sellars and involved The Trail of the Pink Panther. The legislation is retrospective and protects performances given 50 years ago, not just in the United Kingdom, but in any country if the performers were 'qualifying persons' within the meaning of the relevant Act. The performances which are covered include not only dramatic and musical performances, but readings of literary works, variety programmes and even mime.Another new development is the creation of a statutory civil right for performers, giving them the right not to have recordings of their performances used without their consent. United Kingdom copyright legislation was amended following a decision in Rickless -v- United Artists Corporation - a case which was brought by the estate of Peter Sellars and involved The Trail of the Pink Panther. The legislation is retrospective and protects performances given 50 years ago, not just in the United Kingdom, but in any country if the performers were 'qualifying persons' within the meaning of the relevant Act. The performances which are covered include not only dramatic and musical performances, but readings of literary works, variety programmes and even mime.

Numerous other provisions are contained in the Copyright, Designs and Patents Act including sections which deal with the fraudulent reception of programmes, the manufacture and sale of devices designed to circumvent copy-protection, and patent and design law.Numerous other provisions are contained in the Copyright, Designs and Patents Act including sections which deal with the fraudulent reception of programmes, the manufacture and sale of devices designed to circumvent copy-protection, and patent and design law.

 

European Community Legislation


Directive 89/552 - on television without frontiers

The objective of the Directive is to eliminate the barriers which divide Europe with a view to permitting and assuring the transition from national programme markets to a common programme production and distribution market. It also aims to establish conditions of fair competition without prejudice to the public interest role which falls to be discharged by television broadcasting services in the EC.The objective of the Directive is to eliminate the barriers which divide Europe with a view to permitting and assuring the transition from national programme markets to a common programme production and distribution market. It also aims to establish conditions of fair competition without prejudice to the public interest role which falls to be discharged by television broadcasting services in the EC.

The laws of all Member States relating to television broadcasting and cable operations contain disparities which may impede the free movement of broadcasts within the EC and may distort competition. All such restrictions are required to be abolished. The laws of all Member States relating to television broadcasting and cable operations contain disparities which may impede the free movement of broadcasts within the EC and may distort competition. All such restrictions are required to be abolished.

Member States are free to specify detailed criteria relating to language etc. Additionally, Member States are permitted to lay down different conditions relating to the insertion of advertising in programmes within the limits set out in the Directive. Member States are required to provide where practicable that broadcasters reserve a proportion of their transmission time to European works created by independent producers. The amount of advertising is not to exceed 15 per cent of daily transmission time and the support advertising within a given one hour period shall not exceed 20 per cent.Member States are free to specify detailed criteria relating to language etc. Additionally, Member States are permitted to lay down different conditions relating to the insertion of advertising in programmes within the limits set out in the Directive. Member States are required to provide where practicable that broadcasters reserve a proportion of their transmission time to European works created by independent producers. The amount of advertising is not to exceed 15 per cent of daily transmission time and the support advertising within a given one hour period shall not exceed 20 per cent.

Directive 92/100 - on rental rights

Authors or performers have, pursuant to the Directive, an unwaiveable right to receive equitable remuneration. Member States are required to provide a right for performers in relation to the fixation of their performances, a right for phonogram and film producers in relation to their phonograms and first fixations of their films and a right for broadcasters in relation to the fixation of broadcasts and their broadcast and cable transmissions. Member States must also provide a 'reproduction right' giving performers, phonogram producers, film producers and broadcasting organisations the right to authorise or prohibit the direct or indirect reproduction of their copyright works. The Directive also requires Member States to provide for performers, film producers, phonogram producers and broadcasting organisations to have exclusive rights to make available their work by sale or otherwise - known as the 'distribution right'.Authors or performers have, pursuant to the Directive, an unwaiveable right to receive equitable remuneration. Member States are required to provide a right for performers in relation to the fixation of their performances, a right for phonogram and film producers in relation to their phonograms and first fixations of their films and a right for broadcasters in relation to the fixation of broadcasts and their broadcast and cable transmissions. Member States must also provide a 'reproduction right' giving performers, phonogram producers, film producers and broadcasting organisations the right to authorise or prohibit the direct or indirect reproduction of their copyright works. The Directive also requires Member States to provide for performers, film producers, phonogram producers and broadcasting organisations to have exclusive rights to make available their work by sale or otherwise - known as the 'distribution right'.

Directive 93/83 on Satellite Transmission and Cable

Retransmission

This Directive is aimed at eliminating uncertainty and differences in national legislation governing when the act of communication of a programme takes place. It avoids the cumulative application of several national laws to one single act of broadcasting.This Directive is aimed at eliminating uncertainty and differences in national legislation governing when the act of communication of a programme takes place. It avoids the cumulative application of several national laws to one single act of broadcasting.

The Directive provides that communication by satellite occurs in the member state where the programming signals are introduced under the control of a broadcaster into an uninterrupted chain of communication, leading to the satellite and down towards earth. The Directive also examines protection for authors, performers and producers of phonograms and broadcasting organisations, and requires that copyright owners may grant or refuse authorisation for cable retransmissions of a broadcast only through a collecting society.The Directive provides that communication by satellite occurs in the member state where the programming signals are introduced under the control of a broadcaster into an uninterrupted chain of communication, leading to the satellite and down towards earth. The Directive also examines protection for authors, performers and producers of phonograms and broadcasting organisations, and requires that copyright owners may grant or refuse authorisation for cable retransmissions of a broadcast only through a collecting society.

Directive 98/98 on harmonising the term of protection of copyright and certain related rights

This Directive is aimed at harmonising the periods of copyright throughout the European Union where different states provide different periods of protection. Although the minimum term established by the Berne Convention on Copyright is 50 years post mortem auctoris, a number of states have chosen to provide for longer periods. In Germany the period of literary dramatic musical and artistic works is 70 years pma, in Spain 60 years (or 80 years for copyrights protected under the Spanish law of 1879 until its reform in 1987). In France the period is 60 years pma or 70 years for musical compositions.This Directive is aimed at harmonising the periods of copyright throughout the European Union where different states provide different periods of protection. Although the minimum term established by the Berne Convention on Copyright is 50 years post mortem auctoris, a number of states have chosen to provide for longer periods. In Germany the period of literary dramatic musical and artistic works is 70 years pma, in Spain 60 years (or 80 years for copyrights protected under the Spanish law of 1879 until its reform in 1987). In France the period is 60 years pma or 70 years for musical compositions.

In addition to the differences in the term of rights post mortem auctoris, further discrepancies arise in protection accorded by different member states through wartime extensions. Belgium has provided a wartime extension of 10 years, Italy 12 years, France six and eight years respectively in relation to the First and Second World Wars. In France, a further period of 30 years is provided in the case of copyright works whose authors were killed in action - such as Antoine de Saint-Exupéry.In addition to the differences in the term of rights post mortem auctoris, further discrepancies arise in protection accorded by different member states through wartime extensions. Belgium has provided a wartime extension of 10 years, Italy 12 years, France six and eight years respectively in relation to the First and Second World Wars. In France, a further period of 30 years is provided in the case of copyright works whose authors were killed in action - such as Antoine de Saint-Exupéry.

The Directive also provides that rights of performers shall run from 50 years from the date of performance or if later, from the point at which the fixation of the performance is lawfully made available to the public for the first time, or if this has not occurred from the first assimilation of the performance. The rights of producers of phonograms run 50 years from first publication of the phonogram, but expire 50 years after the fixation was made if the phonogram, but expire 50 years after the fixation was made if the phonogram has not been published during that time. A similar provision applies to the rights of producers of the first fixations of cinematographic works and sequences of moving images, whether accompanied or not by sound. Rights of broadcasting organisations run from 50 years from the first transmission of the broadcast.The Directive also provides that rights of performers shall run from 50 years from the date of performance or if later, from the point at which the fixation of the performance is lawfully made available to the public for the first time, or if this has not occurred from the first assimilation of the performance. The rights of producers of phonograms run 50 years from first publication of the phonogram, but expire 50 years after the fixation was made if the phonogram, but expire 50 years after the fixation was made if the phonogram has not been published during that time. A similar provision applies to the rights of producers of the first fixations of cinematographic works and sequences of moving images, whether accompanied or not by sound. Rights of broadcasting organisations run from 50 years from the first transmission of the broadcast.

The Directive provides that the person who makes available to the public a previously unpublished work which is in the public domain, shall have the same rights of exploitation in relation to the work as would have fallen to the author for a term of 25 years from the time the work was first made available to the public. The Directive applies to all works which are protected by at least one member state on 1 July 1995 when the Directive came into effect. As a result of the differing terms in European states, many works which were treated as being in the 'public domain' in the United Kingdom will have their copyright revived. Works by Beatrix Potter, James Joyce and Rudyard Kipling are all works which will benefit from a revival of copyright. The provisions relating to the term of protection of cinematographic films are not required to be applied to films created before 1 July 1994. Each member state of the European Union's required to implement the Directive. The precise manner of implementation and the choice of transitional provisions, are matters which each state is free to determine.The Directive provides that the person who makes available to the public a previously unpublished work which is in the public domain, shall have the same rights of exploitation in relation to the work as would have fallen to the author for a term of 25 years from the time the work was first made available to the public. The Directive applies to all works which are protected by at least one member state on 1 July 1995 when the Directive came into effect. As a result of the differing terms in European states, many works which were treated as being in the 'public domain' in the United Kingdom will have their copyright revived. Works by Beatrix Potter, James Joyce and Rudyard Kipling are all works which will benefit from a revival of copyright. The provisions relating to the term of protection of cinematographic films are not required to be applied to films created before 1 July 1994. Each member state of the European Union's required to implement the Directive. The precise manner of implementation and the choice of transitional provisions, are matters which each state is free to determine.

Directive 93/98 was implemented in the United Kingdom by the Rights in Performances Regulations 1995/3297 which took effect from 1 January 1996. The term of copyright protection for literary dramatic musical or artistic works expires at the end of the period of 70 years from the last day of the calendar year in which the author dies. Copyright in a film expires 70 years from the end of the calendar year in which the death occurs of the last to die of the principal director, the author of the screenplay, the author of the dialogue or the composer of the music specially created for and used for the film. The period of copyright previously applying to films under the Copyright, Designs and Patents Act 1988 ended 50 years from the first showing or playing in public of a film, and the effect of the implementation of Directive 93/98 is to create a significant extension of the period in which a film copyright owner has the exclusive economic right to exploit a film. If, as anticipated, the United States of America also extends the duration of the copyright period applying to films, the value of intellectual property rights in audiovisual productions may increase significantly.Directive 93/98 was implemented in the United Kingdom by the Rights in Performances Regulations 1995/3297 which took effect from 1 January 1996. The term of copyright protection for literary dramatic musical or artistic works expires at the end of the period of 70 years from the last day of the calendar year in which the author dies. Copyright in a film expires 70 years from the end of the calendar year in which the death occurs of the last to die of the principal director, the author of the screenplay, the author of the dialogue or the composer of the music specially created for and used for the film. The period of copyright previously applying to films under the Copyright, Designs and Patents Act 1988 ended 50 years from the first showing or playing in public of a film, and the effect of the implementation of Directive 93/98 is to create a significant extension of the period in which a film copyright owner has the exclusive economic right to exploit a film. If, as anticipated, the United States of America also extends the duration of the copyright period applying to films, the value of intellectual property rights in audiovisual productions may increase significantly.

  

  

The Film Council


Film CouncilFilm Council
10 Little Portland Street10 Little Portland Street
LondonLondon
W1W 7JGW1W 7JG

Tel 020 7861 7861Tel 020 7861 7861
Fax 020 7861 7862Fax 020 7861 7862

info@filmcouncil.org.uk
www.filmcouncil.org.uk

ContactsContacts

Robert Jones - Premiere Production Fund premiere@filmcouncil.org.ukRobert Jones - Premiere Production Fund premiere@filmcouncil.org.uk

Paul Trijbits - New Cinema Fund Paul Trijbits - New Cinema Fund
newcine@filmcouncil.org.uknewcine@filmcouncil.org.uk

Jenny Borgars - Film Development Fund development@filmcouncil.org.uk Jenny Borgars - Film Development Fund development@filmcouncil.org.uk

  

  

Overview

Formed in April 2000, the Film Council is the strategic organisation responsible for encouraging both cultural and commercial film activities in the UK. Formed in April 2000, the Film Council is the strategic organisation responsible for encouraging both cultural and commercial film activities in the UK.

The long-term aim is to develop a sustainable UK film industry, with the centralised funding seen as a means of creating a business and industrial infrastructure able to fully support the UK's talent base.The long-term aim is to develop a sustainable UK film industry, with the centralised funding seen as a means of creating a business and industrial infrastructure able to fully support the UK's talent base.

The Film Council takes control of all direct government funding for film production from the Department for Culture, Media and Sport, and will absorb the funding activities of The Arts Council of England's Lottery Film Department, British Screen Finance, the BFI Production Department and the European Co-Production Fund. The emphasis is on well-targeted assistance in partnership with the private sector to produce popular and more profitable films. The three main funds established by the Film Council with a total annual budget of £20 million are the Development Fund, New Cinema Fund and Premiere Fund.The Film Council takes control of all direct government funding f
 
2003. augusztus 13. szerda, 20:47 6. | filmhu

Luxembourg
Grand Ducal Regulation of 16
th March 1999 implementing the Law of

13
th December 1988 establishing a temporary fiscal regime specific to
audio-visual investment certificates as amended

Article 1: Approval of applicant companies



Applications for approval shall be addressed in writing to the National Fund in Support

of Audio-Visual Productions, hereinafter referred to as "the Filmfund". The Filmfund's

Board of Directors, hereinafter referred to as "the Board", shall examine the request and

transmit the same to the members of the Government responsible for finance, the audiovisual

sector and culture, referred to hereinafter within the meaning of this Regulation as

"the competent ministers", who shall decide upon approval for a renewable term of two

years.

Companies applying to benefit under the Law of 13
th December 1988 establishing a
temporary fiscal regime specific to audio-visual investment certificates, as amended,

referred to in this Regulation as "the Law", must, in order to be approved, have stable

and long-term administrative structures, as well as an accounting organisation and

internal control procedures which are suitable for proper execution of the duties which

granting of benefit under the said regime shall entail for such companies.

The shareholders or associates, as well as the members of the management bodies of the

applicant companies, must prove their moral integrity and worthiness. The same shall

apply with regard to the executive directors of such companies, who must moreover

prove their professional qualification notwithstanding the provisions of other applicable

laws and sets of regulations.

The application for approval may however be subject to the requirement of renewal at

any time and prior to any modification to the object of the company, the capital,

corporate name, legal form, shareholding or executive management of the approved

company, as well as in the event that the management of the company shall determine

serious and corroborating facts likely to compromise continuity of the undertaking.

Approval may be withdrawn at any time by a decision, containing an indication of

reasons, by the competent ministers, upon prior notice from the Filmfund, if the

conditions for granting thereof are no longer fulfilled, or if no use is made of the approval

for an uninterrupted period of twelve months, or if the approved company shall default


-----------------------------------------------------------------------------------------------------
2
in a serious manner on its legal, regulatory or, where applicable, contractual obligations.

The Filmfund is authorised to request from the approved companies all documents and

information enabling it to verify whether the conditions for granting of approval are still

fulfilled. Withdrawal of approval shall entail ipso jure forfeiture of benefit under the

regime of the Law with regard to audio-visual productions in progress or future such

productions of the censured company.

Article 2: Decision on eligibility for the regime established by the

Law


Approved companies applying for benefit under the regime established by the Law shall

forward a written application to the Filmfund at least six weeks before the

commencement of the audio-visual production forming the subject of the application.

Any intentional omission or false indication in the application, the information or

supporting documentation shall entail rejection of the application without prejudice to

sanctions under common law.

The Board shall examine the application on the basis of the eligibility conditions of

works provided in Article 4 of the Law and shall transmit the same to the competent

ministers who shall give their decision by the end of the second month following the

month of receipt of the said application, provided that the application, the information

and the supporting documentation pertaining thereto shall be complete, and they shall

issue to the applicant company a decision on eligibility of the audio-visual work, which

shall be the subject of an agreement to be concluded between the Filmfund and the

beneficiary / beneficiaries.

Article 3: Determination of the calculation basis for eligible expenses



With regard to the calculation of the basis for eligible expenses within the meaning of the

Law and this Regulation, only the payable expenses of the applicant company shall be

taken into account, which expenses shall be shown in the accounts of the company as

real costs, indicated in terms of the nature of the cost and activity for which it is

incurred, and in respect of which allocation to the production of the audio-visual work

forming the subject of the application and actual payment on the basis of such

production shall be duly evidenced by the applicant company by any method

recognised under accounting and fiscal laws.

This principle shall also apply to "affiliated companies" within the meaning of the Law

of 17
th June 1992 relating to annual and consolidated accounts of credit institutions
established under Luxembourg law and in particular Article 109 thereof, of which


-----------------------------------------------------------------------------------------------------
3
companies the applicant shall, where applicable, use the goods or services for the

requirements of the production forming the subject of the application.

Personnel costs are eligible only if they are borne and paid in the Grand Duchy of

Luxembourg or contribute to the training of those working in the audio-visual industry

residing in the Grand Duchy of Luxembourg and if the applicant company shall prove that

it has fulfilled in this regard all the obligations of the applicable legislation governing

working conditions, taxation and social security with regard to the workers concerned, on

the basis of their personal status and their place of residence in particular.

In order to be eligible, the costs of hiring services or goods used for the requirements of the

production in question, whether in the Grand Duchy of Luxembourg or outside the

territory, must have been borne and paid to a natural or legal person residing and taxable in

the Grand Duchy of Luxembourg and engaged in regular commercial activity and moreover

having a specific long-term exploitation structure, having regularly hired natural persons

providing the services in question and/or having permanently received and entered in their

accounts ownership of the goods which are hired by the approved company applying to

benefit under the regime established by the Law.

The costs of hiring goods paid to natural or legal persons residing in the Grand Duchy of

Luxembourg, who or which have not themselves acquired ownership but themselves have

hired the same from non-resident third parties, shall be considered as eligible costs only

within the meaning of the Law if the goods in question are "heavy equipment" for image

or sound recording or machinery or electronic equipment which is essential for execution

of the production in question in the territory but not available in the ordinary market in

the Grand Duchy of Luxembourg and with regard to which acquisition of full ownership

by a resident production company or a resident hire company cannot reasonably be

required having regard to the scale of the intrinsic value of such equipment and the minimal

possibilities of re-use or profitability thereof.

Article 4: Categories of expense


A production or post-production budget within the meaning of the Law shall be divided

into four (4) sections:


-----------------------------------------------------------------------------------------------------
4
Above-the-line:

This section consists of the key items of a production or of post-production, i.e. all the

rights (musical, archive, script and others), fees of producers, directors, authors and stars,

as well as development costs.

The above-the-line expenses of a production or post-production budget are taken into

account only on the basis of 30% of the total production or post-production budget.

The budgetary item "producer fees" must state all the fixed or variable benefits received

by all of the persons assuming functions as producer. The maximum amount of

certificates to be issued for this budgetary item is fixed at 10% of the eligible below-theline

expenses.

Below-the-line:

This section of the budget consists of all the technical costs of a production or of postproduction.

It comprises secondary roles, personnel, technical facilities, logistics costs,

costs of finance and insurance, as well as all the other costs of production apart from the

general expenses and contingent expenses of the production company.

Contingent expenses:

Within the meaning of the Law, contingent expenses are understood to be any increases

which the items included in the below-the-line expenses may undergo further to a

circumstance which could not have been foreseen at the time the budget was drawn up.

This category of expenses may not exceed 10% of the eligible below-the-line expenses.

General expenses:

General expenses within the meaning of this Law shall be understood as the costs relating

to the permanent administrative structure of the production company. They shall

represent all the costs which the production company shall incur which are not directly

occasioned or attributable to the creation of a specific audio-visual work.

The maximum amount of certificates to be issued for this budgetary item is fixed at 7.5%

of the eligible below-the-line expenses.

-----------------------------------------------------------------------------------------------------
5
Article 5: Terms of issue of audio-visual investment certificates


When the audio-visual work forming the subject of the application has been completed,

i.e. from the time of printing of a first standard copy of the work, the approved company

or companies applying for benefit under the regime established by the Law shall pass to

the Filmfund a file containing a copy of the audio-visual work produced, on a medium to

be specified by the Filmfund, as well as all documents evidencing the costs of production

as permanently incurred and spent in the Grand Duchy of Luxembourg, and entered in the

accounts in analytical form by the applicant company in relation to the production of the

audio-visual work forming the subject of the application.

The Filmfund is authorised to request from applicant companies all documents and

information which shall be pertinent to assessment of the financing and execution of the

production of the audio-visual work forming the subject of the application. Such request

for disclosure and verification may in particular relate to the accounts and the contracts

concluded by the applicant company in relation to the production in question.

Applications filed more than six months after the work is completed shall no longer be

eligible for benefit under the law unless an express dispensation is granted by the

competent ministers upon a request duly accompanied by reasons.

Further to inspection of the file, the Filmfund shall decide upon the amount of the

production costs which are eligible for the granting of audio-visual investment certificates,

determined in accordance with the provisions of Article 5 of the Law and Articles 3 and 4

of this Grand Ducal Regulation, by issuing a written notice, with reasons, for the attention

of the competent ministers, who shall determine the amount thereof and decide upon

allocation of certificates.

Following receipt of the allocation decision on the part of the competent ministers, the

applicant companies shall forward to them, via the Filmfund, an application for issue of

the certificates, stating for each main beneficiary and for each substitute beneficiary the

amount of the certificate(s) requested, with an indication of the corporate name, the form

and the registered office of each beneficiary. The main beneficiary and the substitute

beneficiaries shall co-sign the aforementioned application and shall undertake to

communicate without delay to the Filmfund the corporate name, form and registered

office of any endorsees of their certificates.

Article 6: Special obligations



-----------------------------------------------------------------------------------------------------
6
The titles and promotional material for the audio-visual work produced by a company

having benefited from the regime established by the Law must contain, on all reproduction

media and at the time of any public communication, a reference to the obtaining of benefit

under this regime, in accordance with wording and terms to be defined by the Filmfund,

without any cost to the latter.

During the course of the first quarter of each year, any company having applied for and

obtained benefit under the regime established by the Law shall be required to submit to the

Filmfund a detailed statement of receipts for the previous year on the basis of exploitation

of the audio-visual works for the production of which it has received audio-visual

investment certificates.
 
2003. augusztus 13. szerda, 20:40 5. | filmhu

LUXEMBURG
Law of 13
th December 1988 establishing a temporary fiscal regime specific
to audio-visual investment certificates as amended

Article 1:
The regime and its purpose

A specific temporary fiscal regime is established on the basis of audio-visual investment

certificates, hereinafter called the «regime», intended to promote risk capital investments in

the production of audio-visual works to be performed in the Grand Duchy of Luxembourg.

Article 2:
The beneficiaries


The Government may, for the financial years 1999 to 2008, issue audio-visual investment

certificates to approved capital companies, resident and fully taxable, which have audio-visual

production as their main corporate object and which actually produce audio-visual works

under the conditions determined in Article 4 of this Law.

On prior notice to the public body, the «National Fund in Support of Audio-Visual

Production» created by the Law of 11
th April 1990, as later amended, hereinafter called the
«Filmfund», the approvals of these production companies, of which the terms and conditions

are fixed by Grand Ducal Regulation, shall be delivered by the member(s) of Government

whose field of responsibility is finance, the audio-visual sector and culture. Within the

meaning of this Law, these ministers are called «competent ministers», proceeding by joint

decision.

Production companies which wish to benefit from the regime of audio-visual investment

certificates shall to this end send an application to the Filmfund referred to above. The Board

of Directors of the Filmfund shall examine the application and submit it to the competent

ministers, who shall decide on the eligibility of the project. The terms of this procedure shall

be defined by Grand Ducal Regulation.

Article 3:
Audio-visual investment certificates

Audio-visual investment certificates are issued by the competent ministers proceeding by joint

decision, on the prior notice of the Filmfund.

The terms for the issue of audio-visual investment certificates shall be determined by Grand

Ducal Regulation.

Audio-visual investment certificates shall be issued only for works completed following the

application filed.

The amount of audio-visual investment certificates may not be more than the total financial

contributions which are made by the applicant company, and which appear in the final finance

plan for the audio-visual work for which application is made to benefit from the regime created

by this Law.

Audio-visual investment certificates are nominal and may be endorsed on one occasion only.

They may not be sub-divided.

The application for the granting of audio-visual investment certificates is to be made by the

applicant company, which shall specify the maximum amount for which application is made

for the certificate(s) on its (their) behalf and/or, if such should be the case, one or more

substitute beneficiaries.

The main beneficiary, substitute beneficiaries and endorsees of audio-visual investment

certificates may only be legal persons incorporated in the form of capital companies.

Article 4:
Conditions of eligibility of works

1. Audio-visual works likely to benefit from the regime of audio-visual investment

certificates must fulfil the following criteria:

- contribute to the development of the audio-visual production sector in the Grand Duchy

of Luxembourg, taking into account a reasonable balance between the advantages given and

the economic, cultural and social consequences in the long term of the production of these

works;

- be conceived to be produced principally on the territory of the Grand Duchy of

Luxembourg;

- be produced or co-produced by the production company, notably through the effective

and long-term holding of a significant portion of the rights;

- offer reasonable prospects of return on investment.

1. Automatically excluded from benefiting from the regime established by this Law are:

- works which are pornographic, incite violence or racial hatred, condone crimes against

humanity and, in general, infringe public order and good morals;

- works intended or used for advertising purposes;

- news programmes, current affairs programmes or sports broadcasts.

Article 5:
Determination of certificate amounts

The amount of the audio-visual investment certificates to be issued shall be fixed in accordance

with the eligibility criteria defined in Article 4 above, as well as within the limit of the stated

production costs and expenses associated therewith incurred in the Grand Duchy of

Luxembourg.

By production costs, within the meaning of the Law, are meant charges payable by the

applicant company, appearing in its accounts, considered as adequate for the needs of

production of audio-visual works in the Grand Duchy of Luxembourg and conforming with the

objectives of this Law. Taking into account the requirement of a reasonable balance between

the advantages given and the economic, cultural and social consequences as defined in Article 4

above, the amount of the certificates to be issued may cover only a certain proportion of the

stated production costs and expenses associated therewith incurred in the Grand Duchy of

Luxembourg.

To this end, a Grand Ducal Regulation shall specify the basis for calculation of the expenses

which are eligible and may fix lump sums or limits for taking into account certain categories of

expenses.

Article 6:
Fiscal effect

Taxpayers holding an audio-visual investment certificate at the end of the tax year shall on

application obtain a reduction in their taxable income qualifying for reduction for audio-visual

investment.

The reduction shall be limited to thirty per cent of the taxable income of the taxpaying

beneficiary. It shall be entered in the accounts for the tax year specified by the audio-visual

investment certificate.

Article 7:
Administration of the regime

The National Filmfund in Support of Audio-Visual Production is charged with the

administration, supervision and control of the regime.

Article 8:
Delivery of audio-visual material


In the interests of promotion of the audio-visual production sector in the Grand Duchy of

Luxembourg, and notwithstanding the provisions of Article 2(1) of the Law of

18
th May l989 creating the National Audio-Visual Centre, the main beneficiaries of audiovisual
investment certificates shall be obliged to deliver to the Filmfund, and without any cost

being incurred by it, a copy of the audio-visual work produced which has benefited from the

regime established by this Law, as well as a copy of any available promotional material and an

extract of at least thirty (30) seconds of that work, free of charge, all in a format to be defined

by the Filmfund.

Article 9:
Appeal

Administrative decisions taken in applying this Law shall be subject to appeal before the

Administrative Court.
 
2003. augusztus 13. szerda, 20:20 4. | filmhu

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.09.2001

COM(2001) 534 final

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL, THE

EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND

THE COMMITTEE OF THE REGIONS

ON CERTAIN LEGAL ASPECTS

RELATING TO CINEMATOGRAPHIC

AND OTHER AUDIOVISUAL WORKS

2

TABLE OF CONTENTS

1. Introduction....................................... 3

2. The general orientation of the Commission with regard to State Aids to cinema

sector. ............................................ 5

3. Protection of heritage and exploitation of audiovisual works..... 10

4. E-cinema ............. 14

5. Tax issues ............... 16

6. Rating............................ 17

7. Other measures to improve the circulation of films............. 18

8. Questions to be considered in the review of the television without frontiers

directive.......................... 19

9. Next steps ............................... 22

3

1. INTRODUCTION
INTRODUCTION


Audiovisual works, and cinema in particular, play an important role in shaping European

identities, both in common aspects shared across Europe and in the cultural diversity that

characterises our different traditions and histories. They are an essential element for the

good functioning of our democracies because of their widespread influence on society.

They are also at the heart of the transformations resulting from the development of the

Information Society: new technological developments offer new opportunities for

promoting culture and heritage conservation, and to increase mutual understanding across

Europe. But the multiplication of distribution channels available for distribution of

audiovisual goods does not automatically lead to an increase in the creation of quality

content.

The principles of the Community audiovisual policy have been expressed in the

Commission’s communication of December 1999
1 and remain fully valid today. The
primary purpose of regulation in the audiovisual sector is to safeguard certain public

interest objectives such as pluralism, cultural and linguistic diversity and the protection

of minors. At a European level, the necessary balance must be kept to guarantee

subsidiarity in an area where major competences are at the national or regional level,

while ensuring that European companies can fully benefit from the European dimension.

The key European instruments specifically developed in this area, the Television without

Frontier Directive, for regulatory aspects, and the Media Plus programme for support

mechanisms, have as their main objective to allow European companies in this sector to

benefit fully from the European Single Market.

Audiovisual works have unique characteristics because of their double nature: They are

economic goods, offering important opportunities for the creation of wealth and

employment. In 1999, the European audiovisual market
2 was estimated at 58.3 billion

(+ 8.7% vs. 1998) . They are also cultural goods which at the same time mirror and shape

our societies. This is the reason why the development of this sector has never been left

solely to market forces.

The advent of new technologies has not affected the renaissance of the cinema in Europe;

such new technologies have been shown to offer additional income for media operators

rather than substituting existing media. Total cinema admissions in Europe rose from 662

million in 1995 to 844 million in 2000 (+27%)
3. This increase would appear to be due at

least in part to the growth in the number of cinema screens in Europe, in particular

multiplexes (+22% in 1999 vs. 1995)
3 as well as improved facilities at cinemas. Recent

figures
4 show that TV viewing in Europe has increased in most Member States in the
past year.


1
Principles and Guidelines for the Community’s Audiovisual Policy in the digital age. 14.12.1999,
COM(1999)657 final.


2
European Audiovisual Observatory. Includes: television, cinema, video (cassettes and DVD), but
not games.

3
European Audiovisual Observatory

4
European Audiovisual Observatory: the average for television viewing in Europe varies between

144 minutes per day in Austria and 239 minutes per day in Italy. The trend is positive in almost all

Member States.

4

Amongst audiovisual works, cinematographic works have a particular prominence,

because of their cost of production and cultural importance: budgets for the productions

of cinema films are substantially higher than for other audiovisual content, they are more

frequently the subject of international coproductions, and the duration of their

exploitation life is longer, with the potential to use all distribution channels, cinemas,

DVDs and videocassettes (both selling and rental), Internet downloading, and television

(pay-per-view, pay-per-channel, free-to-air). Cinematographic works face strong

competition from outside Europe
5. There is little circulation of European works outside

their country of origin, although there appears to be an upward trend: according to certain

estimations, European non-national films reached over 10%
6 of total attendance in 1999

from less than 8% in 1996.

Because of the particularity of cinema, the Commission had indicated in its

Communication on Audiovisual policy in 1999, that there was a need to examine in more

detail a number of issues to clarify the legal framework of the cinema sector, including

the application of State aid policy in that area. The objective of this review was to

determine which measures could be taken in order to improve the circulation of these

works in Europe.

In accordance with the principles of the White Paper on Governance
7, the Commission

services organised a public consultation on the basis of a Staff Working Document
8 in

order to give all interested parties the opportunity to make their views known before the

adoption of this Communication by the Commission. A hearing attended by around 250

interested parties was held on 15 June. This not only provided an opportunity for the

Commission to identify the central issues in respect of the issues raised in the Staff

Working Document, but also allowed the interested parties to hear and respond to each

other's views.

49 written comments
9 were received from Member States, national regulatory and selfregulatory
authorities, authors artists, film and television producers and directors, cinema

operators, video and DVD publishers/distributors, television broadcasters, industry

associations, consumer representatives and trade unions.

This Communication sets out the Commission's policy orientations and proposals

building upon the consultation exercise. It sets out the principles to be applied for the

application of State aid rules to the cinema sector, and identifies the next steps to be

taken and the areas where further reflection is needed in order to create a favourable

environment for the production and distribution of audiovisual works.


5
European Audiovisual Observatory: the market share of American cinema films in Europe in 2000
was above 73%.


6
European Audiovisual Observatory; LUMIERE database; data are inclusive of international
EU/extra EU co-productions

7
25.7.2001, COM (2001) 428
8
11.4.2001, SEC (2001) 619.

9
Representing More than 95% of the production industry, film directors, cinema exhibitors,
rightsholders, broadcasters, unions representing workers in the audiovisual sectors, video and

DVD associations, film institutes and Member States. See list of comments and full text of those

sent electronically without a request for confidentiality at

http://europa.eu.int/comm/avpolicy/regul/cine1_en.htm

5

2. THE GENERAL ORIENTATION OF THE COMMISSION WITH REGARD TO STATE

A
IDS TO CINEMA SECTOR.


Cinema and TV programmes are two of the most universal media of entertainment, with

a powerful impact on a great number of people internationally. The current stage of

development and the special characteristics of audiovisual production within the EC,

mean that it is difficult for producers to obtain a sufficient level of upfront commercial

backing to put together a financial package so that production projects can proceed. In

these circumstances, the fostering of audiovisual production by the Member States plays

a key role to ensure that their indigenous culture and creative capacity can be expressed,

thereby reflecting the diversity and richness of European culture.

The Maastricht Treaty gave Community-level recognition to the utmost importance of

promoting culture for the European Union and its Member States by incorporating

Culture amongst the Community’s policies specifically referred to in the EC Treaty (see

Article 151 EC) At the same time, it included in Article 87 (3) d) EC a new specific

possibility of exception to the general incompatibility principle of Article 87 (1) EC for

aid granted by the Member States to promote culture.

Member States implement a wide range of support measures for the audiovisual

production of films and TV programmes. This support focuses on the creation and

production phases of filmmaking and generally takes the form of subsidies or repayable

advances. The rationale behind these measures is based on both cultural and industrial

considerations. They have the primary cultural aim of ensuring that the national and

regional cultures and creative potential are expressed in the audiovisual media of film

and television. On the other hand, they aim to generate the critical mass of activity that is

required to create the dynamic for the development and consolidation of the industry

through the creation of soundly based production undertakings and the development of a

permanent pool of human skills and experience.

This Communication does not cover the application of Articles 81 and 82 of the EC

Treaty (anti-competitive practices by companies) to the audiovisual sector
HE GENERAL ORIENTATION OF THE COMMISSION WITH REGARD TO STATE

A
IDS TO CINEMA SECTOR.


Cinema and TV programmes are two of the most universal media of entertainment, with

a powerful impact on a great number of people internationally. The current stage of

development and the special characteristics of audiovisual production within the EC,

mean that it is difficult for producers to obtain a sufficient level of upfront commercial

backing to put together a financial package so that production projects can proceed. In

these circumstances, the fostering of audiovisual production by the Member States plays

a key role to ensure that their indigenous culture and creative capacity can be expressed,

thereby reflecting the diversity and richness of European culture.

The Maastricht Treaty gave Community-level recognition to the utmost importance of

promoting culture for the European Union and its Member States by incorporating

Culture amongst the Community’s policies specifically referred to in the EC Treaty (see

Article 151 EC) At the same time, it included in Article 87 (3) d) EC a new specific

possibility of exception to the general incompatibility principle of Article 87 (1) EC for

aid granted by the Member States to promote culture.

Member States implement a wide range of support measures for the audiovisual

production of films and TV programmes. This support focuses on the creation and

production phases of filmmaking and generally takes the form of subsidies or repayable

advances. The rationale behind these measures is based on both cultural and industrial

considerations. They have the primary cultural aim of ensuring that the national and

regional cultures and creative potential are expressed in the audiovisual media of film

and television. On the other hand, they aim to generate the critical mass of activity that is

required to create the dynamic for the development and consolidation of the industry

through the creation of soundly based production undertakings and the development of a

permanent pool of human skills and experience.

This Communication does not cover the application of Articles 81 and 82 of the EC

Treaty (anti-competitive practices by companies) to the audiovisual sector
10.
2.1. Compatibility with the EC Treaty of schemes of aid to cinema and TV

production

The basic rules on State aid under the EC Treaty are as follows: Article 88 (3) of the EC

Treaty provides that Member States are obliged to inform the Commission of any plans

to grant or alter aid before putting it into effect. Article 87 (1) EC prohibits aid granted

by the State or through State resources, which distorts or threatens to distort competition

and trade between Member States. However, the Commission may exempt certain State

aid from this prohibition. In particular, Article 87 (3) EC lists certain aid types that in

view of their effects the Commission may authorise. One of these exemptions is Article

87 (3) d) EC for aid to promote culture, where such aid does not affect competition and

trading conditions to an extent contrary to the common interest.


10
For example practices such as blockbookings or the bundling of rights, which could be
incompatible with the EC Treaty.

6

2.2. Enforcement of the EC Treaty rules on State aid to cinema and TV

production

In 1997 the Commission received a complaint about exclusionary effects created by the

French cinema production aid scheme. This was confirmed by the Commission’s

assessment. The anti-competitive effects were the result of provisions making the aid

conditional on the realisation of certain filmmaking activities in the Member State (socalled

“territorialisation”).

The French authorities, at the Commission’s request, modified a series of incompatible

provisions of their cinema production aid scheme and on 3 June 1998 the Commission

authorised their scheme. In its decision (N3/98), the Commission set out four specific

compatibility criteria (see 2.3b below) to authorise aid to cinema and TV production in

accordance with the “culture derogation” contained in Article 87(3)(d) of the EC Treaty.

The Commission also undertook to review the schemes in other Member States under the

criteria adopted in the French decision.

The Commission launched an inquiry requesting information from all Member Sates

about their aid schemes for the audiovisual sector. The inquiry showed that the majority

of the schemes had not been notified to the Commission for prior authorisation.

2.3. Assessment of aid schemes to cinema and TV production

When it assesses aid schemes to cinema and TV production, the Commission must verify

- First, whether the aid scheme respects the “general legality” principle, i. e. the

Commission must verify that the scheme does not contain clauses that would be contrary

to provisions of the EC Treaty in fields other than State aid (including its fiscal

provisions);

- Secondly, whether the scheme fulfils the specific compatibility criteria for aid, set out

by the Commission in its 1998 decision on the French automatic aid scheme.
11
The second condition is specific to cinema and TV production aid schemes, whereas the

other is a routine test applied to all aid schemes irrespective of the sector.

a) Respect of the general legality criterion

The Commission must verify that the eligibility conditions of the State aid schemes do

not contain clauses contrary to the EC Treaty provisions in fields other than State aids.

The Commission must ensure, inter alia, that the EC Treaty principles prohibiting

discrimination on the grounds of nationality, freedom of establishment, free movement of

goods and freedom to provide services have been respected (Articles 12, 28, 30, 39, 43,

48 and 49 EC). The Commission enforces these principles in conjunction with the

application of competition rules when the provisions in breach of these principles are not

detachable from the operation of the scheme.


11
The question whether fiscal relief to producers can be qualified as aid is assessed under the
principles contained in the 1998 Commission Communication on the application of State aid rules

to measures relating to direct business taxation, OJ C 384 of 12.12.1998.

7

In compliance with the above principles, aid schemes must not: e.g. reserve the aid for

nationals exclusively; require beneficiaries to have the status of national undertaking

established under national commercial law (undertakings established in one Member

State and operating in another by means of a permanent branch or agency must be

eligible for aid; furthermore the agency requirement should only be enforceable upon

payment of the aid); require workers of foreign companies providing filmmaking services

to comply with national labour standards.

Certain schemes of aid to cinema and TV production are financed by parafiscal charges.

According to the Commission’s decision making policy and the Court of Justice’s

jurisprudence, when such schemes benefit solely national producers or do so to a higher

extent than to competitors in other Member States, in order to be compatible with the

Treaty, imported products may not be levied and national production may not enjoy a

lower rate of taxation when exported.

When the Commission applies the State aid rules to assess the compatibility of aid

schemes under the review, it addresses at the same time the problems identified by the

Code of Conduct Group on Direct Business Taxation (the so-called Primarolo Group) set

up by the Council.
12
b) The specific compatibility criteria for State aid to cinema and TV

programme production
The specific criteria on which basis the Commission currently assesses State aid to

cinema and TV programme production under the culture derogation of Article 87 (3) d)

EC were established in its decision of June 1998 on the French automatic aid scheme to

film production. These specific criteria are as follows:

(1) The aid is directed to a cultural product. Each Member State must ensure that the

content of the aided production is cultural according to verifiable national criteria

(in compliance with the application of the subsidiarity principle).

(2) The producer must be free to spend at least 20% of the film budget in other

Member States without suffering any reduction in the aid provided for under the

scheme. In other words, the Commission accepted as an eligibility criteria

territorialisation in terms of expenditure of up to 80% of the production budget of

an aided film or TV work.

(3) Aid intensity must in principle be limited to 50% of the production budget with a

view to stimulating normal commercial initiatives inherent in a market economy

and avoiding a bidding contest between Member States. Difficult and low budget

films are excluded from this limit. The Commission considers that, under the

subsidiarity principle, it is up to each Member State to establish a definition of

difficult and low budget film according to national parameters.

(4) Aid supplements for specific filmmaking activities (e.g. post-production) are not

allowed in order to ensure that the aid has a neutral incentive effect and


The specific criteria on which basis the Commission currently assesses State aid toThe specific criteria on which basis the Commission currently assesses State aid to

cinema and TV programme production under the culture derogation of Article 87 (3) d)cinema and TV programme production under the culture derogation of Article 87 (3) d)

EC were established in its decision of June 1998 on the French automatic aid scheme toEC were established in its decision of June 1998 on the French automatic aid scheme to

film production. These specific criteria are as follows:film production. These specific criteria are as follows:

(1) The aid is directed to a cultural product. Each Member State must ensure that the(1) The aid is directed to a cultural product. Each Member State must ensure that the

content of the aided production is cultural according to verifiable national criteriacontent of the aided production is cultural according to verifiable national criteria

(in compliance with the application of the subsidiarity principle).(in compliance with the application of the subsidiarity principle).

(2) The producer must be free to spend at least 20% of the film budget in other(2) The producer must be free to spend at least 20% of the film budget in other

Member States without suffering any reduction in the aid provided for under theMember States without suffering any reduction in the aid provided for under the

scheme. In other words, the Commission accepted as an eligibility criteriascheme. In other words, the Commission accepted as an eligibility criteria

territorialisation in terms of expenditure of up to 80% of the production budget ofterritorialisation in terms of expenditure of up to 80% of the production budget of

an aided film or TV work.an aided film or TV work.

(3) Aid intensity must in principle be limited to 50% of the production budget with a(3) Aid intensity must in principle be limited to 50% of the production budget with a

view to stimulating normal commercial initiatives inherent in a market economyview to stimulating normal commercial initiatives inherent in a market economy

and avoiding a bidding contest between Member States. Difficult and low budgetand avoiding a bidding contest between Member States. Difficult and low budget

films are excluded from this limit. The Commission considers that, under thefilms are excluded from this limit. The Commission considers that, under the

subsidiarity principle, it is up to each Member State to establish a definition ofsubsidiarity principle, it is up to each Member State to establish a definition of

difficult and low budget film according to national parameters.difficult and low budget film according to national parameters.

(4) Aid supplements for specific filmmaking activities (e.g. post-production) are not(4) Aid supplements for specific filmmaking activities (e.g. post-production) are not

allowed in order to ensure that the aid has a neutral incentive effect andallowed in order to ensure that the aid has a neutral incentive effect and



12
This group compiled an inventory of harmful measures that includes a certain number of State aid
schemes for cinema and TV production
.

8

consequently that the protection/attraction of those specific activities in/to the

Member State granting the aid is avoided.

Several considerations arise in respect of the above-mentioned criteria:

The Commission considers that aid should be towards the overall budget of a specific

film-making project and the producer should be free to choose the items of the budget

that will be spent in other Member States. Aid schemes shaped on this basis are deemed

to support the creation of an audiovisual product and not to assist the development of an

industrial activity. Consequently, this aid is to be assessed under the culture derogation of

Article 87(3)(d) EC rather than the industrial derogation of Article 87(3)(c).

Undertakings in the film and TV programme production sector may also benefit from

other aid types granted under national horizontal aid schemes authorised by the

Commission under the Article 87(3)(a) & (c) EC exemptions (e.g. regional aid, aid for

SMEs, R+D aid, training aid, employment aid).

The Commission accepted that Member States may require a certain part of the film

production budget to be spent on their territory as an eligibility criterion for aid. This is

based on the reasoning that a certain degree of territorialisation of the expenditure may

be necessary to ensure the continued presence of the human skills and technical expertise

required for cultural creation.
13 This should be limited to the minimum degree required to
promote cultural objectives.

Furthermore, given the particular characteristics of film production, the Commission

considers that the overall budget of an audiovisual production is the disbursement at risk

necessary for its creation and, consequently, admits that the reference for aid calculation

is that overall budget, regardless of the nature of the individual expenditure items of

which it is formed. The earmarking of aid to specific individual items of a film budget

could turn such aid into a national preference to the sectors providing the specific aided

items, which might be incompatible.

Funds provided directly from EC programmes like MEDIA Plus are not State resources.

Therefore, their assistance does not count for the purposes of respecting the 50% aid

ceiling. Furthermore, this assistance promotes the distribution of national films abroad

and, consequently, its effects do not add up to those of national schemes focussing on

national production and distribution.

Legal obligations imposed by Member States upon TV broadcasters to invest in

audiovisual production do not constitute State aid, where these investments provide a

reasonable compensation to broadcasters. The extent to which these legal obligations

may be considered State aid as such has to be considered in view of the development of

the EC Court of Justice jurisprudence after its judgement of 13.3.2001 in Case C-379/98

(PreussenElektra).

In the Commission's view, the above criteria strike a balance between the aims of

cultural creation, the development of the EC audiovisual production and the respect

of the EC rules on State aid.


13
See reply to Written Question 3173-00 of Mr. Veltroni, OJ C 163 E 6.6.2001, page 50

9

2.4. Review of schemes

Following its 1998 decision on the French scheme of automatic aid to film production,

the Commission has reviewed the schemes in place in other Member States under the

above mentioned assessment criteria. The Commission has already reviewed and

approved the schemes of a series of Member States
14. The Commission is at present
completing discussions with the remaining Member States to bring their schemes in line

with EC law. The Commission intends to complete the review by the end of 2001. The

completion of the review will provide legal certainty to the sector.

The review has revealed the following key features of national State aid schemes:

- There is a great diversity of aid schemes within EC both in terms of aid type and scope;

- Many of the schemes contained provisions contrary to the general legality principle;

- Very few Member States impose territoriality requirements in order to qualify for aid;

- Only exceptionally, Member States grant State aid levels higher than 50% of the film

costs;

- The exceptions to this latter finding normally fall under the "difficult and low budget

film" category.

2.5. Future Developments

The specific compatibility criteria for aid to cinema and TV programme production, set

out above, will remain valid until June 2004, the time limit set in the decisions adopted

so far. Under the review, the other Member States’ schemes will be authorised until the

same deadline.

The Commission does not intend to alter these criteria unless they prove unable to

prevent undue distortion of competition within the EC. The Commission will examine

further in the light of the Review the maximum level of admissible territorialisation.

Territoriality requirements fragment the Internal Market for the provision of goods and

services for audiovisual production and hinder their development. Possible distortion of

competition created by aid to cinema and TV programme production would originate

more from territorialisation requirements rather than from the level of aid itself.

Territoriality requirements exceeding what may be judged acceptable under the necessity

and proportionality criteria go beyond the strict limits of cultural promotion and aim

basically at industrial objectives. Therefore, the Commission, in its decision on the

French aid scheme considered that the Member States should be encouraged to reduce

national preferences for an important part of the costs as to the place of expenditure.

In view of the comparatively limited geographic extension of certain languages and

cultures, and given the limited circulation of those cultural products within the EC and

world markets, the Commission could accept aid intensities higher than 50% where

proven to be necessary in cases other than for difficult and low budget films for these

Member States.

The Commission intends to continue the multilateral dialogue with the Member

States to discuss relevant issues connected with State support to cinema and TV

production. This dialogue started in the conference organised by the French


14
France, The Netherlands, Germany (and certain German Länder), Ireland, and Sweden: see
http://europa.eu.int/comm/competition/state_aid/decisions/

10

National Cinema Centrein Paris in October 2000 that brought together expert

officials of the Commission and representatives from the relevant Ministries and

Film Institutes in the EU. The dialogue was pursued in a second conference

organised by the Swedish Film Institute in Stockholm in June 2001.

3. PROTECTION OF HERITAGE AND EXPLOITATION OF AUDIOVISUAL WORKS
ROTECTION OF HERITAGE AND EXPLOITATION OF AUDIOVISUAL WORKS


A number of issues relating to protection of heritage, transparency, and effective

exploitation of rights have been raised
15: the legal deposit of audiovisual works, the

creation of a European register (or the linking of national registers) and other possible

forms and use of databases with a commercial aim. These issues could have important

consequences for the circulation of audiovisual works within Europe, and for the

preservation of Europe’s audiovisual heritage.

3.1. The legal deposit of audiovisual works

Different work has been done in various fora on this issue. The Council adopted a

Resolution on conservation and enhancement of European cinema heritage in May

2000
16, in which it called on the Commission to take account of the specific needs of this

particular form of cultural legacy, and to support and encourage a transnational study to

be carried out by the Member States on the situation facing European cinema archives.

From the contributions both at the public hearing and in writing, it is clear that there is

consensus on the need to preserve and to safeguard Europe’s audiovisual heritage.

Opinions diverged as to the best way of achieving this aim, and as to whether regulatory

intervention at a European level was required or in fact desirable.

At pan-European level initiatives have been taken by professional organisations
17, and by
the Council of Europe, whose draft European Convention for the protection of the

Audiovisual Heritage should be adopted shortly. This Convention will provide for a

compulsory legal deposit of “moving image material forming part of its audiovisual

heritage and having been produced or co-produced in the territory of the Party

concerned”.

Opinions were divided as to whether the European Union should adhere to this

instrument and/or encourage the Member States to do so. A number of commentators

considered that the Convention offered a reasonable compromise for action is this area,

making Community action unnecessary, or alternatively felt that it constituted a good

starting point for a Community initiative. Others favoured a Community initiative,

stating that this was still necessary despite the Convention and could provide an added

value in terms of the protection of heritage and the promotion of cultural diversity. It was

suggested that any Community approach should focus on best practice, although certain

15
In particular in the Commission Staff Working document – 11.4.2001, SEC (2001) 428.
16
2261 Council Meeting (16 May 2000) Press 154 – Nr 8394/00

17
There are proposals from the European Federation of Film Directors (FERA) and the International

Federation of cinema producers associations (FIAPF) (which has proposed a “voluntary” deposit

for cinematographic works based on a model contract that they have drawn up - General

regulations concerning trust deposit of motion picture prints with film archives (1971))

11

commentators felt that self-regulation or co-regulation did not function adequately and

could lead to disparities as regards the preservation of audiovisual works.

There were conflicting views as to whether such a system should be compulsory or

voluntary. A number of commentators supported obligatory legal deposit as a minimum

measure. Others considered that such a requirement should not entail any additional costs

for the producer and should therefore be publicly financed. The requirement should only

apply to new works (older works should be the subject of voluntary deposit). Many

commentators favoured a voluntary scheme with details established at Member State

level and limited to national works, which could be linked to incentives.

Commentators drew a distinction between cinematographic and other works.

Broadcasters considered that it would be inappropriate to make television productions

part of any mandatory deposit scheme. They added that if regulatory intervention for the

preservation of television productions was to be regarded as necessary, it should be on a

voluntary basis, and linked to significant financial support mechanisms. Others favoured

the inclusion of all audiovisual works, whilst a third group favoured focusing initially on

cinematographic works, which could later be extended to other categories.

In terms of conservation, the cinematheques stressed the need for the works deposited to

be of high quality (either the original copy or one of similar quality), as well as the need

to create a database of the different material supports for audiovisual works.

The Commission notes that there is widespread support of the need to preserve

audiovisual works in view of the objectives of protection of heritage and the

promotion of cultural diversity. The results of the consultation show that there is a

need for action to preserve our audiovisual heritage. This appears to be particularly

important in respect of cinematographic works. However, there was a lack of

consensus as to the type of measures that would be appropriate.

Thus, before putting forward a possible proposal the Commission intends to carry

out a stocktaking exercise in respect of the current situation within the Member

States. This will be carried out by means of an inquiry addressed to the national

authorities later on this year. This exercise will evaluate the role played by

legislative and other measures and to further analyse the conditions that should

apply. Furthermore, the Commission intends to encourage co-operation between

the interested parties in this area together with the spread of ‘best practice’. It notes

the consensus between the parties concerned that there should not be a single

European archive. Deposit should rather be organised at the national or regional

level, with appropriate transparency as to the location of works. It also intends to

examine further the issue of creating a database of the different material supports

for audiovisual works as suggested during the consultation.

3.2. The creation of a registration scheme

Differing opinions exist as to the value of a registration scheme for films and other

audiovisual works. At the moment, only a minority of Member States has put in place

such a register. An initiative to create an international register in the context of the World

Intellectual Property Organisation (WIPO) only met with limited success.

12

A European initiative in this domain might encourage transparency and thereby help

protect rights holders and facilitate the circulation of European productions. This could

be particularly important in view of the complexity of the industry. Such a scheme should

not impact on questions relating to different rules on authorship or on the use of rights in

line with copyright rules, but could aim to provide certain information relating to the

audiovisual works registered.

Although a number of the commentators considered the scheme unnecessary and costly,

the majority supported it. There was support for creation of a national public register of

films in every Member State, if certain criteria were established. This was seen by some

as being an essential element of any policy to promote circulation of audiovisual works.

Some went further and saw the absence of such a register (or registers) as a hindrance to

exploitation of works.

There were differing opinions on the most appropriate type of action. Some were in

favour of the creation of a system of mutual recognition based on individual registers in

each Member State. Others felt there was a need to assess market needs before deciding

on appropriate action. A number of commentators were in favour of networking national

registers at a European level. This was seen as having the advantage of transparency

facilitating identification, although others considered that this could be quite cumbersome

as a mechanism and that it would be difficult to set up such a scheme.

There was widespread agreement as to the advantages of clear identification and the

importance of metadata
18. Public service broadcasters stated that Europe would benefit if

there were well-known and well-designed systems for metadata with respect to

production, delivery, classification, protection and archiving of media works. In respect

of the standards they considered it important to encourage the development of a more

widely distributed media registration number network, in order to ensure interoperability

between media registration numbers and to reduce registration fees for the European

programme maker. Certain operators supported the use of the ISAN
19 standard or another
standard established by industry, whereas others were against the use of this particular

standard, whilst nonetheless in favour of standardised metadata systems.

Some commentators suggested that it should hold details of all the contracts relating to

the production and exploitation of films produced in the country, in particular the identity

of the various parties, ownership and exercise of copyright, the exploitation terms in the

contract, the duration of the licence and its exclusive or non-exclusive character.

Commentators considered that financing should be provided at a European level or

alternatively by a combination of private and public funding. Other commentators

expressed concern either about the costs of such a scheme, or the possible disadvantages

if the information was not accurate or up to date.

The Commission notes that there is considerable support for the creation of public

registers of films in Member States based on the argument that such a registration

scheme would improve the circulation of films by assuring that the information

needed is readily available, although a number of issues remain to be clarified. The


18
Digital information about an audiovisual work intended to help the production and distribution
process (also referred to as Digital Asset Management – DAM).


19
Developed by the International Standards Organisation (ISO). The current version is known as

IVID (International Version Identifier) or V-ISAN.

13

Commission therefore intends to carry out a stocktaking exercise in respect of the

current situation within the Member States. This will be carried out by means of an

inquiry addressed to the national authorities later on this year. It will aim to

evaluate the role played by legislative and other measures and to further analyse the

conditions that should apply.

3.3. Right-holders database

The possibility of creating a new database enabling the identification of “rights” or

“licensing” agreements across the European Union was put forward. There was

disagreement as to whether information on rights and licensing agreements was difficult

to obtain. The availability of this information could have a positive effect on the

circulation of films. It should be noted that the Commission is analysing the issue of

management of rights, as a follow-up to its 1995 Green Paper on Copyright and Related

Rights in the Information Society
20..
Opinions were divided as to whether there was a lack of transparency regarding this

information. The majority stated that sufficient transparency is ensured by producers and

collecting societies. It was suggested that there was work to be done in the standardised

codification of rights in order that rights may be consistently represented and relevant

information exchanged in a legally reliable way. A potential benefit of such a database

could be to help producers and distributors to find partners in other European countries.

A large number of commentators asserted that such a database would not seem necessary

to improve the circulation of audiovisual works: the view was expressed that such a

database might be very slow, costly, cumbersome and unable to keep pace with constant,

very rapid changes in property. This would not correspond to the flexibility needed for

the efficient exploitation of audiovisual works. Consequences of any mistaken or

obsolete information could be considerable. The formalities might be unmanageable and

the delays in registering valid rights and the related contracts could be a hindrance to

freedom of movement in a very brisk market. There might even be a danger that

defrauders could obtain validation for misappropriated rights to the detriment of the

entitled parties. Concern was also expressed that the creation of such a database could

interfere with the internationally well established rule (cf. Article 5(2) Berne Convention)

that the enjoyment and the exercise of copyright and neighbouring rights must not be

subject to any formalities. Others maintained that major differences in the relevant

contract law for copyright seriously affect the competitiveness of audiovisual producers

of one country as compared to such producers in another country and that such a database

could play an important role in the circulation of audiovisual works by ensuring that it

was possible to obtain information about audiovisual works in other countries. The

database could facilitate identification of rights holders but negotiations should still take

place on a contractual basis.

The Commission has taken note of the views expressed in the consultation and in

particular the lack of support for the creation of a rights holders data base. It will

continue to examine the issue of management of rights, which it is analysing as a

follow-up to its 1995 Green Paper on Copyright and Related Rights in the


20
COM(95)382 final

14

Information Society, with a view to evaluating the possible impact of the existing

differences in national law on the Internal Market.”

3.4. The exploitation of rights

Copyright and neighbouring legislation vest rights in authors, performers, phonogram

producers, broadcasters and other rightsholders to authorise or prohibit certain acts of

exploitation of their works or other subject matter. In general, users acquire rights by

direct individual contracts with the rightsholders concerned or their representatives.

The issue of the exploitation of rights has been raised by broadcasters who assert they

have problems in exploiting some of their productions stored in their archives, which

they would like to show again especially in the new online environment. They claim it to

be virtually impossible to identify and to trace and negotiate with all individual

programme contributors or their heirs, particularly in the case of old productions. They

assert that these difficulties prevent them from exploiting their archives today. Public

service broadcasters therefore asked for legislative action to facilitate their situation. .

The cinematheques also stated that they were unable to use a number of works and that

the public therefore lost access to its own audiovisual heritage.

Producers and certain private broadcasters on the other hand, felt that the matter had been

settled in the context of the new Copyright Directive
21 and should not be re-opened in
this context.

A number of commentators considered that the creation of the databases and registers

referred to above could facilitate identification. It was also suggested that the matter

should be considered in the review of the Television without frontiers (TVWF) Directive.

However, it should be noted that this directive does not covercopyright and related rights

issues.

The Commission supports co-operation between all parties in order to solve specific

difficulties, which may exist in certain situations. This co-operation should in the

first place aim to set up an inventory of works for which problems relating to the

identification of rightsholders could exist.

4. E-CINEMA
CINEMA


The issue of e-cinema has been raised because of the new pan-European distribution

possibilities that are being created by digital technologies. These technologies can also

enable the development of local multi-purpose centres in less densely populated areas
22.
The term e-cinema is used to signify electronic delivery to a cinema screen. The term dcinema

has also been used by the industry, signifying that the final image is either the

result of an end-to-end digital chain or the digital projection of material originated on

film and transferred to digital medium. The impact on the cost/benefit analysis for film

distributors and cinema owners was also raised.


21
Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the
harmonisation of certain aspects of copyright and related rights in the information society – O.J. L

167, 22/06/2001.


22
For example the Swedish Folket Hus

15

There was widespread support from commentators for an industry-led approach to the

standardisation of e-cinema. Intervention by national authorities or the European Union

was not felt to be necessary. A number of contributions referred to the European Digital

Film Forum, recently established in Stockholm, at the initiative of the Swedish

Presidency, as the appropriate body to take forward actions, and called for support of its

objectives and projects.

There were calls for the Commission to support the development of e-cinema through the

MEDIA Plus programme and to open its “Multiannual Framework Programme 2002-

2006 for research, technological development and demonstration activities aimed at

contributing towards the creation of the European Research Area" (The Sixth framework

Programme) to the European industries committed to developing a high standard for

electronic cinema distribution.

The pilot projects under the MEDIA programme are the way in which Council Decisions

2000/821/EC and 163/2001/EC ensure that the MEDIA Plus
23 and the MEDIA

Training
24 Programmes respond to rapid technological change. This reflects an
expectation that the use of digital technologies will make European audiovisual works

more readily accessible as a result of new ways of transporting audiovisual content and

thus more widely available outside their country of origin. Competitiveness in a

globalisation context will increasingly depend on the use of new technologies in the

development, production and distribution stages.

However, the MEDIA Programmes address themselves to the audiovisual industry and

not to the research community. The Commission will ensure suitable and effective coordination

with the measures undertaken in the field of new technologies and in

particular, inter alia, with the Sixth Framework Programme, focusing on the needs and

potential of SMEs operating on the Audiovisual market.

The Commission’s overall objective is to strengthen, through the development and use of

new technologies, the European content industry, by improving the chances of such

content entering into production, by encouraging its transnational distribution and by

improving the potential of professionals through appropriate continuous vocational

training. The target should be to develop globally-recognised, open standardised ecinema

systems, through an industry-led process. This could include the following

elements: to develop suitable algorithms for the compression of film quality digital

content to be exhibited; to develop technologies capable of projecting such content; to

develop methods of protecting the use of content through encryption; to develop methods

which will allow the billing of content consumed over a network; to develop methods for

the digitisation, enhancement, restoration and conservation of content.

The Commission considers that e-cinema offers important new opportunities for

increasing the circulation of European audiovisual works. It considers that the

priority in this respect is the delivery to cinema, i.e. business to business, although

there may possibly be a consumer phase at a later date. The Commission welcomes

the establishment of the European Digital Cinema Forum. It supports the objectives

of this forum to establish European user requirements for all parts of the

23
O.J. L 13 of 17.01.2001

24
O.J. L 26 of 27.01.2001
16

digital/electronic chain, and to facilitate the development of world-wide standards

for e -cinema in a timely manner.

5. TAX ISSUES
AX ISSUES


Certain questions arise concerning the differences that exist between various types of

cultural “goods” within the Member States and the effect of fiscal measures in force in

the Member States on the production and circulation of audiovisual works. It was

considered that national fiscal incentives could be an important factor in the development

of co-productions, as well as the harmonisation of tax practices to avoid double liability.

Producers and directors felt that the Commission should ask all Member States to

facilitate the creation of specialised, national or European, banks or venture capital funds

with private finances, and to encourage Member States that don’t have them to introduce

fiscal measures to encourage audiovisual investment. A number of commentators

referred to fiscal measures (in particular “tax shelters”) that were being used to finance

non-European production. Cinema exhibitors considered that the Commission should

encourage Member States to lower indirect taxes on cinema seats to the same level as

those imposed for other cultural products.

There was widespread agreement from the different players concerned that reduced rates

of VAT or a zero rate should apply to audiovisual cultural products and services.

Accordingly, a number of commentators suggested that Annex H of the 6
th VAT

Directive
25 should be expanded to cover either certain parts of the sector (video and online

services) or the entire sector. Certain national authorities however questioned the

need for European action although others considered that this subject should be discussed

at a European level.

The procedure laid down by the Directive is for the review to be carried out on the basis

of a report from the Commission. On the basis of this report, the Council shall review the

scope of the reduced rates every two years. The Council, acting unanimously on a

proposal from the Commission, may decide to alter the list of goods and services in

Annex H. The Commission laid down its policy for VAT in the Communication of 7

June 2000
26. In this Communication, the Commission stated that it would look at the

harmonisation of rates and assess the impact of their structure on the functioning of the

single market. Guidelines will be established on the basis of this analysis once the

evaluation of the current pilot project for labour-intensive services
27 (for which a reduced
rate may be applied until December 2002) has been completed. Particular attention will

be paid to the use of reduced VAT rates in the context of the Community’s priorities in

this sector.

The Commission notes the views expressed about taxation for cultural goods and

services, and in particular the request to enable those Member States who wish to


25
Directive 77/388/EEC of 17.05.1977 as last amended by directive 2001/41/EC of 19.01.01. Annex
H includes a number of items of cultural interest such as books and newspapers (including their

loan), and entrance fees for cultural and other events (cinema, theatre, fairs, museums etc.) and the

reception of broadcasting services.


26
A strategy to improve the operation of the VAT system within the context of the Internal Market
 
2003. augusztus 13. szerda, 20:08 3. | filmhu



BG-Bulgarian National Film Centre BG-Bulgarian National Film Centre
( BG-Bulgarian National Film Centre ) ( BG-Bulgarian National Film Centre )


-----------------------------------------------------------------------------------------

Production supportProduction support


----------------------------------------------------------------------------------------
Created Ceased Created Ceased
1991-06-06 - 1991-06-06 -
Objectives: Objectives:
Financial support for Bulgarian co-productions.Financial support for Bulgarian co-productions.
  



  

NATURE OF THE FUNDING PROGRAMME NATURE OF THE FUNDING PROGRAMME


Type of Production: Stage of Intervention: Form in which Funding is Provided: Type of Production: Stage of Intervention: Form in which Funding is Provided:
AnimationAnimation
DocumentaryDocumentary
Feature FilmFeature Film
 Production Repayable advances  Production Repayable advances

ELIGIBILITY AND SELECTION CRITERIA ELIGIBILITY AND SELECTION CRITERIA


Conditions: Conditions:
REGULATIONSREGULATIONS
(Art. 47): A project provided with international financing amounting to no less than 25% of the budget, may be allotted state subsidies at the rate of 80% of the Bulgarian share of the budget.Art. 48. A project, meeting the requirements for a Bulgarian film, which has been provided with international financing, may be allotted state subsidies under the following terms: 1. a signed contract for an international coproduction;(Art. 47): A project provided with international financing amounting to no less than 25% of the budget, may be allotted state subsidies at the rate of 80% of the Bulgarian share of the budget.Art. 48. A project, meeting the requirements for a Bulgarian film, which has been provided with international financing, may be allotted state subsidies under the following terms: 1. a signed contract for an international coproduction;
2. the project to be provided with a decision in writing on being financed by: Eurimages Fund with the EU, Media program of EU, a national institution from a member state of Eurimages or Media or a country, having a bilateral agreement on cultural cooperation, a TV channel of national range or by specialized world funds supporting film projects; 3. costs on Bulgaria's territory during the implementation of the project to be no less than 30% of the direct production costs within the budget of the film; 4.at least 50% of the production in kind terms, including the laboratory processing of the picture, to be implemented in Bulgaria; 5. the producer to have met the commitments under contracts with the National Film Center.2. the project to be provided with a decision in writing on being financed by: Eurimages Fund with the EU, Media program of EU, a national institution from a member state of Eurimages or Media or a country, having a bilateral agreement on cultural cooperation, a TV channel of national range or by specialized world funds supporting film projects; 3. costs on Bulgaria's territory during the implementation of the project to be no less than 30% of the direct production costs within the budget of the film; 4.at least 50% of the production in kind terms, including the laboratory processing of the picture, to be implemented in Bulgaria; 5. the producer to have met the commitments under contracts with the National Film Center.
Art. 49: A project provided with international financing but not meeting the requirements for a Bulgarian film may be allotted state subsidies from the National Film Center, in compliance with art. 13, par. 2, sec. 4 of the Regulations under the following terms: 1. a signed contract for an international coproduction; 2. the project to be provided with a decision in writing on being financed by: Eurimages Fund with the EU, Media program of EU and/or by foreign national institutions; 3. costs on Bulgaria's territory to exceed the state subsidy applied for at least three-fold; 4. the state subsidy must be spent only on the territory of the Republic of Bulgaria; 5. the financial means from the film's budget which are to be spent on the territory of the Republic of Bulgaria should be accounted for by the Bulgarian producer; 6. the producer to have met the commitments under contracts with the National Film Centre.Art. 49: A project provided with international financing but not meeting the requirements for a Bulgarian film may be allotted state subsidies from the National Film Center, in compliance with art. 13, par. 2, sec. 4 of the Regulations under the following terms: 1. a signed contract for an international coproduction; 2. the project to be provided with a decision in writing on being financed by: Eurimages Fund with the EU, Media program of EU and/or by foreign national institutions; 3. costs on Bulgaria's territory to exceed the state subsidy applied for at least three-fold; 4. the state subsidy must be spent only on the territory of the Republic of Bulgaria; 5. the financial means from the film's budget which are to be spent on the territory of the Republic of Bulgaria should be accounted for by the Bulgarian producer; 6. the producer to have met the commitments under contracts with the National Film Centre.

Who can apply?: Maximum Proportion of Public Funding: Who can apply?: Maximum Proportion of Public Funding:
(Co-)Producer, production companies(Co-)Producer, production companies
 80%  80%
Amounts granted for individual projects/films Min EURAmounts granted for individual projects/films Min EUR
Max EUR  Max EUR 

DEADLINES AND APPLICATIONS DEADLINES AND APPLICATIONS


Elements to be Produced upon Application (indicative)(2) : Elements to be Produced upon Application (indicative)(2) :
PERSONNEL/COMPANY INFORMATION: Detailed presentation of the production company PERSONNEL/COMPANY INFORMATION: Detailed presentation of the production company
PERSONNEL/COMPANY INFORMATION: Directors track record and CV PERSONNEL/COMPANY INFORMATION: Directors track record and CV
PERSONNEL/COMPANY INFORMATION: Producer s track record and CV PERSONNEL/COMPANY INFORMATION: Producer s track record and CV
PERSONNEL/COMPANY INFORMATION: Writer s CV PERSONNEL/COMPANY INFORMATION: Writer s CV
PROJECT INFORMATION: Script PROJECT INFORMATION: Script
PROJECT INFORMATION: Synopsis PROJECT INFORMATION: Synopsis
PROJECT INFORMATION: Treatment PROJECT INFORMATION: Treatment
FINANCIAL/MARKETING INFORMATION: Budget FINANCIAL/MARKETING INFORMATION: Budget
FINANCIAL/MARKETING INFORMATION: Budget presented on special form FINANCIAL/MARKETING INFORMATION: Budget presented on special form
FINANCIAL/MARKETING INFORMATION: Details regarding funding from other public sou FINANCIAL/MARKETING INFORMATION: Details regarding funding from other public sou
FINANCIAL/MARKETING INFORMATION: Preliminary finance plan FINANCIAL/MARKETING INFORMATION: Preliminary finance plan
FINANCIAL/MARKETING INFORMATION:Cash-flow schedule FINANCIAL/MARKETING INFORMATION:Cash-flow schedule
PRODUCTION INFORMATION: Letter explaining the reasons for shooting in the region PRODUCTION INFORMATION: Letter explaining the reasons for shooting in the region
LEGAL/CONTRACTUAL INFORMATION: Co-production agreements LEGAL/CONTRACTUAL INFORMATION: Co-production agreements
LEGAL/CONTRACTUAL INFORMATION: Confirmed cast and director LEGAL/CONTRACTUAL INFORMATION: Confirmed cast and director
LEGAL/CONTRACTUAL INFORMATION: Contracts with other financiers LEGAL/CONTRACTUAL INFORMATION: Contracts with other financiers
Upcoming Deadlines (indicative)(1): General Information/Contact: Upcoming Deadlines (indicative)(1): General Information/Contact:
Open.  Bulgarian National Film CentreOpen.  Bulgarian National Film Centre
2A Kniaz Dondukow Boulevard2A Kniaz Dondukow Boulevard
BG-1000 SofiaBG-1000 Sofia
Tel: 359-2 988 3831Tel: 359-2 988 3831
Fax: 359-2 987 36 26Fax: 359-2 987 36 26


nfc@mail.bol.bg
  

  

(1) The application deadlines listed here are based on information supplied by the relevant funding sources and are provided on a purely indicative basis. Potential applicants should, as a matter of course, contact the relevant funding body(ies) in order to verify application deadlines. The European Audiovisual Observatory cannot accept responsibility for any errors or omissions in the dates published.(1) The application deadlines listed here are based on information supplied by the relevant funding sources and are provided on a purely indicative basis. Potential applicants should, as a matter of course, contact the relevant funding body(ies) in order to verify application deadlines. The European Audiovisual Observatory cannot accept responsibility for any errors or omissions in the dates published.
(2) The list given here is not exhaustive and includes only those items or documents whose preparation involves a significant lead-time. Potential applicants should, as a matter of course, contact the relevant funding body(ies) in order to obtain official application forms and complete information on application requirements. The European Audiovisual Observatory cannot accept responsibility for any errors and omissions in the application information provided. (2) The list given here is not exhaustive and includes only those items or documents whose preparation involves a significant lead-time. Potential applicants should, as a matter of course, contact the relevant funding body(ies) in order to obtain official application forms and complete information on application requirements. The European Audiovisual Observatory cannot accept responsibility for any errors and omissions in the application information provided.

----------------------------------------------------------------------------------------

©  European Audiovisual Observatory©  European Audiovisual Observatory
The KORDA database provides a compilation of available information on public funding for film and audiovisual production and distribution in Europe.The KORDA database provides a compilation of available information on public funding for film and audiovisual production and distribution in Europe.
The database is the result of collaboration between the European Audiovisual Observatory and the funding bodies concerned, as well as with various specialised national sources. The database is the result of collaboration between the European Audiovisual Observatory and the funding bodies concerned, as well as with various specialised national sources.

------------------------------------------------------------------------------------------
GENERAL INFORMATION - FUNDING GENERAL INFORMATION - FUNDING
Created Ceased Created Ceased
1991-06-06 - 1991-06-06 -

Bulgarian National Film CentreBulgarian National Film Centre
2A Kniaz Dondukow Boulevard2A Kniaz Dondukow Boulevard
BG-1000 SofiaBG-1000 Sofia
Tel: 359-2 988 3831Tel: 359-2 988 3831
Fax: 359-2 987 36 26Fax: 359-2 987 36 26



nfc@mail.bol.bg
Status: Status:
MinistryMinistry
 Objectives:  Objectives:
CULTURAL: Democratisation of cultureCULTURAL: Democratisation of culture
CULTURAL: Establish/maintain dialogue with sector professionals and trade organisationsCULTURAL: Establish/maintain dialogue with sector professionals and trade organisations
CULTURAL: Cultural and linguistic diversityCULTURAL: Cultural and linguistic diversity
CULTURAL: Foster the availability of varied and creative talents in the domain of production, distribution and exhibition of film and television worksCULTURAL: Foster the availability of varied and creative talents in the domain of production, distribution and exhibition of film and television works
CULTURAL: Support for experimental worksCULTURAL: Support for experimental works
CULTURAL: Assert cultural identityCULTURAL: Assert cultural identity
CULTURAL: Freedom of expression and creationCULTURAL: Freedom of expression and creation
CULTURAL: Foster new talentsCULTURAL: Foster new talents
ECONOMIC: Development of regional AV industry and economic activityECONOMIC: Development of regional AV industry and economic activity
ECONOMIC: Enhance competitivity of the audiovisual sectorECONOMIC: Enhance competitivity of the audiovisual sector
ECONOMIC: Encourage co-production and cross-border collaborationECONOMIC: Encourage co-production and cross-border collaboration
ECONOMIC: Support qualitative and quantitative development of both the commercial and cultural film industryECONOMIC: Support qualitative and quantitative development of both the commercial and cultural film industry
ECONOMIC: Facilite exports and inward investment ECONOMIC: Facilite exports and inward investment
ECONOMIC: Develop the audience for film. ECONOMIC: Develop the audience for film.
ECONOMIC: Provide incentives for private investmentECONOMIC: Provide incentives for private investment
ECONOMIC: Develop a sustainable film industry ECONOMIC: Develop a sustainable film industry
ECONOMIC: Facilitate participation in co-productions by local producersECONOMIC: Facilitate participation in co-productions by local producers
ECONOMIC: Foster the development of SME'sECONOMIC: Foster the development of SME's
ECONOMIC: Support, encourage, promote and market film in the country or region by encouraging film-makers to produce in the geographical area and to work with regional film commissions and other similar organisations ECONOMIC: Support, encourage, promote and market film in the country or region by encouraging film-makers to produce in the geographical area and to work with regional film commissions and other similar organisations
ECONOMIC: Reinforce the economic weight of film companies and of the associated infrastructureECONOMIC: Reinforce the economic weight of film companies and of the associated infrastructure
ECONOMIC: Improve the economic structure of the film and audiovisual industryECONOMIC: Improve the economic structure of the film and audiovisual industry
ECONOMIC: Increase sales and circulation of audiovisual worksECONOMIC: Increase sales and circulation of audiovisual works
ECONOMIC/CULTURAL: Act as a central body for the national or regional film industry by monitoring performance, providing strategic guidance and representing industry interests ECONOMIC/CULTURAL: Act as a central body for the national or regional film industry by monitoring performance, providing strategic guidance and representing industry interests

  
Mission Statement Mission Statement
The Bulgarian National Film Centre is a State institution that operates under the auspices of the Ministry of Culture and has as its aim to distribute and administer state subsidies for film production. Twice per year three committees of experts select projects to be supported by the BNFC. The committees are for feature, documentaries and animation films. Each time there are differnet experts on the committee. BNFC supports only projects submitted by producers registered in Bulgaria. According to the Statute of Regulations of BNFC it can support a project which has not been selected by the committees only if it has been financed by an European fund, institution or respective film center. Such project may be supported with available resources. The Center has a public register of distributors and issues licenses for distribution and theatrical release of films. It represents the country in international organisations in the audiovisual area such as Eurimages and The European Audiovisual Observatory. The Film Center promotes Bulgarian cinema internationally through the International Department, which handles festival matters and presentation of Bulgarian Film weeks abroad. It organises seminars and workshops aimed at providing training, information and support for professionals. The Film Center also aims to raise public awareness of the cultural, social and economic benefits of a vibrant filmmaking industry in Bulgaria. Since 1 January 2001 The NFC has held the producers' rights for all Bulgarian films made from 1915 till 1993.The Bulgarian National Film Centre is a State institution that operates under the auspices of the Ministry of Culture and has as its aim to distribute and administer state subsidies for film production. Twice per year three committees of experts select projects to be supported by the BNFC. The committees are for feature, documentaries and animation films. Each time there are differnet experts on the committee. BNFC supports only projects submitted by producers registered in Bulgaria. According to the Statute of Regulations of BNFC it can support a project which has not been selected by the committees only if it has been financed by an European fund, institution or respective film center. Such project may be supported with available resources. The Center has a public register of distributors and issues licenses for distribution and theatrical release of films. It represents the country in international organisations in the audiovisual area such as Eurimages and The European Audiovisual Observatory. The Film Center promotes Bulgarian cinema internationally through the International Department, which handles festival matters and presentation of Bulgarian Film weeks abroad. It organises seminars and workshops aimed at providing training, information and support for professionals. The Film Center also aims to raise public awareness of the cultural, social and economic benefits of a vibrant filmmaking industry in Bulgaria. Since 1 January 2001 The NFC has held the producers' rights for all Bulgarian films made from 1915 till 1993.
  
BUDGET AND ORIGIN OF FUNDING BUDGET AND ORIGIN OF FUNDING
 Total Budget Contribution  Total Budget Contribution
2001 705 661 EUR Ministry of Culture of Bulgaria (BG), State2001 705 661 EUR Ministry of Culture of Bulgaria (BG), State
705 661 EUR (1 361 925 BGL) 705 661 EUR (1 361 925 BGL)
  
2000 783 397 EUR Ministry of Culture of Bulgaria (BG), State2000 783 397 EUR Ministry of Culture of Bulgaria (BG), State
783 397 EUR (1 527 624 BGL) 783 397 EUR (1 527 624 BGL)
  
1999 528 316 EUR Ministry of Culture of Bulgaria (BG), State1999 528 316 EUR Ministry of Culture of Bulgaria (BG), State
528 316 EUR (1 035 500 BGL) 528 316 EUR (1 035 500 BGL)
  
1998 8 333 333 EUR Ministry of Culture of Bulgaria (BG), State1998 8 333 333 EUR Ministry of Culture of Bulgaria (BG), State
8 333 333 EUR (750 000 BGL) 8 333 333 EUR (750 000 BGL)
  
SUPPORT PROGRAMMES SUPPORT PROGRAMMES
Programme Name Type of aid Eligible Activities Type of Production Form in which support is provided Programme Name Type of aid Eligible Activities Type of Production Form in which support is provided
Production support Automatic/Reference-funding Production AnimationProduction support Automatic/Reference-funding Production Animation
DocumentaryDocumentary
Feature FilmFeature Film
 Repayable advances  Repayable advances


 
2003. augusztus 13. szerda, 20:07 2. | filmhu

http://europa.eu.int/comm/culture/activities/cine_en.htm


Cinema and audiovisual mediaCinema and audiovisual media
Through its various programmes, the European Union's audiovisual policy addresses various aspects of cinema and audiovisual media: thanks to training for professionals, support for the production and distribution of works in Europe and third countries, maintenance of archives, regulations and education in the visual image, cinema and the audiovisual media are not only promoters of culture but also competitive industries which create jobs.Through its various programmes, the European Union's audiovisual policy addresses various aspects of cinema and audiovisual media: thanks to training for professionals, support for the production and distribution of works in Europe and third countries, maintenance of archives, regulations and education in the visual image, cinema and the audiovisual media are not only promoters of culture but also competitive industries which create jobs.

 Training in cinema and audiovisual media Training in cinema and audiovisual media
 Development and distribution of works Development and distribution of works
 Preservation of audiovisual and cinema heritage Preservation of audiovisual and cinema heritage
 Legal and financial environment Legal and financial environment
 Education in the visual image Education in the visual image
 Cooperation with third countries Cooperation with third countries

Training in cinema and audiovisual media Training in cinema and audiovisual media
  

The MEDIA programme contains a whole section on training for professionals in the audiovisual industry. It cofinances mainly further training, while basic training receives funding only in areas which do not qualify for national or Community support measures. The aim of this training is to enable professionals to make the most of the European and international dimension of the market and to use new technologies in the production and distribution of works. MEDIA supports training in economic, financial and commercial management, screenplay writing and multimedia technologies.The MEDIA programme contains a whole section on training for professionals in the audiovisual industry. It cofinances mainly further training, while basic training receives funding only in areas which do not qualify for national or Community support measures. The aim of this training is to enable professionals to make the most of the European and international dimension of the market and to use new technologies in the production and distribution of works. MEDIA supports training in economic, financial and commercial management, screenplay writing and multimedia technologies.

A further aim of the MEDIA programme is to set up cooperation networks between bodies providing audiovisual training.A further aim of the MEDIA programme is to set up cooperation networks between bodies providing audiovisual training.

Development and distribution of works Development and distribution of works
  

While it is the responsibility of the Member States to provide assistance for production, the European Union plays an important role in encouraging the creation and distribution of cultural works, particularly in the audiovisual industry.While it is the responsibility of the Member States to provide assistance for production, the European Union plays an important role in encouraging the creation and distribution of cultural works, particularly in the audiovisual industry.

The MEDIA programme thus supports the development, distribution and promotion of European audiovisual works, whether fiction (cinema and television), creative documentaries, animation or multimedia. This programme spends 60% of its funds on the international distribution of European audiovisual works, for example by supporting the "Europa Cinemas" network, which includes 379 cinemas in 53 countries. It also promotes works via the many festivals and exhibitions which it funds. Lastly, it encourages the use of digital technologies in the creation and distribution of audiovisual works.The MEDIA programme thus supports the development, distribution and promotion of European audiovisual works, whether fiction (cinema and television), creative documentaries, animation or multimedia. This programme spends 60% of its funds on the international distribution of European audiovisual works, for example by supporting the "Europa Cinemas" network, which includes 379 cinemas in 53 countries. It also promotes works via the many festivals and exhibitions which it funds. Lastly, it encourages the use of digital technologies in the creation and distribution of audiovisual works.

Some of the projects in receipt of funding from the eContent programme, the aim of which is to stimulate the digital content market, involve creating audiovisual databases and developing tools to facilitate, for example, searches for information in several languages or the subtitling of audiovisual works. The User-friendly information society programme funds the development of and experimentation in Internet platforms incorporating the management of video data or facilitating collaboration between professionals in the audiovisual industry.Some of the projects in receipt of funding from the eContent programme, the aim of which is to stimulate the digital content market, involve creating audiovisual databases and developing tools to facilitate, for example, searches for information in several languages or the subtitling of audiovisual works. The User-friendly information society programme funds the development of and experimentation in Internet platforms incorporating the management of video data or facilitating collaboration between professionals in the audiovisual industry.

Global standards need to be set for the launch of electronic cinema services and for the international distribution of European digitised works. A European Digital Cinema Forum was set up in 2001 to work on drawing up common standards and also to develop and understand this new market.Global standards need to be set for the launch of electronic cinema services and for the international distribution of European digitised works. A European Digital Cinema Forum was set up in 2001 to work on drawing up common standards and also to develop and understand this new market.

Projects involving the installation of equipment for audiovisual or multimedia services may be included under regional development activities financed by the EU's Structural Funds.Projects involving the installation of equipment for audiovisual or multimedia services may be included under regional development activities financed by the EU's Structural Funds.

Lastly, access to capital is facilitated by the activities of the European Investment Bank (EIB) group. Under its Innovation 2000 initiative, the EIB provides long-term funding for large companies and promotes the development of SMEs by providing bank loans or venture capital instruments for companies involved in the audiovisual and content industries (fiction, animation, documentaries and multimedia).Lastly, access to capital is facilitated by the activities of the European Investment Bank (EIB) group. Under its Innovation 2000 initiative, the EIB provides long-term funding for large companies and promotes the development of SMEs by providing bank loans or venture capital instruments for companies involved in the audiovisual and content industries (fiction, animation, documentaries and multimedia).

Preservation of audiovisual and cinema heritage Preservation of audiovisual and cinema heritage
  

The vocational training component of the MEDIA programme includes using new technologies to safeguard and develop film heritage, and it also aims to improve public access to this heritage. To this end, it supports the ARCHIMEDIA network, which consists of multimedia libraries, universities and specialist laboratories involved in conserving and disseminating this heritage.The vocational training component of the MEDIA programme includes using new technologies to safeguard and develop film heritage, and it also aims to improve public access to this heritage. To this end, it supports the ARCHIMEDIA network, which consists of multimedia libraries, universities and specialist laboratories involved in conserving and disseminating this heritage.

The User friendly information society programme, and in particular its cultural heritage component, includes activities on digitisation and the use of film archives. In addition to the restoration techniques and management methods developed in its projects, this programme is interested in setting up film archive libraries which can be accessed online. The TEN-Telecom programme aims to facilitate the introduction of multimedia services providing access to European cultural heritage, such as audiovisual archives.The User friendly information society programme, and in particular its cultural heritage component, includes activities on digitisation and the use of film archives. In addition to the restoration techniques and management methods developed in its projects, this programme is interested in setting up film archive libraries which can be accessed online. The TEN-Telecom programme aims to facilitate the introduction of multimedia services providing access to European cultural heritage, such as audiovisual archives.

The question of conserving audiovisual heritage was discussed in consultations with industry experts, and courses of action are set out in the Commission communication on the future of cinema and the audiovisual industry.The question of conserving audiovisual heritage was discussed in consultations with industry experts, and courses of action are set out in the Commission communication on the future of cinema and the audiovisual industry.

To support these measures, European film heritage days To support these measures, European film heritage days CinEd@ays will be organised throughout Europe in November 2002. Their objective is to improve public knowledge of these film archives and to provide an occasion for schools to organise educational activities on the subject of the visual image. will be organised throughout Europe in November 2002. Their objective is to improve public knowledge of these film archives and to provide an occasion for schools to organise educational activities on the subject of the visual image.

Legal and financial environment Legal and financial environment
  

The audiovisual industry is governed by a specific European regulation because of its economic importance and its specific cultural nature.The audiovisual industry is governed by a specific European regulation because of its economic importance and its specific cultural nature.

Education in the visual image Education in the visual image
  

The increasing use of audiovisual media (televisions, multimedia computers, game consoles, etc.) both in the home and in education systems raises the question of how they influence children's education.The increasing use of audiovisual media (televisions, multimedia computers, game consoles, etc.) both in the home and in education systems raises the question of how they influence children's education.

The "eLearning" action plan adopted by the Commission in March 2001 to encourage the use of new media in education has made education in the visual image one of its priorities. Educational activities in this area will be encouraged at the NetDays 2002 event; this is organised in November every year in order to raise awareness of Internet use.The "eLearning" action plan adopted by the Commission in March 2001 to encourage the use of new media in education has made education in the visual image one of its priorities. Educational activities in this area will be encouraged at the NetDays 2002 event; this is organised in November every year in order to raise awareness of Internet use.

Cooperation with third countries Cooperation with third countries
  

Most cooperation agreements with third countries include a cultural dimension. The European Union seeks to promote dialogue between cultures and to develop local and regional cultural industries.Most cooperation agreements with third countries include a cultural dimension. The European Union seeks to promote dialogue between cultures and to develop local and regional cultural industries.

This cooperation in the audiovisual sector is particularly advanced in the Cotonou partnership and the Euro-Mediterranean partnership. In addition to the support programmes for the audiovisual, the European Commission Delegations organise cultural festivals, often together with the Member States' embassies and the European cultural institutions, which include screenings of European films.This cooperation in the audiovisual sector is particularly advanced in the Cotonou partnership and the Euro-Mediterranean partnership. In addition to the support programmes for the audiovisual, the European Commission Delegations organise cultural festivals, often together with the Member States' embassies and the European cultural institutions, which include screenings of European films.

 
2003. augusztus 13. szerda, 20:04 1. | filmhu

HungaryHungary

1) REFERENCES1) REFERENCES
Commission Opinion COM(97) 2001 final [Not published in the Official Journal]Commission Opinion COM(97) 2001 final [Not published in the Official Journal]
Commission Report COM(98) 700 final [Not published in the Official Journal]Commission Report COM(98) 700 final [Not published in the Official Journal]
Commission Report COM(99) 505 final [Not published in the Official Journal]Commission Report COM(99) 505 final [Not published in the Official Journal]
Commission Report COM(2000) 705 final [Not published in the Official Journal]Commission Report COM(2000) 705 final [Not published in the Official Journal]
Commission Report COM(2001) 700 final - SEC(2001) 1748 final [Not published in the Official Journal]Commission Report COM(2001) 700 final - SEC(2001) 1748 final [Not published in the Official Journal]
Commission Report COM(2002) 700 final - SEC(2002) 1404 final [Not published in the Official Journal]Commission Report COM(2002) 700 final - SEC(2002) 1404 final [Not published in the Official Journal]

2) SUMMARY2) SUMMARY
In its July 1997 Opinion the European Commission considered that, in view of the continuing progress towards legislative alignment, and provided that this was accompanied by the necessary structural adjustment of the industry, Hungary should be able to meet European Community requirements in the audiovisual sector in the next few years.In its July 1997 Opinion the European Commission considered that, in view of the continuing progress towards legislative alignment, and provided that this was accompanied by the necessary structural adjustment of the industry, Hungary should be able to meet European Community requirements in the audiovisual sector in the next few years.
The November 1998 Report noted that progress had been made in some areas, in particular through the transposal of the Television Without Frontiers Directive, but it also stressed the need to make a special effort to bring national legislation into line with the Community acquis.The November 1998 Report noted that progress had been made in some areas, in particular through the transposal of the Television Without Frontiers Directive, but it also stressed the need to make a special effort to bring national legislation into line with the Community acquis.
The October 1999 Report noted that Hungarian legislation was to a large extent aligned with the acquis. No significant progress had been made in this area since the November 1998 report, however.The October 1999 Report noted that Hungarian legislation was to a large extent aligned with the acquis. No significant progress had been made in this area since the November 1998 report, however.
The November 2000 Report indicated that little progress had been made in the audiovisual sector in 2000.The November 2000 Report indicated that little progress had been made in the audiovisual sector in 2000.
In its November 2001 Report, the European Commission showed that no progress had been made in the audiovisual sector, while in the cultural sector preparatory measures had continued with a view to allowing participation in Community activities.In its November 2001 Report, the European Commission showed that no progress had been made in the audiovisual sector, while in the cultural sector preparatory measures had continued with a view to allowing participation in Community activities.
The October 2002 Report emphasizes the considerable progress made in the alignment of Hungary's legislation with the acquis in the audiovisual sector.The October 2002 Report emphasizes the considerable progress made in the alignment of Hungary's legislation with the acquis in the audiovisual sector.

COMMUNITY ACQUISCOMMUNITY ACQUIS

In the context of the internal market, the audiovisual acquis is intended to ensure the provision and free movement of audiovisual services within the EU as well as the promotion of the European programme industry. The acquis is contained in the Television Without Frontiers Directive, which is applicable to all broadcasters regardless of mode of transmission (terrestrial, satellite, cable) or whether private or public, and lays down basic rules on transfrontier broadcasting. The main points are: In the context of the internal market, the audiovisual acquis is intended to ensure the provision and free movement of audiovisual services within the EU as well as the promotion of the European programme industry. The acquis is contained in the Television Without Frontiers Directive, which is applicable to all broadcasters regardless of mode of transmission (terrestrial, satellite, cable) or whether private or public, and lays down basic rules on transfrontier broadcasting. The main points are:

to ensure the free movement of television broadcasts throughout Member States;to ensure the free movement of television broadcasts throughout Member States;
to promote the production and distribution of European audiovisual products (by laying down a minimum quota of broadcasting time for European products and those by independent producers);to promote the production and distribution of European audiovisual products (by laying down a minimum quota of broadcasting time for European products and those by independent producers);
to set basic standards for television advertising;to set basic standards for television advertising;
to provide for the protection of minors and allow the right of reply.to provide for the protection of minors and allow the right of reply.
The European Association Agreement provides for cooperation in the promotion and modernisation of the audiovisual industry, and the harmonisation of regulatory aspects of audiovisual policy.The European Association Agreement provides for cooperation in the promotion and modernisation of the audiovisual industry, and the harmonisation of regulatory aspects of audiovisual policy.

The Television Without Frontiers Directive is one of the measures to be adopted by the CEECs under Stage I of the White Paper on the countries of Central and Eastern Europe and the internal market of the Union (1995).The Television Without Frontiers Directive is one of the measures to be adopted by the CEECs under Stage I of the White Paper on the countries of Central and Eastern Europe and the internal market of the Union (1995).

EVALUATIONEVALUATION

The legal framework for the audiovisual sector is determined by the 1996 Act on Radio and Television Services. This Act led to the dismantling of the State's information monopoly and established the National Radio and Television Board, which is responsible for working out ratings, supervising the media, monitoring programmes, and controlling services.The legal framework for the audiovisual sector is determined by the 1996 Act on Radio and Television Services. This Act led to the dismantling of the State's information monopoly and established the National Radio and Television Board, which is responsible for working out ratings, supervising the media, monitoring programmes, and controlling services.

In October 1998, Hungary enacted legislation implementing the Council of Europe Convention on Transfrontier Television. It also transposes the Community Television without Frontiers Directive. Efforts must be continued to ensure effective application of the provisions of the Convention, especially as regards satellite broadcasting.In October 1998, Hungary enacted legislation implementing the Council of Europe Convention on Transfrontier Television. It also transposes the Community Television without Frontiers Directive. Efforts must be continued to ensure effective application of the provisions of the Convention, especially as regards satellite broadcasting.

In July 2002 the Hungarian Parliament finally approved the new Media Act. Once this is fully in force, the Commission feels that the audiovisual acquis will essentially have been transposed into Hungarian law. Certain provisions, including on European works, will enter into force from the date of accession. Provisions on discrimination based on nationality will be abrogated at the same time. The rules on exclusive broadcasting rights will enter into force after a certain delay, but before the date of accession.In July 2002 the Hungarian Parliament finally approved the new Media Act. Once this is fully in force, the Commission feels that the audiovisual acquis will essentially have been transposed into Hungarian law. Certain provisions, including on European works, will enter into force from the date of accession. Provisions on discrimination based on nationality will be abrogated at the same time. The rules on exclusive broadcasting rights will enter into force after a certain delay, but before the date of accession.

The Ministry of National Cultural Heritage and the Ministry of Justice are responsible for broadcasting legislation. The National Radio and Television Board is the Hungarian regulatory and monitoring body with monitoring and sanctioning powers. It is an independent legal entity reporting directly to Parliament. With the adoption of the new law, further strengthening of the National Radio and Television Board may be required. The Commission feels that transparency should be further increased, in particular concerning frequency allocation and the distribution of funds. Efforts should also be made to improve reporting capacities on broadcasting activities.The Ministry of National Cultural Heritage and the Ministry of Justice are responsible for broadcasting legislation. The National Radio and Television Board is the Hungarian regulatory and monitoring body with monitoring and sanctioning powers. It is an independent legal entity reporting directly to Parliament. With the adoption of the new law, further strengthening of the National Radio and Television Board may be required. The Commission feels that transparency should be further increased, in particular concerning frequency allocation and the distribution of funds. Efforts should also be made to improve reporting capacities on broadcasting activities.

In the field of culture, Hungary has been participating in the Culture 2000 framework programme since 2001 and is continuing to adapt its structures in order to take part in Community activities.In the field of culture, Hungary has been participating in the Culture 2000 framework programme since 2001 and is continuing to adapt its structures in order to take part in Community activities.


Last updated: 19.11.2002Last updated: 19.11.2002





Pursuit of televisual broadcasting (television without frontiers)Pursuit of televisual broadcasting (television without frontiers)

---------------------------------------------------------------------------------------
1) OBJECTIVE1) OBJECTIVE
To create the necessary conditions for the free movement of European television programmes within the internal market; to encourage the production and distribution of European works.To create the necessary conditions for the free movement of European television programmes within the internal market; to encourage the production and distribution of European works.

2) ACT2) ACT
Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, Regulation or administrative action in Member States concerning the pursuit of televisual broadcasting [Official Journal L 298, 17.10.1989].Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, Regulation or administrative action in Member States concerning the pursuit of televisual broadcasting [Official Journal L 298, 17.10.1989].

Amended by the following:Amended by the following:

European Parliament and Council Directive 97/36/EC of 30 June 1997 [Official Journal L 202, 30.07.1997].European Parliament and Council Directive 97/36/EC of 30 June 1997 [Official Journal L 202, 30.07.1997].

3) SUMMARY3) SUMMARY
DIRECTIVE 89/552/EEC "TELEVISION WITHOUT FRONTIERS"DIRECTIVE 89/552/EEC "TELEVISION WITHOUT FRONTIERS"

1. The Directive aims to ensure the free movement of broadcasting services within the internal market and at the same time to preserve certain public interest objectives, such as cultural diversity, the right of reply, consumer protection and the protection of minors. It is also intended to promote the distribution and production of European audiovisual programmes, for example by ensuring that they are given a majority position in television channels' programme schedules.1. The Directive aims to ensure the free movement of broadcasting services within the internal market and at the same time to preserve certain public interest objectives, such as cultural diversity, the right of reply, consumer protection and the protection of minors. It is also intended to promote the distribution and production of European audiovisual programmes, for example by ensuring that they are given a majority position in television channels' programme schedules.

General principleGeneral principle

2. The Directive establishes the principle that Member States shall ensure freedom of reception and shall not restrict retransmission on their territory of television programmes from other Member States. They may, however, suspend retransmission of television programmes which infringe the provisions of the Directive on the protection of minors.2. The Directive establishes the principle that Member States shall ensure freedom of reception and shall not restrict retransmission on their territory of television programmes from other Member States. They may, however, suspend retransmission of television programmes which infringe the provisions of the Directive on the protection of minors.

Broadcasting and production quotasBroadcasting and production quotas

3. In order to encourage the distribution and production of European television programmes, Member States must ensure where practicable that broadcasters reserve a majority proportion of their transmission time for European works, excluding the time allocated to news, sports events, games, advertising and teletext and teleshopping services (Article 4). 3. In order to encourage the distribution and production of European television programmes, Member States must ensure where practicable that broadcasters reserve a majority proportion of their transmission time for European works, excluding the time allocated to news, sports events, games, advertising and teletext and teleshopping services (Article 4).

4. Broadcasters must also reserve at least 10% of their transmission time or 10% of their programming budget for European works from independent producers (Article 5). 4. Broadcasters must also reserve at least 10% of their transmission time or 10% of their programming budget for European works from independent producers (Article 5).

5. The Commission is responsible for ensuring compliance with these two provisions. Member States are therefore required to provide it with a report every two years, including a statistical statement on fulfilment of the quotas referred to in Articles 4 and 5.5. The Commission is responsible for ensuring compliance with these two provisions. Member States are therefore required to provide it with a report every two years, including a statistical statement on fulfilment of the quotas referred to in Articles 4 and 5.

6. Under certain circumstances, Member States are authorised to lay down stricter rules where necessary for purposes of language policy.6. Under certain circumstances, Member States are authorised to lay down stricter rules where necessary for purposes of language policy.

Television advertising and sponsorshipTelevision advertising and sponsorship

7. The provisions on advertising relate to:7. The provisions on advertising relate to:

duration: 15% maximum of daily transmission time, 20% maximum within a given one-hour period; duration: 15% maximum of daily transmission time, 20% maximum within a given one-hour period;
procedures for interrupting programmes; procedures for interrupting programmes;
ethical considerations (in particular the protection of minors); ethical considerations (in particular the protection of minors);
compliance with certain criteria concerning advertisements for alcoholic beverages. compliance with certain criteria concerning advertisements for alcoholic beverages.
8. Advertising of tobacco and prescription medicines is prohibited. 8. Advertising of tobacco and prescription medicines is prohibited.

9. Sponsorship of television programmes is permitted, provided it complies with certain rules. The sponsorship must not affect the broadcaster's editorial independence. In addition, sponsored television programmes must not encourage the purchase of the sponsor's products or services. Finally, news and current affairs programmes may not be sponsored.9. Sponsorship of television programmes is permitted, provided it complies with certain rules. The sponsorship must not affect the broadcaster's editorial independence. In addition, sponsored television programmes must not encourage the purchase of the sponsor's products or services. Finally, news and current affairs programmes may not be sponsored.

Protection of minorsProtection of minors

10. Programmes involving pornography or extreme violence are prohibited. This ban applies to all other programmes which are likely to harm minors, unless they are broadcast at a time when they will not normally be seen by minors or protective technical measures are in place.10. Programmes involving pornography or extreme violence are prohibited. This ban applies to all other programmes which are likely to harm minors, unless they are broadcast at a time when they will not normally be seen by minors or protective technical measures are in place.

Right of replyRight of reply

11. Any person whose legitimate interests have been damaged by an assertion of incorrect facts in a television programme must have a right of reply. This right shall exist in relation to all broadcasters under the jurisdiction of a Member State.11. Any person whose legitimate interests have been damaged by an assertion of incorrect facts in a television programme must have a right of reply. This right shall exist in relation to all broadcasters under the jurisdiction of a Member State.

REVISED DIRECTIVE OF 1997REVISED DIRECTIVE OF 1997

12. On 23 June 1997, the European Parliament and the Council adopted a new "Television without Frontiers" Directive in order to ensure greater legal certainty and to update the provisions of Directive 89/552/EEC. The main elements of this revision relate to the following points:12. On 23 June 1997, the European Parliament and the Council adopted a new "Television without Frontiers" Directive in order to ensure greater legal certainty and to update the provisions of Directive 89/552/EEC. The main elements of this revision relate to the following points:

Principle of jurisdiction Principle of jurisdiction
The Member State responsible for television channels is determined by the location of the head office and the place where programming decisions are made;The Member State responsible for television channels is determined by the location of the head office and the place where programming decisions are made;

Events of major importance for society (such as sporting events) Events of major importance for society (such as sporting events)
The new Directive sets out conditions allowing events which are considered to be of major importance for society to be broadcast freely to the public. Each Member State may therefore draw up a list of events which have to be broadcast in unencoded form, even if exclusive rights have been purchased by pay-TV channels;The new Directive sets out conditions allowing events which are considered to be of major importance for society to be broadcast freely to the public. Each Member State may therefore draw up a list of events which have to be broadcast in unencoded form, even if exclusive rights have been purchased by pay-TV channels;

Teleshopping Teleshopping
Teleshopping is subject to most of the rules relating to television advertising. Windows for teleshopping programmes broadcast by a general channel must be of a minimum duration of 15 minutes and be clearly identifiable. The maximum number of windows per day is eight, and their total duration must not exceed three hours per day;Teleshopping is subject to most of the rules relating to television advertising. Windows for teleshopping programmes broadcast by a general channel must be of a minimum duration of 15 minutes and be clearly identifiable. The maximum number of windows per day is eight, and their total duration must not exceed three hours per day;

Protection of minors Protection of minors
The new Directive places greater emphasis on the protection of minors. It specifies, for example, that Member States must ensure that programmes which are likely to impair the development of minors and are broadcast in unencoded form are to be preceded by an acoustic warning or identified by a visual symbol.The new Directive places greater emphasis on the protection of minors. It specifies, for example, that Member States must ensure that programmes which are likely to impair the development of minors and are broadcast in unencoded form are to be preceded by an acoustic warning or identified by a visual symbol.

Act Date of entry into force Deadline for implementation in the Member States Act Date of entry into force Deadline for implementation in the Member States
Directive 89/552/EEC 03.10.1991 03.10.1991 Directive 89/552/EEC 03.10.1991 03.10.1991
Directive 97/36/EC 30.07.1997 30.12.1998 Directive 97/36/EC 30.07.1997 30.12.1998




4) IMPLEMENTING MEASURES4) IMPLEMENTING MEASURES
REPORTS ON THE APPLICATION OF THE DIRECTIVEREPORTS ON THE APPLICATION OF THE DIRECTIVE

In accordance with the provisions of the Directive, every two years the European Commission submits to the European Parliament, the Council and the Economic and Social Committee a report on the application of the "Television without Frontiers" Directive.In accordance with the provisions of the Directive, every two years the European Commission submits to the European Parliament, the Council and the Economic and Social Committee a report on the application of the "Television without Frontiers" Directive.

Third report COM(2001) 9 final - not published in the Official Journal Third report COM(2001) 9 final - not published in the Official Journal
Third report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC "Television without Frontiers". Third report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC "Television without Frontiers".
Second report COM(97) 523 final - not published in the Official Journal Second report COM(97) 523 final - not published in the Official Journal
Second report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC "Television without Frontiers". Second report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC "Television without Frontiers".
Report COM(95) 86 final - not published in the Official Journal Report COM(95) 86 final - not published in the Official Journal
First report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC "Television without Frontiers". First report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of Directive 89/552/EEC "Television without Frontiers".
REPORTS ON THE APPLICATION OF ARTICLES 4 AND 5 (BROADCASTING AND PRODUCTION QUOTAS)REPORTS ON THE APPLICATION OF ARTICLES 4 AND 5 (BROADCASTING AND PRODUCTION QUOTAS)

Under the system provided for in the Directive, Member States are required to submit a report to the Commission every two years on the application of Articles 4 and 5 of the Directive. On the basis of these national reports, the Commission draws up a summary report highlighting the extent to which Member States have applied the provisions of Articles 4 and 5 and identifying certain general trends. Under the system provided for in the Directive, Member States are required to submit a report to the Commission every two years on the application of Articles 4 and 5 of the Directive. On the basis of these national reports, the Commission draws up a summary report highlighting the extent to which Member States have applied the provisions of Articles 4 and 5 and identifying certain general trends.

Communication COM(2000) 442 (01) - not published in the Official Journal Communication COM(2000) 442 (01) - not published in the Official Journal
Fourth communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period 1997-98. Fourth communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period 1997-98.
Communication COM(98) 199 final - not published in the Official Journal Communication COM(98) 199 final - not published in the Official Journal
Third communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period 1995-96. Third communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period 1995-96.
Communication COM(96) 302 final - not published in the Official Journal Communication COM(96) 302 final - not published in the Official Journal
Second communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period 1993-94. Second communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period 1993-94.
Communication COM(94) 57 final - not published in the Official Journal Communication COM(94) 57 final - not published in the Official Journal
Communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period from 3 October 1991 to 31 December 1992. Communication from the Commission to the Council and the European Parliament on the application of Articles 4 and 5 of Directive 89/552/EEC "Television without Frontiers" for the period from 3 October 1991 to 31 December 1992.

IMPLEMENTATION OF DIRECTIVE 97/36/EC IN THE MEMBER STATES IMPLEMENTATION OF DIRECTIVE 97/36/EC IN THE MEMBER STATES

Laws, regulations and administrative measures adopted by Member States in order to fulfil the obligations contained in the Directive.Laws, regulations and administrative measures adopted by Member States in order to fulfil the obligations contained in the Directive.



EVENTS OF MAJOR IMPORTANCE FOR SOCIETYEVENTS OF MAJOR IMPORTANCE FOR SOCIETY

In accordance with the "Television without Frontiers" Directive, as amended by Directive 97/36/EC, the Member States shall notify the Commission of any measure taken or to be taken concerning the use of exclusive broadcasting rights to events of major importance for society. In accordance with the "Television without Frontiers" Directive, as amended by Directive 97/36/EC, the Member States shall notify the Commission of any measure taken or to be taken concerning the use of exclusive broadcasting rights to events of major importance for society.

Austria: Publication 2002/C 16/06 - Official Journal C 277, 19.01.2002 Austria: Publication 2002/C 16/06 - Official Journal C 277, 19.01.2002
Publication in accordance with Article 3a (2) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council. Publication in accordance with Article 3a (2) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by Law, Regulation or Administrative Action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council.
United Kingdom: Publication 2000/C 328/02 - Official Journal C 328, 18.11.2000 United Kingdom: Publication 2000/C 328/02 - Official Journal C 328, 18.11.2000
Germany: Publication 2000/C 277/04 - Official Journal C 277, 29.09.2000 Germany: Publication 2000/C 277/04 - Official Journal C 277, 29.09.2000
Italy: Publication 1999/C 277/03 - Official Journal C 277, 30.09.1999 Italy: Publication 1999/C 277/03 - Official Journal C 277, 30.09.1999
Denmark: Publication 1999/C 14/05 - Official Journal C 14, 19.01.1999 Denmark: Publication 1999/C 14/05 - Official Journal C 14, 19.01.1999
5) FOLLOW-UP WORK5) FOLLOW-UP WORK
Revision under wayRevision under way

In accordance with the timetable set out in its 1997 version, the "Television without Frontiers" Directive has been undergoing a revision process since June 2001. At the Council of Ministers of Culture held on 23 May 2002, the Member States and the European Commission discussed the options available and decided on the creation of a work programme for revision of the Directive at a later date. Revision of the Directive will be the subject of a report likely to be adopted by the Commission by the end of 2002.In accordance with the timetable set out in its 1997 version, the "Television without Frontiers" Directive has been undergoing a revision process since June 2001. At the Council of Ministers of Culture held on 23 May 2002, the Member States and the European Commission discussed the options available and decided on the creation of a work programme for revision of the Directive at a later date. Revision of the Directive will be the subject of a report likely to be adopted by the Commission by the end of 2002.

As part of the evaluation under way, the European Commission has launched three major studies relating to the areas covered by the Directive [Official Journal S 149 of 05.08.2000]: As part of the evaluation under way, the European Commission has launched three major studies relating to the areas covered by the Directive [Official Journal S 149 of 05.08.2000]:
- technological and market developments in this sector; - technological and market developments in this sector;
- the effect of measures intended to encourage the distribution and production of European works; - the effect of measures intended to encourage the distribution and production of European works;
- new advertising techniques.- new advertising techniques.

The latter report, entitled " Study on the development of new advertising techniques " (pdf), was submitted to the Commission in June 2002. It analyses the regulatory implications of three new advertising techniques: interactive, split-screen and virtual advertising. Given the significant differences in the way in which different countries have responded to new advertising techniques, the study also stresses the need to clarify certain provisions of the "Television without Frontiers" Directive in the area of advertising. It considers that it is not currently necessary to devise advertising rules applicable to all types of media.The latter report, entitled " Study on the development of new advertising techniques " (pdf), was submitted to the Commission in June 2002. It analyses the regulatory implications of three new advertising techniques: interactive, split-screen and virtual advertising. Given the significant differences in the way in which different countries have responded to new advertising techniques, the study also stresses the need to clarify certain provisions of the "Television without Frontiers" Directive in the area of advertising. It considers that it is not currently necessary to devise advertising rules applicable to all types of media.

Last updated: 27.08.2002 Last updated: 27.08.2002


----------------------------------------------------------------------------------------


nka emblema 2012