170. 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, amended by Federal Law Gazette I no. 34/1998 is amended as follows:
1. paragraph 1 together with the heading:
"Austrian Film Institute
§ 1. The Austrian Film Institute promotes the Austrian film industry according to cultural and economic aspects, in particular the strengthening of the Austrian film industry and the creative and artistic quality of Austrian film as a prerequisite for its success at home and abroad as a nationwide film funding institution. It is a legal person of under public law and has its headquarters in Vienna. The Film Institute's fiscal year is the calendar year."
2. paragraph 2 paragraph 1:
"(1) the film promotion aims to
a) that to support the production, distribution and marketing of Austrian films, are suitable to achieve appropriate public acceptance as well as international recognition and thus the efficiency, quality, to increase the self-reliance and the cultural identity of the Austrian film-making, b) to support, in particular through measures to promote young talent and produce an annual report of the film industry the cultural, economic and international concerns of the Austrian film-making , to improve, in particular by encouraging the presentation of Austrian film domestically and abroad, d c) the international orientation of the Austrian film-making and thus the basis for the dissemination and market-driven evaluation of the Austrian film domestically, and its economic and cultural broadcasting from abroad) Austrian Foreign co-production support, e) to support collaboration between the film industry and television operators to the strengthening of the Austrian movie (, f) on a consultation and coordination promoting film of the Bund and the Länder (regional aid) to work towards. "
3. paragraph 2 paragraph 2:
"(2) the task of the Film Institute is through appropriate measures the objectives referred to in paragraph 1 in accordance with the available resources, in particular through the granting of financial support or technical organisational assistance within the framework of activities as to achieve competence centre." For this purpose, the Film Institute promotes in particular the production of movies based on the principle of the project, and on the other hand according to the success principle (reference film aid). Moreover, the Film Institute can assist third party also in film-promoting measures, provided that no funds of the Film Institute are used. This also applies to actions in the field of filmmaking, arising from Austria's membership in international and supranational organizations. 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 all filmwirtschaftlicher interests and the harmonisation of measures in the field of filmmaking within and outside the European Union."
4. paragraph 2 subsection 4:
"(4) the production promotion in the way of the reference film aid requires that the manufacturer of a program-full movie can boast an artistically or commercially successful reference movie.
(a) a film that has been selected or awarded by a to be determined in the funding guidelines (§ 14) internationally important Film Festival (Festival list) to take part is considered artistically successful.
(b) a film that has reached to set attendance in Austrian cinemas in the funding guidelines (§ 14) is considered economically successful.
(c) for children's, documentaries and youth films apply easier conditions for sponsorships, in particular a reduction of visitor thresholds that are set in the funding guidelines (§ 14). A new film is the first and second film, where the Director is Director responsible for a feature film.
(d) in documentaries and children's films a number of visitors can be used at the reasoned request of the manufacturer for the determination of audience success is determined over a longer period of time after the first performance in a movie theater in the country. The duration of this extended observation period is set in the funding guidelines (§ 14).
(e) the visitors are considered in the case of documentaries and children's films by non-commercial playback facilities to comply with to be determined in the funding guidelines (§ 14).
f) film festivals significant in drawing up the list of international can be take sufficient account of the Festival practice at children's and documentary films."
5. paragraph 2 paragraph 5:
"(5) promoting shall assess in particular:"
(a) the material development;
(b) the development of the project (including the creation of project-related marketing concept);
(c) in individual responsibility by Austrian film producers produced Austrian films and international co-productions with Austrian participation;
(d) the marketing of Austrian and those assimilated movies;
(e) the training of those involved in the film being artistically, technically or commercially."
6. pursuant to article 2, the following paragraph 2a and heading is inserted:
"Austrian Film Council
§ 2a. (1) under the chairmanship of the Federal Chancellor or the representative designated by him, the Austrian Film Council is set up.
(2) the Austrian Film Council has in particular the task to advise the Federal Government on fundamental issues of film policy and the award of public promotion of Austrian film and to make appropriate recommendations to the Government. In addition, the Austrian Film Council will serve as co-ordinating body all involved stakeholders.
(3) the Austrian Film Council are:
(a) the Chancellor, b) the Vice-Chancellor, c) two representatives of the umbrella organization of filmmakers, d) a representative of the Association of film directors of in Austria, e) two representatives of the Association of Austrian film producers, f) one representative of the Trade Union of art, media, professions and the Austrian Chamber of Commerce, Association of audiovisual and film industry, g) each a representative of the Austrian Broadcasting Corporation and of the Association of Austrian private broadcasters, h) the Director of the Austrian Film Institute , who is responsible for the MEDIA desk located in the Austrian Film Institute as well as the Managing Director of the Radio Department of Rundfunk und Telekom Regulierungs-GmbH, i) the Managing Director of the Austrian Film Commission, j) two representatives of the countries, k) three more by the Chancellor to name experts from the field of film industry.
(4) the members of the Austrian film directors after para 3 lit. k c be ordered by the Federal Chancellor for a period of three years. With regard to the members according to para 3 lit. c to g and j are to urge the appropriate authorities to the designation of representatives. May be reappointed.
(5) the Austrian Film Council meetings are convened at least once annually in writing by the Director of the Austrian Film Institute.
(6) the Austrian Film Council has to give an order. The Austrian Film Institute is entrusted with the Management Board. Austrian Film Council decisions in the presence of at least half of the members by a simple majority.
(7) the activity in the Austrian Film Council is voluntary.
(8) the term of Office of the members referred to in paragraph 3 lit. c ends up k
a) by lapse of time, b) by death, c) by dismissal, d) by waiver of the function.
(9) in the cases of paragraph 8 lit. b to d has to appoint a new Member of the Federal Chancellor for the remainder of the term, by analogy with application of paragraph 4.
7 paragraph 4 together with the heading:
"Organs of the Film Institute
§ 4. The bodies of the Film Institute are the Supervisory Board (section 5), the project Commission (art. 6) and the Director (section 7)."
8. before § 5, the heading "Board of Trustees" is replaced by the heading "Supervisory Board".
9. in article 5, paragraph 1 and paragraph 6, as well as in § 11 para 8 the phrase "Board of Trustees" is replaced by the phrase "The Board".
10. in article 5, paragraph 8 lit. h, paragraph 9, paragraph 13 and § 7 paragraph 6 is substituted the phrase "Board of Trustees" with the phrase "the Board".
11. in article 5 par. 3, par. 5, para 10, paragraph 11, paragraph 12, § 7 paragraph 5 lit. a and e, paragraph 6 and article 8 is substituted the phrase "Board of Trustees" with the phrase "of the Board".
12. in § 5 paragraph 8, para 12, § 6 section 2, paragraph 7 and article 14, paragraph 1, the word "Board" is replaced by the word "Board".
13. in section 5, paragraph 7, the word "Member of the Board of Trustees" is replaced by the word "Aufsichtsratsmitgliedes".
14. in § 5 par. 1 lit. the phrase "Federal Ministry of Economic Affairs" be replaced by the phrase "Federal Ministry for economy and labour";
15. in § 5 par. 1 lit. c shall be inserted after the phrase following the comma:
"you have a relevant practice experience and come from the areas of production, directing, screenplay and marketing."
16 § 5 par. 1 lit. d is omitted.
17. in section 5, paragraph 2 the phrase replaced "can the communities of interest" by the phrase "have the generally accepted communities of interest" and the phrase "three specialised representatives to make their"Expert representatives make known"by the phrase".
18. in section 5, paragraph 2, the phrase "make under" the point replaced by a comma and inserted the phrase "With umbrella organizations representing their individual associations.".
19. in section 5, paragraph 2, the last sentence reads:
"Within two months prompted by the Federal Chancellor the right or the right not exercised or be made designating any competent representatives, so the number of members of the supervisory board the number not posted, proposed not to appoint members or not designated competent representative decreases on the duration of non-exercise."
20 paragraph 5 paragraph 4:
"(4) the members of the Supervisory Board are ordered each for a period of three years; May be reappointed. In the event of a supervisory board member in accordance with paragraph 2, the new Member for the remainder of the term of Office is to order. A member of the Supervisory Board is in advance of its function to impeach if
(a) a Member referred to in paragraph 1 lit. b and c This requested b) Member due to severe physical or mental infirmity to a proper exercise of the function is incapable, c) the Member is a gross breach of duty guilty makes or d) that place the Member was appointed on the proposal, requested the removal.
The removal of the members referred to in paragraph 1 lit. a according to competent Chancellor or Federal Minister through which each para. 2. The other members be dismissed by the Federal Chancellor, where in the case of members in accordance with paragraph 1, lit. is to hear the nominators or the form making point b and c before the dismissal."
21. in article 5, paragraph 5 is the phrase "par. 1 lit. b to d"by the phrase"par. 1 lit. b and c"replaced.
22 article 5 par. 5 following sentences shall be added:
"Concentricity decisions are allowed in exceptional cases. More information is to set the rules."
22A. § 5 paragraph 8 lit. k is the phrase "§ 7 para 4 lit. g"by the phrase"§ 7 para 4 lit. h"as well as in § 5 para 8 lit. l the phrase "§ 7 para 4 lit. h"by the phrase"§ 7 para 4 lit. i"replaced.
23. in § 5 paragraph 8 is lit. l who replaced point with a comma and following lit. m added:
"(m) the approval of the assistance of knowledgeable third parties by the Director to prepare and carry out its tasks."
24. in section 5, paragraph 11, the phrase is "foreign Fund (Note: correct: Film Institute foreign)" "Film Institute foreign" replaced by the word order.
25. before article 6 the heading "Selection Committee, selection of the projects to be funded" is replaced by the heading "Project Commission, selection of projects to be funded".
26. in article 5, paragraph 8 lit. j, § 6 section 3, para. 4, para 6, para 7 and § 8 replaces the word "Selection Committee" each word "Project Commission".
27 paragraph 6 ABS. 1:
'(1) the project Commission consists of the Director and four expert members. The expert members will have a significant and current experience. For the knowledgeable members at least four alternate members shall be appointed, representing the members in the case of disability or bias. Both the expert members and the substitute members in any case, the areas of production, directing, screenplay and marketing should be represented. Appointment of expert members (substitute members) is carried out by the Federal Chancellor on the proposal of the Director for a period of not more than three years. For an appropriate representation of women is to take care. Following the expiry of the order the expert members (substitute members) However, remain until the appointment of a new Member, but no longer than three months, in the function. A qualified member may be ordered immediately after the expiry of his term of Office as a replacement member, but not to the Member. You are not bound by instructions. The voting Director shall preside."
28 paragraph 6 subsection 2:
"(2) the members (alternate members) of the project Commission may be not at the same time, the Supervisory Board or another facility of a territorial corporate body involved in Affairs of promoting film. To the project Committee section 5 paragraph 7 with the proviso applies that occurs in the case of the suspension of the function an alternate member in place of the Member. The expert members (substitute members) are lit if there is one of the reasons pursuant to § 5 para 4. (a) to (d) of the Chancellor by their function in advance to impeach. In the event of a member (substitute member) the project Commission a new Member (substitute member) referred to in paragraph 1 for the remainder of the term of Office is to order."
29 paragraph 6 ABS. 5:
"(5) the project Commission is quorate with the presence of three members including the Director. Decisions are taken with a simple majority, with the right to vote personally to exert. Abstention is not permitted. In the event of a tie, the vote of the Director is decisive. Rotation decisions are allowed in exceptional cases. More information is to set the rules."
30. in article 6, paragraph 6 the phrase "no later than within four weeks after the promotion decision" inserted after the word "immediately".
31 paragraph 7 subsection 1:
"(1) the Director is to be appointed by the Chancellor after consultation with the Supervisory Board for a period of not more than five years. The order may be revoked if there is an important reason. One such reason is especially gross breach of duty, inability to proper management. Recurring orders shall be permitted, whereas a reappointment has to take place no later than six months before the expiry of the term of Office. Before ordering a new Director a public tender is making."
32. paragraph 7 subsection 2:
"(2) to the Director only Austrian nationals can be ordered, who through their work in the film industry sufficiently have the relevant professional knowledge, to section 4 are a prerequisite for the proper fulfilment of the tasks."
33. paragraph 7 subsection 4:
"(4) the Director is responsible for all matters of the Film Institute, if nothing special is regulated in the film promotion law. He represents the Film Institute - without prejudice to the provision of § 5, paragraph 3, second sentence - and out of court. Including following tasks incumbent on him:
(a) the examination and preparation of searches for the treatment by the Commission of the project and providing all funding applications to be funded according to the principle of the project to the project Commission;
(b) the implementation of the reference film aid;
(c) the degree of funding agreements with the candidates of promotion of;
(d) the preparation of the meetings of the Supervisory Board;
(e) the submission to the Supervisory Board in matters pertaining to section 5 para 8 lit. a through h;
(f) the implementation of the decisions of the Supervisory Board and of the Commission of the project;
(g) the ongoing monitoring and verification of the dedication intended of the granted funding;
h) the presentation of the activity report of the funding decisions of the financial year until no later than 31 March of the following year to the Supervisory Board;
(i) providing an annual report on the artistic and economic success of funded films, in particular based on visitor numbers, relevant Festival successes and marketing results, to the Supervisory Board for the purpose of the annual evaluation of the promotion targets;
(j) the submission to the Supervisory Board with regard to the funding guidelines;
(k) the perception of international relations in the field of film industry.
The Director has properly installed promotion application which fall within the competence of the project Commission, in sufficient time to submit this and to convene its session, that can be made within the period referred to in article 6, paragraph 6. In carrying out the tasks referred to in paragraph 4 lit. the Director on the selection of the project Commission of projects to be funded according to the principle of the project is bound to c. The decision on the amount of the funding for selected projects which is in writing to justify him however is."
34. in article 10, paragraph 5, the last sentence reads:
"To be paid back the Film Institute by the funding recipient to aid in promoting production can be converted into reference."
35. Article 11 par. 1 lit. a is as follows:
The promotion referrer must have Austrian citizenship, and have a residence in the country. The promotion referrer is a legal person or a partnership of commercial law, so she must have their seat in Germany, or, if it is established in another Contracting State to the agreement on the European economic area, have a branch or permanent establishment in the country and are responsible for the implementation of the film project. The advertisers of promotion of or the co-producer is a legal person or a partnership of commercial law, so the Film Institute has contractually ensure that their executive organs for all obligations of the promotion recruiter personally with stick."
36. Article 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 promote advertisers on the production costs of the film project to carry an excess which may be funded by any funding granted by the Film Institute or an Austrian authority or some other Austrian body of public law recognised by the Film Institute. The equity has adequately the scope of the project and the possibilities of promoting affiliate to be. The equity can through own means of promoting affiliate promotion affiliate loan provided funds as well as all revenues obtained from pre-sales and rights guarantees and TV broadcasters financing through designated license shares with are provided, unless you betriebsgesellschaft thereof are means of producing the project available and the transmission ensures a reasonable marketing. In the context of equity share, internal activities are in particular services provided by the manufacturer as a creative producer, production manager, Director, person in a leading role or as a cameraman for the production of the film. More recognised internal activities, as well as the valuation principles applied are set in the funding guidelines (§ 14). An international co-production is to calculate. the equity share of the share of production costs to be funded by the Austrian film producer"
37. in article 11, paragraph 3, the word "Co-production" is by the phrase "international co-production", as well as in § 11 ABS. 3 lit. a is replaced by the phrase "international co-production" the phrase "Community production".
38. in article 11, paragraph 4 lit. d is the word "Community producers" by "Co-producers" and in article 11 paragraph 5, the word "Co-production" replaced by "international co-production".
39. paragraph 11 paragraph 7:
"(7) by promoting films that are made in the order are excluded."
40. pursuant to section 11, 11a the following paragraph with heading shall be inserted:
"Slide and TV rights
section 11a. (1) Whoever takes funds from the project film or reference film aid, may the funded film in whole or part to the protection of the individual stages of recovery before the end of the following periods evaluated by image makers in Germany or in German language abroad in television or in any other way or evaluate:
(a) the vesting period for the image carrier analysis is six months after the start of the regular movie theatre evaluation domestically (regular Premiere).
(b) the vesting period for the evaluation by individual access and on-demand services for individual movies ("Video on Demand" and "Near-Video-on-Demand"), fixed film program offers for a fee ("pay-per-view") or twelve months after regular premiere.
(c) the period for the evaluation by pay television 18 months after regular premiere.
(d) the vesting period for the evaluation through freely accessible television 24 months after regular premiere.
(2) unless the film concerns do not preclude the retention periods referred to in paragraph 1 may be reduced by the Film Institute at the reasoned request of the manufacturer. The retention periods can be shortened as follows:
a for the image carrier analysis up to five months after regular premiere, b) for evaluation by individual access and on-demand services for individual films, a fixed film program offers paid up to six months after regular premiere, c) for the evaluation by pay-TV up to twelve months after regular premiere, d) for evaluation by a freely accessible television up to 18 months after regular premiere.
(3) unless the film concerns do not preclude, in the Supervisory Board exceptional cases at the reasoned request of the manufacturer can shorten the periods as follows:
a for the image carrier analysis up to four months after regular premiere, b) for evaluation by individual access and on-demand services for individual films or a fixed film programmes for a fee up to four months after regular premiere, c) for the evaluation by pay-TV up to six months after regular premiere, d) for evaluation by a freely accessible television up to six months after regular premiere. For films that are produced in cooperation with the broadcaster, the vesting period to six months after acceptance can be reduced in exceptional cases by the broadcaster.
(4) the periods of time may no longer be reduced if, before deciding on the shortening of the period with the evaluation of the film at the requested level of recovery has begun.
(5) for special public and film interest films with high production costs and above-average high financing participation of a broadcaster, the Film Institute with the approval of the Supervisory Board may decide a vesting period shortening before filming began.
(6) the retention periods are infringed, to revoke the promise of promotion or to take back. Already disbursed funds are to recover.
(7) the Film Institute can refrain wholly or partly in individual cases on the reasoned request of the support recipient of the measures pursuant to subsection 6, if deemed justified, taking into account the purpose of the protection of the lock-up periods in terms of type and time of the evaluation and the arrangements for their compliance with. This applies accordingly if the funds were still not approved or disbursed. Details can be regulated by the Board by a directive.
(8) a small partially use for advertising and promotional purposes does not apply to the funded film itself as a violation of the embargo."
41. paragraph 12 paragraph 1:
"(1) support to the material and project development may be granted only for the Constitution of screenplays or turning concepts (documentary) for movies with a demonstration period from at least 70 minutes (program-full movies) or at least 59 minutes (children's films) or 45 minutes (new movies), when a film is to be expected, which would be likely to improve the quality and efficiency of the Austrian film. Subsidies are granted only on substantiated request of the author together with the manufacturer. Exceptions are set in the funding guidelines (§ 14). A description of the project (short presentation with an elaborate dialogue scene) the reasoned request shall be attached. The Film Institute may grant more subsidies the manufacturer for the continued development of the script. The screenplay to employees over the justified request of the producer is to be attached. Subsidies are granted as non-repayable grants."
42. § 12 para 2 lit. a is as follows:
"(a) the project considering the scenario appears rod and cast list suitable to contribute to improving the quality of Austrian film and to raise the technical and economic situation of the Austrian film industry and he is the Director of Austrian or national of another Contracting State to the agreement on the European economic area has. The Director is not Austrian or a national of another Contracting State of the agreement on the European economic area, so funding can be granted, when, apart from the writer or by up to two people in a leading role, all other filmmakers are Austrians or belong to another Contracting State of the agreement on the European economic area. The Film Institute may admit exceptions to these conditions, if the overall assessment of the film, particularly in terms of its economic impact in the domestic and abroad, justifies it."
43. § 12 para 2 lit. d is as follows:
"(d) production technology, studios and post production technical service companies are used, which have their headquarters in Germany or in another Contracting State to the agreement on the European economic area," 44. § 12 para 2 lit. f is:
the promotion touts the irrevocable Declaration gives, no later than one year after completion of the film free of charge to assign a new or at least technically flawless, combined series copy (archive copy) as well as a copy of the script and the advertising material related to the film for the purpose of documentation of the Austrian film industry the Federal. The copies are kept for the preservation of film heritage by the Filmarchiv Austria. Also has free of charge to transfer a VHS tape or a DVD or a copy that is produced in a similar technical process the Austrian Film Institute after completion of the film and theatrical release. the advertisers of promotion of"
45. According to § 12 para 2 lit. f is following lit. g added:
"(g) the manufacturer proves a complete relapse of the television rights to it is agreed in the contract with a broadcasters financing with after seven years. In some cases a period can be agreed in the evaluation contract for the complete relapse of the television rights of up to ten years, in particular if the manufacturer has received an above-average financing participation of the broadcaster for the film."
46. paragraph 14 para 3:
"(3) the funds are used exclusively for the purpose of promotion. Claim for granting or disbursement of development funds can be ceded nor seized."
47. in article 17, paragraph 2, the phrase "the creation of turning concepts and scenarios" by the word order is "for material development" to replace.
48. § 18 par. 4 and 5 are:
"(4) the provisions of §§ 1, 2, 2a, 4, 5, 6, 7, 8, 10, 11, 11a, 12, 14, 17, 18 and 19 and headings in the version of Federal Law Gazette I no. 170/2004 with 1 January 2005 into force."
(5) within three months after the Federal law in force BGBl. I the Supervisory Board and the project Commission are no 170/2004, to constitute. Until the new Constitution of the two institutions, the current members of the Board of Trustees act as members of the Supervisory Board and the current members of the selection Committee as members of the project Committee. "Also for this transitional period is for the decision making in the project Commission § 6 para 5 as amended by the Federal Act, Federal Law Gazette I no. 170/2004, to be applied."
49. According to § 18 paragraph 5 the following paragraph 6 is added:
"(6) all this federal law used function names and personal terms are gender-neutral."
50 the following article 19 together with heading is added:
§ 19. With the completion of this Federal Act are in terms of § 5 par. 1 lit. a, paragraph 2 and paragraph 4 which each responsible federal Minister, in terms of articles 16 and 17 of the Federal Minister of finance, and in addition of the Chancellor for posting."