170. Federal law amending the Film Promotion Act

The National Council has decided:

The Federal Act on the Promotion of Austrian Film (Filmförderungsgesetz), BGBl. N ° 557/1980, as last amended by Federal Law BGBl. I No 34/1998 is amended as follows:

1. § 1 together with the title is:

" Österreichisches Filminstitut

§ 1. As a nationwide film funding institution, the Austrian Film Institute promotes Austrian film industry in terms of cultural and economic aspects, in particular the strengthening of the Austrian film industry and the creative and artistic aspects of film production. Quality of Austrian film as a prerequisite for its success in Germany and abroad. It is a legal person under public law and has its seat in Vienna. The financial year of the Filminstitut is the calendar year. "

2. § 2 (1) reads:

" (1) The aim of film funding is to:

a)		to support the production, distribution and marketing of Austrian films, which are suitable for achieving both the appropriate audience acceptance and international recognition, and thereby the economic efficiency, the quality, the To increase the independence and cultural identity of Austrian filmmaking,
b)		to support the cultural, economic and international concerns of Austrian filmmaking, in particular through measures for the promotion of young talent, as well as through the preparation of an annual film economic report,
c)		the international orientation of Austrian filmmaking and thus the foundations for the dissemination and market-oriented evaluation of Austrian film in Germany and its economic and cultural influence abroad. , in particular by promoting the presentation of Austrian film in Germany and abroad,
d)		to support coproductions from Austria and abroad,
e)		to support the cooperation between the film industry and broadcasters to strengthen the Austrian cinema film,
f)		to work towards coordination and coordination of the film promotion of the federal and state governments (regional funding). "

3. § 2 para. 2 reads:

" (2) The task of the Film Institute shall be to take appropriate measures to meet the objectives set out in paragraph 1 in accordance with the existing resources, in particular by granting financial support or technical-organisational assistance within the framework of the of the activity as a centre of competence. To this end, the film institute promotes, in particular, the production of films on the one hand according to the project principle and on the other hand after the principle of success (reference film support). In addition, the film institute can also participate in film-promoting measures by third parties, provided that no funds are used for the film institute. This also applies to measures in the field of film systems resulting from Austria's membership in international and supranational organisations. It is also the task of the Film Institute to advise the Federal Government and other public authorities on central issues relating to the interests of Austrian film, in particular with regard to the perception of all economic interests in the film industry. and the harmonisation of action in the field of film industry within and outside the European Union. "

4. § 2 (4) reads:

" (4) A prerequisite for the production promotion by means of reference film funding is that the manufacturer of a programme-filling cinema film can present a reference film which is successful in artistic or economic terms.

a)		An artistic success is a film which has been selected or awarded for participation by an internationally important film festival (festival list) to be defined in the funding guidelines (§ 14).
b)		A film which has reached the number of visitors in Austrian cinemas to be determined in the funding guidelines (§ 14) is considered to be economically successful.
c)		In the case of children, documentaries and junior films, the conditions for funding are facilitated, in particular a reduction in the number of visitors, which are laid down in the funding guidelines (§ 14). A young film is the first and second film, in which the director bears the responsibility for directing a cinema film.
d)		In the case of documentaries and children's films, a number of visitors can be consulted on the basis of a reasoned request from the manufacturer for the determination of the success of the spectator, which is determined for a longer period after the first performance in a film theatre in Germany. . The duration of this extended period of observation shall be laid down in the funding guidelines (§ 14).
e)		In the case of documentaries and children's films, the visitors are taken into account by non-commercial playgrounds in accordance with the provisions to be laid down in the funding guidelines (§ 14).
f)		In the preparation of the list of internationally significant film festivals, the festival practice for children's and documentaries is to be adequately taken into account. "

5. § 2 (5) reads:

" (5) The subject of the promotion shall be in particular:

a)		substance development;
b)		the development of the project (including the preparation of the project-related marketing concept);
c)		Austrian film producers produced Austrian films and international co-productions with Austrian participation in their own responsibility;
d)		the marketing of Austrian and similar films;
e)		the continuing vocational training of persons involved in the film industry in artistic, technical or commercial terms. "

6. In accordance with § 2, the following § 2a together with the heading is inserted:

" Österreichischer Filmrat

§ 2a. (1) Under the chairmanship of the Federal Chancellor or of the representative appointed by him, the Austrian Film Council shall be established.

(2) The Austrian Film Council has in particular the task of advising the Federal Government on fundamental issues of film policy and public funding of Austrian film and making recommendations to the Federal Government , In addition, the Austrian Film Council is to serve as a coordinating body for all stakeholders involved.

(3) The Austrian Film Council is a member of:

a)		the Federal Chancellor,
b)		the Vice-Chancellor,
c)		two representatives of the umbrella organization of the filmmakers,
d)		a representative of the Association of Film Directors of Austria,
e)		two representatives of the Association of Austrian Film Producers,
f)		one representative of the trade union, art, media, liberal professions and the Austrian Chamber of Commerce, the trade association of the audio-visual and film industry,
g)		a representative of the Austrian Broadcasting Association and the Austrian private broadcaster,
h)		the Director of the Austrian Film Institute, the responsible person for the MEDIA Desk located in the Austrian Film Institute, as well as the managing director of the broadcasting department of the Broadcasting and Telekom Regulatory GmbH,
i)		the managing director of the Austrian Film Commission,
j)		two representatives of the countries,
k)		three other experts from the field of film industry to be appointed by the Federal Chancellor.

(4) The members of the Austrian Film Council according to paragraph 3 lit. c to k are appointed by the Federal Chancellor for a period of three years. As regards the members referred to in paragraph 3, lit. (c) to (g) and (j) shall be required by the appropriate bodies to appoint representatives. Reorders shall be admissible.

(5) The meetings of the Austrian Film Council shall be convened in writing at least once a year by the Director of the Austrian Film Institute.

(6) The Austrian Film Council shall have its own rules of procedure. The Austrian Film Institute is entrusted with the management of the company. Decisions of the Austrian Film Council will be taken by a simple majority in the presence of at least half of the members.

(7) The activities of the Austrian Film Council are honorary.

(8) The term of function of the members as referred to in paragraph 3 (3). c to k ends

a)		through time-lapse,
b)		by death,
c)		by convening,
d)		by waiving the function.

(9) In the cases of paragraph 8 lit. b to d the Federal Chancellor has to appoint a new member for the remaining period of the term of office, with the appropriate application of paragraph 4.

7. § 4 together with the headline is:

" Institutions of the Film Institute

§ 4. The institutions of the Film Institute are the Supervisory Board (§ 5), the Project Commission (§ 6) and the Director (§ 7). "

8. Before § 5, the title shall be "Kuratorium" by the heading "Supervisory Board" replaced.

9. In § 5 (1) and (6) as well as in Section 11 (8), the phrase "The Board of Trustees" in each case by the word sequence "The Supervisory Board" replaced.

10. In § 5 (8) (h), (9), (13) and (7) (6), the word order shall be "the Board of Trustees" in each case by the word sequence "the Supervisory Board" replaced.

11. In § 5 para. 3, para. 5, para. 10, para. 11, para. 12, § 7 para. 5 lit. a and e, par. 6 and § 8 will be the phrase "the Board of Trustees" in each case by the word sequence "of the Supervisory Board" replaced.

12. In § 5 (8), (12), § 6 (2), (7) and § 14 (1), the word "Kuratorium" in each case by the word "Supervisory Board" replaced.

13. In § 5 (7) the word "Member of the Board of Trustees" by the word "Supervisory Board Member" replaced.

14. In § 5 paragraph 1 lit. a becomes the phrase "Federal Ministry of Economic Affairs" through the phrase "Federal Ministry of Economics and Labour" replaced.

15. In § 5 para. 1 lit. c shall be inserted after the following phrase:

"who have a significant practical experience and come from the fields of production, direction, screenplay and marketing."

16. § 5 para. 1 lit. d is deleted.

17. In § 5 (2) the word order shall be "may the interest groups" through the phrase "have the generally accepted interest groups" as well as the phrase "Make expert representatives reputable" through the phrase "to make three professional representatives in each case reputable" replaced.

18. In § 5 (2), after the word order "Make reputable" the point is replaced by a dash and the word sequence "where umbrella organizations represent their individual associations." inserted.

19. In § 5 (2) the last sentence is:

" If, within two months of being requested by the Federal Chancellor, the right of posting or the right of proposal is not exercised, or if no expert representatives are repudiated, the number of members shall be reduced to the duration of the non-exercise. of the Supervisory Board with regard to the number of non-dispatched, non-nominee members or non-reputable professional representatives. "

Article 5 (4) reads as follows:

" (4) The members of the Supervisory Board shall each be appointed for a period of three years; re-orders shall be admissible. In the event of the failure of a member of the Supervisory Board within the meaning of paragraph 2, the new member shall be appointed for the remaining period of the operating period. A member of the Supervisory Board shall be relieved of his function prematurely if:

a)		a member in accordance with paragraph 1, lit. (b) and (c)
b)		the member is incapable of proper functioning due to severe physical or mental infirmary,
c)		the member is guilty of a gross breach of duty, or
d)		the body on whose proposal the member has been appointed to request the revelation.
The revitalisation of Members pursuant to paragraph 1 (1). a is carried out by the Federal Chancellor or Federal Minister responsible in accordance with paragraph 2. The other members shall be dismissed by the Federal Chancellor, and in the case of members in accordance with paragraph 1, lit. b and c shall be heard before the revelation, or the name of the reputable or the name-making body. "

21. In Section 5 (5), the phrase " 1 lit. b to d " through the phrase " 1 lit. b and c " replaced.

22. In § 5 (5) the following sentences are added:

" In justified exceptional cases, round-trip decisions are admissible. More details shall be laid down in the Rules of Procedure. "

22a. In § 5 para. 8 lit. k becomes the phrase "§ 7 para. 4 lit. g" through the phrase "§ 7 para. 4 lit. h" and in Section 5 (8) (8). l the phrase "§ 7 para. 4 lit. h" through the phrase "§ 7 para. 4 lit. i" replaced.

23. In § 5 (8), lit. l replaced the point by a dash and the following lit. m is added:

" m)		the authorisation of the recovery of knowledgeable third parties by the Director for the preparation and performance of his duties. "

24. In Section 5 (11), the phrase "fondsforeignder (note: correct: film-institute foreign)" through the phrase "filminstitutsstrander" replaced.

25. Before § 6, the title shall be "Selection Committee, selection of projects to be funded" by the heading "Project Commission, selection of projects to be funded" replaced.

26. In § 5 (8) (j), (6) (3), (4), (6), (7) and (8), the word shall be "Selection Committee" in each case by the word "Project Commission" replaced.

27. § 6 (1) reads:

" (1) The Project Commission shall consist of the Director and four expert members. The knowledgeable members are to have a relevant and current practical experience. For the knowledgeable members, at least four substitute members shall be ordered, who shall represent the members in the event of a presumption of prevention or of partiality. In any case, the areas of production, directing, screenplay and marketing are to be represented in the case of the expert members as well as with the members of the replacement. The appointment of the expert members (replacement members) shall be effected by the Federal Chancellor on a proposal from the Director for a period of not more than three years. Care should be taken to ensure that women are properly represented. After the expiry of the order period, however, the expert members (substitute members) remain in the position until the appointment of a new member, but at the latest three months. A qualified member may be appointed to the substitute member immediately after the end of his term of office, but not again to the member. They shall not be bound by instructions. The voting director shall be chaired by the Director. "

Section 6 (2) reads as follows:

" (2) The members (substitute members) of the Project Commission may not belong to the Supervisory Board or any other institution of a local authority concerned with matters of film promotion. Section 5 (7) shall apply to the members of the Project Commission, subject to the proviso that in the event of the function of the function, a substitute member shall replace the member. The expert members (substitute members) are in the presence of one of the reasons in accordance with § 5 paragraph 4 lit. a to d by the Federal Chancellor of her function prematurely to thieves. In the event of the departure of a member (substitute member) of the project commission, a new member (substitute member) is to be ordered in accordance with paragraph 1 for the remaining period of the operating period. "

Section 6 (5) reads as follows:

" (5) The Project Commission shall be quorum in the presence of three members, including the Executive Director. Decisions shall be taken with a simple majority of votes, the right to vote being exercised in person. Abstention is inadmissible. In the event of a tie, the Director's vote shall indicate the end of the vote. In justified exceptional cases, round-trip decisions shall be admissible. More details shall be laid down in the Rules of Procedure. "

30. In § 6 (6), after the word "immediately" the phrase "However, within four weeks after the funding decision," inserted.

31. § 7 (1) reads:

" (1) The Director shall be appointed by the Federal Chancellor after consulting the Supervisory Board for a maximum period of five years. The order may be revoked if there is an important reason. Such a reason is given in particular in the case of gross breach of duty and incapacity for proper management. Repeated orders are permissible, whereby a reappointment must be made no later than six months before the end of the operating period. In any case, prior to the appointment of a new Director, a public invitation to tender shall be issued. "

32. § 7 (2) reads:

" (2) Only Austrian citizens who, through their activities in the film industry, have sufficient knowledge of the relevant technical knowledge to be appointed to the Director can be appointed as a prerequisite for the proper performance of the tasks referred to in paragraph 1. 4 are. "

Section 7 (4) reads as follows:

" (4) The Director shall be responsible for all matters of the Film Institute, unless something special is regulated in the Film Promotion Act. He represents the film institute without prejudice to the provision of the second sentence of Article 5 (3) of the Court of Law and of the Court of Law. In particular, he also has the following tasks:

a)		the examination and preparation of the requests for the treatment by the Project Commission and the submission to the Project Commission of all funding requests to be funded according to the project principle;
b)		the implementation of the reference film support;
c)		the conclusion of the grant agreements with the promotional advertisers;
d)		the preparation of meetings of the Supervisory Board;
e)		the application to the Supervisory Board in the matters of Section 5 (8) (lit). a to h;
f)		the implementation of the decisions of the Supervisory Board and of the Project Commission;
g)		ongoing monitoring and review of the dedicated use of the funding granted;
h)		the submission of the activity report to the Supervisory Board by 31 March of the following year on the funding decisions of the completed financial year;
i)		the presentation of an annual report on the artistic and economic success of the funded films, in particular on the basis of visitor numbers, relevant festival successes and marketing results, to the Supervisory Board for the purpose of the annual evaluation of the funding objectives;
j)		the application to the Supervisory Board in all matters relating to the funding guidelines;
k)		the perception of international relations in the field of film.
The Director shall have duly submitted requests for funding which fall within the responsibility of the Project Commission in time for the latter to submit and to convene the meeting of the latter to be able to be decided within the time limit laid down in Article 6 (6). In the performance of the tasks referred to in paragraph 4 (lit). c is the Director tied to the selection of the project commission of the projects to be funded according to the project principle. It shall, however, be responsible for the decision on the amount of the funding for the projects selected, which shall be justified in writing. "

34. In § 10 (5), the last sentence is:

"Promotional funds to be repaid from the recipient to the film institute within the framework of production funding can be converted into reference funds."

35. § 11 para. 1 lit. a is:

" (a)		The promotion advertiser must have Austrian citizenship and have a domiciate domestiy. Where the aid is a legal person or a civil society of commercial law, it must have its registered office in the country or, if it has its registered office in another Contracting State of the Agreement on the European Economic Area, have a branch or permanent establishment in Germany and bear the responsibility for carrying out the film project. If the promotional advertiser or the co-producer is a legal person or a civil society of commercial law, the film institute shall contractually ensure that its managing bodies are responsible for all the obligations of the Personally, to be a member of the promotion. "

36. § 11 para. 1 lit. c is:

" (c)		In the case of production promotion within the meaning of § 2 para. 5 lit. c has to bear the subsidy on the production costs of the film project recognized by the film institute, which is not due to any of the film institutes or an Austrian local authority or any other Austrian government public-law must be financed. The share of the project shall be proportionate to the extent of the project and to the possibilities of the grant-making agent. The equity may be financed by own funds of the sponsorship, the funds transferred to the sponsorship, as well as all proceeds from pre-sales and rights guarantees and by designated license shares. Television broadcasters will be provided in so far as the resources available to them are available for the production of the project and that the transfer ensures appropriate marketing. Within the scope of the self-interest, self-benefits are in particular services which the manufacturer produces as a creative producer, production manager, director, person in a leading role or as a cameraman for the production of the film. Further recognized self-benefits and the valuation principles are to be defined in the funding guidelines (§ 14). In the case of an international co-production, the share of the production costs to be financed by the Austrian film producer shall be calculated. "

37. In Section 11 (3), the word "Community production" through the phrase "International co-production" and in section 11 (3) (3). a becomes the phrase "Community production" through the phrase "the international co-production" replaced.

38. In § 11 para. 4 lit. d will be the word "Community Producers" by "Coproducers" and in Article 11 (5) the word "Community production" by "International co-production" replaced.

39. § 11 (7) reads:

"(7) The promotion shall not apply to films made on behalf of the contract."

40. In accordance with § 11, the following § 11a including the heading is inserted:

" Rights of use of images and television rights

§ 11a. (1) Anyone who uses funding from the project film or reference film funding shall not be allowed to use the film or parts thereof for the protection of the individual processing stages before the end of the following blocking periods, either by means of an image carrier in Germany or in German language version abroad can still be evaluated or evaluated in television or in other ways:

a)		The blocking period for the evaluation of the image carrier is six months after the start of the regular film theater evaluation in Germany (regular first performance).
b)		The blocking period for the evaluation by individual access and retrieval services for individual films ("Video on Demand" and "Near-Video-on-Demand") or for a fixed film programme offer for remuneration ("pay-per-view") shall be twelve months after the regular first performance.
c)		The blocking period for the evaluation by paying TV is 18 months after the regular first performance.
d)		The blocking period for the evaluation by freely accessible television is 24 months after the regular first performance.

(2) Where film-related matters do not conflict, the Film Institute may, on the basis of a reasoned request from the manufacturer, shorten the blocking periods set out in paragraph 1. The blocking periods can be shortened as follows:

a)		for the evaluation of the image carrier up to five months after the regular first performance,
b)		for the evaluation by individual access and retrieval services for individual films or for a defined film programme bid for remuneration up to six months after the regular first performance,
c)		for the evaluation by paying television up to twelve months after the regular first performance,
d)		for the evaluation by freely accessible television up to 18 months after the regular first performance.

(3) In the event that film-related matters are not in conflict, the Supervisory Board may, in exceptional cases, shorten the blocking periods following a reasoned request by the manufacturer:

a)		for image carrier evaluation up to four months after regular first-time performance,
b)		for the evaluation by individual access and retrieval services for individual films or for a defined film programme bid for remuneration up to four months after the regular first performance,
c)		for the evaluation by paying television up to six months after the regular first performance,
d)		for the evaluation by freely accessible television up to six months after the regular first performance. For films produced with the participation of a broadcaster, the blocking period may, in exceptional cases, be shortened to six months after acceptance by the television broadcaster.

(4) The blocking periods may no longer be shortened if the evaluation of the film has already begun before the decision on the reduction of time limits has already been made in the application for the recovery.

(5) In the case of films of particular interest in the public and film industry with particularly high production costs and above-average financial participation by a broadcaster, the Film Institute may, with the consent of the Supervisory board will decide on a reduction in the closing time before the start of the shooting.

(6) If the blocking periods are violated, the grant agreement shall be revoked or withdrawn. Funds already disbursed must be recovered.

(7) The film institute may, on a case-by-case basis, depart from the measures provided for in paragraph 6, on the basis of a reasoned request from the beneficiary, if this is done in the light of the protection for the purpose of the blocking periods with regard to the nature and timing of the the evaluation and the measures taken to ensure compliance are justified. This shall apply mutagenly if the funding has not yet been approved or disbursed. The Supervisory Board can regulate details by means of a directive.

(8) A minor part of the use for advertising and promotional purposes for the funded film itself does not apply as a blocking period violation. "

41. § 12 (1) reads:

" (1) Funding for material and project development may only be used for the constitution of screenplays or filming concepts (documentary film) for films with a screening duration of at least 70 minutes (programme-filling feature films) or at least 59 minutes. (children's films) or 45 minutes (up-to-date films) if a film is to be expected, which seems suitable to improve the quality and economy of the Austrian film. In principle, subsidies shall only be granted on the basis of a reasoned request from the author together with the manufacturer. Exceptions are to be laid down in the funding guidelines (§ 14). A description of the project (short presentation with an elaborated dialogue scene) is to be attached to the substantiated request. The Film Institute can grant further funding to the manufacturer for the further development of the script. The script to be revised shall be attached to the manufacturer ' s reasoned request. The funding will be granted as non-refundable grants. "

42. § 12 para. 2 lit. a is:

" (a)		the project appears suitable, taking into account the script and the list of staff and occupations, to improve the quality of the Austrian film and to raise the technical and economic situation of the Austrian film industry , and the director is Austrian or has the nationality of another Contracting State of the Agreement on the European Economic Area. If the director is not an Austrian or a national of another Contracting State of the Agreement on the European Economic Area, funding may be granted if, apart from the screenwriter or up to two persons in a The main role, all other film-creating Austrians, or any other Contracting State of the Agreement on the European Economic Area. The Film Institute may allow exceptions to these conditions if the overall assessment of the film justifies this, in particular with regard to its economic impact both domesticly and abroad. "

43. § 12 para. 2 lit. d is:

" (d)		Production technology, studios and post-production services are used by technical service firms which have their registered office in the territory of the country or in another State Party to the Agreement on the European Economic Area, "

44. § 12 para. 2 lit. f is:

" f)		the sponsoring advertiser provides the irrevocable declaration to the Federal Government at the latest one year after the completion of the film, a new or technically flawless combined series copy (archive copy) as well as a specimen copy of the script and the Advertising material relating to the film for the purpose of documentation of the Austrian film industry, free of charge. The copies will be kept by Filmarchiv Austria for the preservation of the cinematic heritage. In addition, the sponsoring advertiser has to transfer a VHS cassette or a DVD or a copy produced in a comparable technical process free of charge to the Austrian Film Institute upon completion of the film and before the release of the cinema. "

45. According to § 12 para. 2 lit. f is the following lit. g is added:

" (g)		the manufacturer shall show that, in the contract with a co-financing broadcaster, a complete withdrawal of the rights to use television rights shall be agreed upon at the latest after seven years. On a case-by-case basis, a period of up to ten years may be agreed in the evaluation contract for the complete relapse of the television rights, in particular if the producer for the film has an above-average level of financing of the broadcaster. "

Section 14 (3) reads as follows:

" (3) The means of funding shall be used exclusively for the purpose of the specific funding. Claims for the granting or payment of funding may not be assigned or be paved. "

47. In Section 17 (2), the phrase "the creation of turning concepts and scripts" through the phrase "the substance development" to replace it.

48. § 18 (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 together with transcripts in the version of the Federal Law BGBl. I n ° 170/2004 shall be 1. Jänner 2005 in force.

(5) Within three months after entry into force of the Federal Law, BGBl. I n ° 170/2004, the Supervisory Board and the Project Commission are to be newly constituted. Until the re-constitution of the two institutions, the previous members of the Board of Trustees act as members of the Supervisory Board and the previous members of the Selection Committee as members of the Project Commission. Also for this transitional period, BGBl is in the version of the Federal Law, BGBl, for decision-making in the project commission § 6 para. 5. I No 170/2004. '

49. In accordance with § 18 (5), the following paragraph 6 is added:

"(6) All functional designations and personal expressions used in this Federal Act shall be understood to be gender-neutral."

50. The following § 19 together with the title is added:

" Enforcement

§ 19. With regard to § 5 (1) (a), (2) and (4) of each of the Federal Ministers responsible for the posting, the Federal Minister for Finance and the Federal Chancellors are responsible for the implementation of this Federal Act. "

Fischer

Bowl