[n° ou bulletin] 

Titre :	Iris-Plus - 2019-1 - The promotion of independent audiovisual production in Europe
Type de document :	texte imprimé
Auteurs :	Susanne Nikoltchev, Editeur scientifique ; Maja Cappello, Directeur de publication, rédacteur en chef ; Francisco Javier Cabrera Blazquez, Auteur ; Gilles Fontaine, Auteur ; Sophie Valais, Auteur ; Julio Talavera, Auteur
Année de publication :	2020
Importance :	91 p
Langues :	Anglais
Catégories :	DROIT : Droit européen : Radio & TV EUROPE MEDIAS:AUDIOVISUEL:NUMERIQUE PERIODIQUES
Tags :	indépendance  production  aide  aides d'état  audiovisuel  Europe  rapport  plateforme  régulation  SMAV  vidéo à la demande  droit européen
Index. décimale :	349.4 Droit européen
Résumé :	"The first chapter aims at setting the scene, providing a definition of independent audiovisual productions and a historical background to the concept. While the term independent usually refers to films produced outside the existing main production circuit at any one time, it has had different nuances over time. Since the times of the Edison Trust and the creation of the Hollywood studio system, it has referred to actors and directors who wanted to break free from the studio system, to issues of the vertical integration of Hollywood studios, and to art-house productions. In Europe, it has also had different connotations depending on the country over time, including independence (or rather the lack of it) from politics. With regard to the term “independent producer”, various definitions are currently used by associations and institutions across Europe. Before highlighting the role of independent production for cultural diversity and democracy, this chapter explains its characteristics: relatively small independent production companies, usually revolving around fiction and entertainment, with secondary rights an important definitional parameter. The chapter ends with a case study assessing the level of independent TV fiction production, which is in fact quite high: the majority of TV fiction titles (74%) and hours (60%) can be regarded as independent productions. These figures are doubtless a result (at least to a certain extent) of the quota provision included in the EU’s Audiovisual Media Services Directive, which requires broadcasters to reserve at least 10% of their transmission time, excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping, or alternatively, at the discretion of the member state, at least 10% of their programming budget, for European works created by producers that are independent of broadcasters. This provision is described in detail in chapter two, which also presents the role of UNESCO and the Council of Europe in promoting cultural diversity, as well as the support provided by Creative Europe in this regard. The third chapter gives an overview of how independent production is regulated at national level, with the focus on definitions, financial investment in independent production and quota obligations, and direct and indirect public funding for independent production. With regard to definitions, a more or less harmonised definition of “European works” is provided in the most part, whereas “independent production” is defined in fewer cases. Recital 71 of the AVMS Directive provides useful criteria for defining the independence of a producer vis-à-vis a broadcaster, but other criteria are also applied, such as the ownership of the rights in a film or TV programme, qualitative criteria, such as the producer’s actual editorial independence, or criteria related to the financial links between the producer and the broadcaster. This chapter also describes the financial investment obligations and the quota obligation of Article 17 AVMSD that are imposed on broadcasters in most EU countries. This extensive information is provided thanks to the “Mapping of national rules for the promotion of European works”, carried out by the European Audiovisual Observatory for the European Film Agency Directors (EFADs) in 2018. But that is not all: many national film funds also provide selective and/or automatic support specifically for independent producers. In some cases, the condition for receiving grants under the various film fund schemes is that the beneficiary is an independent producer (e.g. Denmark and Portugal). However, the majority of film funds only impose the condition of being independent for certain schemes. It is often accompanied by the requirement that the independent producer is established (or has an operating establishment) in the country. Public-service broadcasters (PSBs) deserve a separate chapter in this respect. Given their particular role, their market importance and the way they are financed, they have to comply with certain basic rules applying to contractual agreements between TV channels and independent producers. The fourth chapter describes examples of interprofessional agreements between producers and PSBs of three countries (Germany, France and the UK). Chapter five deals with case law, presenting two interesting court decisions from the CJEU and from France, while the final chapter discusses the state of play: a challenging changing landscape, with digital transformation and increased competition for audiences. Topics discussed are public support for independent production, the disrupting role of online platforms and OTT players, new technological innovations and new business models, and the impact of illegal distribution on the film and TV programme industry." Source : http://www.obs.coe.int/ (consulté le 10/02/2020).

[n° ou bulletin] Iris-Plus - 2019-1 - The promotion of independent audiovisual production in Europe [texte imprimé] / Susanne Nikoltchev, Editeur scientifique ; Maja Cappello, Directeur de publication, rédacteur en chef ; Francisco Javier Cabrera Blazquez, Auteur ; Gilles Fontaine, Auteur ; Sophie Valais, Auteur ; Julio Talavera, Auteur . - 2020 . - 91 p.
Langues : Anglais

Catégories :	DROIT : Droit européen : Radio & TV EUROPE MEDIAS:AUDIOVISUEL:NUMERIQUE PERIODIQUES
Tags :	indépendance  production  aide  aides d'état  audiovisuel  Europe  rapport  plateforme  régulation  SMAV  vidéo à la demande  droit européen
Index. décimale :	349.4 Droit européen
Résumé :	"The first chapter aims at setting the scene, providing a definition of independent audiovisual productions and a historical background to the concept. While the term independent usually refers to films produced outside the existing main production circuit at any one time, it has had different nuances over time. Since the times of the Edison Trust and the creation of the Hollywood studio system, it has referred to actors and directors who wanted to break free from the studio system, to issues of the vertical integration of Hollywood studios, and to art-house productions. In Europe, it has also had different connotations depending on the country over time, including independence (or rather the lack of it) from politics. With regard to the term “independent producer”, various definitions are currently used by associations and institutions across Europe. Before highlighting the role of independent production for cultural diversity and democracy, this chapter explains its characteristics: relatively small independent production companies, usually revolving around fiction and entertainment, with secondary rights an important definitional parameter. The chapter ends with a case study assessing the level of independent TV fiction production, which is in fact quite high: the majority of TV fiction titles (74%) and hours (60%) can be regarded as independent productions. These figures are doubtless a result (at least to a certain extent) of the quota provision included in the EU’s Audiovisual Media Services Directive, which requires broadcasters to reserve at least 10% of their transmission time, excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping, or alternatively, at the discretion of the member state, at least 10% of their programming budget, for European works created by producers that are independent of broadcasters. This provision is described in detail in chapter two, which also presents the role of UNESCO and the Council of Europe in promoting cultural diversity, as well as the support provided by Creative Europe in this regard. The third chapter gives an overview of how independent production is regulated at national level, with the focus on definitions, financial investment in independent production and quota obligations, and direct and indirect public funding for independent production. With regard to definitions, a more or less harmonised definition of “European works” is provided in the most part, whereas “independent production” is defined in fewer cases. Recital 71 of the AVMS Directive provides useful criteria for defining the independence of a producer vis-à-vis a broadcaster, but other criteria are also applied, such as the ownership of the rights in a film or TV programme, qualitative criteria, such as the producer’s actual editorial independence, or criteria related to the financial links between the producer and the broadcaster. This chapter also describes the financial investment obligations and the quota obligation of Article 17 AVMSD that are imposed on broadcasters in most EU countries. This extensive information is provided thanks to the “Mapping of national rules for the promotion of European works”, carried out by the European Audiovisual Observatory for the European Film Agency Directors (EFADs) in 2018. But that is not all: many national film funds also provide selective and/or automatic support specifically for independent producers. In some cases, the condition for receiving grants under the various film fund schemes is that the beneficiary is an independent producer (e.g. Denmark and Portugal). However, the majority of film funds only impose the condition of being independent for certain schemes. It is often accompanied by the requirement that the independent producer is established (or has an operating establishment) in the country. Public-service broadcasters (PSBs) deserve a separate chapter in this respect. Given their particular role, their market importance and the way they are financed, they have to comply with certain basic rules applying to contractual agreements between TV channels and independent producers. The fourth chapter describes examples of interprofessional agreements between producers and PSBs of three countries (Germany, France and the UK). Chapter five deals with case law, presenting two interesting court decisions from the CJEU and from France, while the final chapter discusses the state of play: a challenging changing landscape, with digital transformation and increased competition for audiences. Topics discussed are public support for independent production, the disrupting role of online platforms and OTT players, new technological innovations and new business models, and the impact of illegal distribution on the film and TV programme industry." Source : http://www.obs.coe.int/ (consulté le 10/02/2020).