Change Of The Film Promotion Law

Original Language Title: Änderung des Filmförderungsgesetzes

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995098/nderung-des-filmfrderungsgesetzes.html

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81. Federal law that modifies the film promotion law

The National Council has decided:

The Federal Act on the promotion of Austrian films (film support Act), Federal Law Gazette No. 557/1980, as last amended by the Federal Act, Federal Law Gazette I no. 74/2010, and the Federal Ministry of law amendment in 2014, Federal Law Gazette I no. 11/2014, is amended as follows:

1 1 first sentence reads §:

"The Austrian Film Institute as a nationwide film funding institution promotes the movie as a cultural product, as well as the Austrian film industry and helps to strengthen the Austrian film industry and the creative and artistic quality of Austrian film as a prerequisite for its success at home and abroad."

2. paragraph 2 paragraph 1:

"(1) the film promotion aims to



(a) to contribute to the conservation of the common cultural heritage of Europe and the further development of European culture with their national and regional diversity with particular reference to the Austrian identity, b) production, to support dissemination and marketing of Austrian films that are suitable, the quality to increase autonomy and cultural identity of the Austrian film-making, c) to support the cultural, economic and international concerns of the Austrian film-making , in particular through measures to promote young talent and produce an annual film industry report, d) to improve, in particular by encouraging the presentation of Austrian film domestically and abroad, e the international orientation of the Austrian film-making and thus the basis for the distribution of Austrian film domestically and its cultural broadcasting and exploitation abroad) Austrian Foreign co-production support, f) to support cooperation between the film industry and television operators to the strengthening of the Austrian movie (, g) on a consultation and coordination promoting film of the Bund and the Länder (regional aid) to work towards. "

3. § 2 para 2 first sentence reads:

"Task of the Film Institute is the objectives referred to in paragraph 1, through appropriate measures, in particular through the granting of financial support in accordance with the existing resources on the basis of a selection process or through technical and organisational assistance as a competence centre to carry out."

4. § 2 para 2 last sentence reads:

"Task of the Film Institute is also to advise the Federal Government and other public bodies on central issues of concerns of the Austrian film, in particular in regard to the interests of all film-cultural and filmwirtschaftlicher and the harmonisation of measures in the field of filmmaking within and outside the European Union."

5. paragraph 2 subsection 3:

"(3) for the promotion of production according to the principle of project projects with cultural content to select that are anticipating an artistic or economic success or correspond to the objectives of the promotion of young talent. Through the promotion of the entry into the professional filmmaking should be facilitated."

6 § 2 para 4 first sentence reads:

"A prerequisite for promoting production means the reference film aid is that the producer / manufacturer of program-full movie with cultural content has an artistically or commercially successful reference movie."

7. in article 2, paragraph 4 lit. c is lit in § 2 para 4, the phrase "the Director" by the phrase "The Director / Director". d the word sequence "of the manufacturer" by the phrase "The producer / manufacturer" and in § 2 para 4 lit. e replaced the phrase "Visitors" with the phrase "Visitor/visitors".

8 paragraph 2 paragraph 5:

"(5) subject to the promotion are:"



(a) the material development;

(b) the development of the project;

(c) in individual responsibility by Austrian film manufacturers/film manufacturers produced Austrian films and international co-productions with Austrian participation;

(d) the exploitation of Austrian and those assimilated movies;

(e) the training of those involved in the film being artistically, technically or commercially."

9. in article 5, par. 1 and 3, article 6, paragraph 1, 3 and 4, article 7, paragraph 1 and article 9 is the phrase "by the Federal Minister / by the Federal Minister for education, art and culture" by the phrase "by the Chancellor / by the Federal Chancellor" replaced; in section 5, subsection 4, the penultimate and last sentence read:

"The removal of the members referred to in paragraph 1 lit. a is / the Chancellor/Chancellor or by the competent/Federal/Federal Ministers each pursuant to par. 2. The other members are from the Chancellor / relieved by the Federal Chancellor, lit with prior to the removal of the members referred to in paragraph 1. the proposer or designating making point b and c is heard."

10. in article 5, paragraph 1 and 3 are lit "Economy, family and youth" by the phrase "Science, research and economy", and in article 5, paragraph 1 the phrase. a replaced the term "Federal Chancellery" the designation "Federal Ministry for education, arts and culture".

11. in section 5 are in paragraph 1 lit. b the term "Union art, media, sports, professions" by the term "Union of municipality servants - art, media, sports, professions", the designation "Professional Association of audiovisual and film industry" by the designation "National Association of film and music industry" and in paragraph 1 lit. c and paragraph 2 each replaced the word "Representative" by the phrase "Representatives".

12. in section 5, paragraph 2, the phrase "by the who/Federal Ministers" by the word order is "by the Chancellor / Chancellor or by the relevant who/Federal Ministers" and replaced the phrase "The Federal Minister / the Federal Ministers for education, art and culture" by the phrase "The Chancellor / Chancellor".

13. in section 5, paragraph 2, article 6, paragraph 1, article 7, par. 5 and article 19, the phrase "The Federal Minister / the Federal Minister for education, art and culture" by the phrase "The Chancellor / the Chancellor" will be replaced.

14. in article 5, paragraph 3, the phrase "Their representatives / Deputy" by the phrase is replaced "which / whose representatives/alternates".

15. in article 5, paragraph 6, the phrase is "of chaired leading" by the phrase "the / the chaired leading", in paragraph 8 the phrase "his duties" by the phrase "your / his duties" and in paragraph 10 is the word "one" replaced by the word "a".

16 paragraph 5 paragraph 7:

"(7) the function of an Aufsichtsratsmitgliedes suspended for deliberations and resolutions on agenda items, where interests of the members or interests personally or professionally close standing person or company are touched."

17. in section 5, paragraph 9, the phrase "the promotion seekers" is replaced by the phrase "The candidate of promotion of / the promotion advertising".

18 paragraph 5 paragraph 12:

"(12) the members of the Supervisory Board pursuant to par. 1 lit. a, provided that these are not there-run institutions, the members of the Supervisory Board pursuant to par. 1 lit. Attendance for participating in the meetings is to b and c, as well as the constantly drawn by experts without voting rights from the scope of the filmmakers or film production. The amount of the attendance allowance is set in the rules of procedure of the Supervisory Board and the consent of the Chancellor / Chancellor."

19 § 5 paragraph 13, first sentence, is:

"To fulfil the obligations of the Supervisory Board of up to five constantly drawn in but non-voting experts/experts from the film industry and in some cases of other external experts can use."

20 § 6 para 3 second sentence reads:

"The project Commission has to discuss the application of promoting recruiters/promote advertisers in the course of the decision-making process and to hear the support candidate / the promotion seekers, as her / his request necessary to discuss."

21. in article 6, paragraph 6, the phrase "the promotion seekers" is replaced by the phrase "The candidate of promotion of / the promotion seekers" and the phrase "The promotion seekers" by the phrase 'The candidate of promotion of / of promoting advertisers'.

22 paragraph 6 paragraph 7:

"An attendance fee is to for the attendance at meetings (7) the expert members (alternate members) of the project Commission, the amount of which is set according to the expenses associated with the session of the Supervisory Board in the rules of procedure."

23. in section 7, paragraph 2, the word "Citizen" by the phrase "Citizens/citizen" is, and in section 18, paragraph 2, the word "Citizens" is replaced by the phrase "citizens/nationals".

24. in article 7, paragraph 4 the phrase replaces "he/she represents," that phrase "His responsibility" by the phrase "responsibility for him or your" and the phrase "incumbent on him" by the phrase "it is responsible for your /" "He represents" the phrase.


25. in article 7, paragraph 4 lit. c is replaced by the phrase "promote recruiters/promotion seekers" the word "Promotion seekers".

26 § 7 para 5 lit. c and d are:



"(c) (in any company as shareholder/partner is involved, which is active in the field of cinema, d) performs any other activity which is likely to arouse mistrust of their / its impartiality in the performance of her or his duties," 27. In paragraph 8, the word "Employees" is replaced by the phrase "service and workers/employees".

28. in section 10, paragraph 2, the word "Project promoters" is replaced by the phrase "project recruiters/project promoters".

29 paragraph 10 para 3:

"(3) to be promoted can only films with cultural content. The cultural content is checked on the basis of the criteria laid down in the funding guidelines. This test is accomplished in promoting production principle the project through the project Commission and in promoting production means the reference film aid through the Director / the Director."

30. in article 10, paragraph 5, the phrase "by the support recipient" by the phrase is "by the funding recipient / the support recipient" replaced.

31. the section 10 be attached following paragraph 6 and 7:

"(6) the totality of the sponsored production costs (cumulative aid intensity) shall be not more than 50 per cent. For co-productions, the cumulative aid intensity can be up to 60 vH of the production costs.

(7) in the case of commercially difficult or created low budget films, the cumulative aid intensity must not exceed 80 vH of the production costs. A film is commercially difficult or created with scarce resources, if he can be expected only a low market acceptance and its chances of economic recovery as a limited must be qualified, because of its experimental nature, or because he is flawed due to its content, its style, its artistic and/or technical design or cultural claim to a large extent with risks. "The cumulative aid intensity may exceed in exceptional cases 80 vH of production costs, unless the film project is a particular cultural interest, the production without the granting of such aid is impracticable, the promotion candidate / by the funding applicants a reasonable deductible is taught and is assured that the promotion is limited to the extent actually necessary."

32. Article 11 par. 1 lit. a is as follows:



"(a) the candidate of promotion of / the promotion referrer must be a natural person with Austrian citizenship, a legal entity or partnership registered in the register of companies with a permanent establishment or branch office in Austria and a location within a Contracting Party of the Treaty on the functioning of the European Union (TFEU) or the agreement on the European economic area (EEA) and are responsible for the implementation of the film project. The promotion candidate, of promoting advertisers, the Mitherstellerin or the co-producer is a legal person or a partnership that is registered in the register of companies, the Film Institute has contractually ensure that their executive organs for all commitments of the candidate of promotion / promotion affiliate personally with stick."

33. § 11 par. 1 lit. c is as follows:



"(c) In the case of promoting manufacture within the meaning of § 2 5 lit. c has the support candidate / the promotion of advertisers on the production costs of the film project to carry a deductible, which may be funded by any funding granted by the Film Institute or an Austrian authority or another Austrian public law legal person recognised by the Film Institute. The equity has adequately the scope of the project and the possibilities of promotion candidate / promotion affiliate to be. The equity can through own resources the support candidate / affiliate promotion, the promotion candidate / loan provided to the promotion advertising medium, all pre-sales and rights guarantees achieved revenues and designated license shares of broadcasters financing with will be provided, as far as the betriebsgesellschaft means of producing of having available stand and transmission ensures a proper marketing. Within the framework of the own share equity services are in particular, providing the manufacturer / producer as creative producer/creative producer, production manager/producer, Director/Director, person in a leading role or as a cinematographer/cameraman for the production of the film, to take into account. More recognised internal activities, as well as the valuation principles applied are set in the funding guidelines (§ 14). "When an international co-production is the equity share of the Austrian film producer / share of production costs to be funded by the Austrian film producer to calculate."

34. in article 11, par. 1 lit. e and f will replace the phrase "The promotion recruiters" by the phrase "The candidate of promotion of / the promotion seekers", the phrases "promotion Affiliate" by the phrases "The candidate of promotion of / promotion Affiliate" and the phrases 'the promoting advertisers' "The candidate of promotion of / the promotion advertising" the word sequences.

35. in article 11, par. 1 lit. f the word "Visitor" is replaced by the phrase "Visitor/visitors".

36. § 11 par. 2 lit. a is as follows:



"(a) is a/a in paragraph 1 lit. a called promotion candidate/so-called establishes the film in his own name and for its own account promoting advertisers and is responsible for the implementation of the film project,"37. § 11 par. 2 lit. b is as follows:



'(b) the persons in the production of the film artistic or organizational decision entitled have Austrian nationality and the other Assistant staff/staff mainly consists of Austrian nationals/citizens,' 38. In § 11 paragraph 4 lit. c is lit in section 11 paragraph 4 the phrase "The majority producer has its headquarters" by the phrase "that has her / his seat majority producer / producer of the majority". d the word "Co-producers" by the phrase "Koproduzentinnen/co-producers" and § 11 section 4 lit. e the word "Film producers" replaced by the phrase "film manufacturers/film manufacturers".

39. in article 11, paragraph 5 is replaced "international" "international" through the word.

40. in article 11, paragraph 8, the phrase is "with foreign nationality or stateless persons who have their permanent residence in this country, or" by the phrase "habitual residence in Germany with other than nationality stated in section 18, paragraph 2, to stateless persons or" replaced.

41. in article 12, paragraph 1, the phrase "the author" is replaced by the phrase "The author / author", the phrase "the manufacturer" by the phrase "The producer / the manufacturer" and the phrase "the manufacturer" by the phrase "The producer / manufacturer".

42. § 12 para 2 lit. a is as follows:



"(a) the project, taking into account the scenario appears rod and cast list suitable to contribute to improving the quality and cultural identity of Austrian film and to raise the technical and economic situation of the Austrian film industry and he is the Director of the Austrian/Austrian Director. Director / Director is not / no citizens/nationals according to § 18 para 2, so subsidies may be granted if, apart from the writer / screenwriter or up to two people in a leading role, all other filmmakers are Austrians/Austrians. The Film Institute may admit exceptions to these conditions, if the overall assessment of the film, in particular with regard to its cultural and economic consequences domestically and abroad, justifies it."

43. in § 12 para 2 lit. f the word consequences "of promoting advertisers" are substituted by the phrase 'The candidate of promotion of / of promoting advertisers'.

44. in § 12 para 2 lit. g are replaced by the phrases "The producer / manufacturer", the phrases "the manufacturer".

45. paragraph 5 is § 12.

46. in article 13, paragraph 1 the word "Employees" replaces "Employees/employee" and the phrase "of the applicant" the phrase by the phrase "The applicant / claimant".

47. in article 13, paragraph 2, the phrase "the promotion seekers" is replaced by the phrase "The candidate of promotion of / the promotion seekers".

48. in article 14, paragraph 2, "in particular", the phrase "the criteria for the identification of cultural content," is inserted after the word.

49. in article 14, paragraph 2, the phrase "of the support recipient" is replaced by the phrase "The support recipient / addressee promotion".


50. in article 15, paragraph 1 the phrase "that the disbursement of already approved funds be avoided has to" be in the introductory phrase by the phrase "that extinguishes entitlement to committed and not yet paid out funds" and in lit. (c) the "point" "or" replaced the word; following lit. d shall be added: "d) the Film Institute about essential circumstances incorrect or incomplete has been informed."

51. § 15 para 2 sentence and lit. a are to c:

"(2) has the Film Institute is to lead out furthermore that a not yet paid back loans or a conditionally repayable grant is prematurely due to termination or an otherwise non-repayable grant is back to reimbursed, if"



a) the Film Institute about essential circumstances has been informed incorrectly or incompletely, b) the project does not or not completely or not in time is carried out through a fault of the support recipient / addressee promotion, c) funding used entirely or in part contrary to the dedication, provided reports not be refunded, evidence not taught, tests of evidence prevents or requirements due to fault of the support recipient / addressee promotion not observed ', or ' 52. § 15 para 3 is:

"(3) the Film Institute has is to condition further, that loans or grants, which in paragraph 2 lit from the." a reason to (c) to repay are, from the date of disbursement of the funding recipient / are to pay interest on the funding recipient with 3 per cent above the base rate per year. This is critical for the respective half. the base interest rate that applies on the first calendar day of a half-year "

53. § 17 para 1 second sentence deleted.

54. paragraph 18 para 2:

"(2) nationals of parties to the Treaty and the EEA are assimilated Austrian citizens/nationals."

55. paragraph 18 paragraph 6:

"(6) article 5 paragraph 1 lit. (b) the amended BGBl. I 81/2014 joins No. in relation to the change of the designation "Professional Association of audiovisual and film industry" to the designation "National Association of film and music industry" with 1 January 2015 in force."

Fischer

Faymann