Independent production and platforms: pillars of the Cinema Law

The Government has approved the long-awaited Cinema and Audiovisual Culture Law, which stands out for adopting the definition of independent production company proposed by the industry and for expanding its scope to new “distribution, exploitation and dissemination” services.

The new standard, which is contemplated within the Spain Plan, Audiovisual Hub of Europe, aims to promote and encourage the production, distribution and exhibition of audiovisual works; In addition to establishing both conditions that favor its creation and promotion, like measures for the protection and dissemination of Spanish cinematographic and audiovisual heritage.

The Law of Cinema and Audiovisual Culture adapts to the advances and transformations that the sector has experienced since the law came into effect. Current law in 2007, aligning with the European regulations on subject. In this period, the executive identifies that “new content and distribution, exploitation and dissemination services” have been incorporated, which is why it has been decided to expand the field of regulatory action to the audiovisual sector as a whole, without prejudice to the fact that cinematographic activity continues to maintain a special level of attention and protection.

Independent production

The Cinema Law stands out for its commitment to independent sectors and creative autonomy. In line with this approach, it maintains the definition of independent producer demanded by the sector, which will mean that “the allocation of the aid calls will be allocated mainly to independent production companies, and not to the obligations included in the Audiovisual Communication Law,” the executive himself emphasizes.

Likewise, the standard supports the transversality expanding its scope to all phases of creation and promotion of a project (writing, development, pre-production, distribution...), as well as supporting the exhibition; internationalization; the organization of festivals, awards, markets and professional events; research projects, cinematographic and audiovisual literacy and audience creation; training activities; new formats, new technologies and R&D&i activities; or heritage conservation.

Also new, the Law considers that the Cinematography and Audiovisual Protection Fund will always reserve a significant percentage of its endowment exclusively for cinematographic activity, even if it includes other audiovisual forms, such as series.

Diversity, support for venues, heritage and platforms

The Film and Audiovisual Culture Law emphasizes the promotion of cinematography and audiovisual in official languages other than Spanish. Likewise, the 35% reservation of the provision of production aid reserved for women through aid orders now becomes a obligation included in the Law that all production aid must comply with, and it will be a requirement for production aid. feature films and distribution the incorporation of accessibility systems. Likewise, companies that aspire to be beneficiaries of public aid must comply with the job reservation quota for people with disabilities.

Regarding support for movie theaters, all movie theaters will be able to access exhibition aid, although special attention will be maintained to the independent rooms or rural centers. It also maintains the screen share (the percentage that exhibitors must reserve for national and European cinema): goes from 25% to 20%, and includes Latin American cinema and cinema directed by women.

The Law also emphasizes the importance of protection and dissemination of cinematographic and audiovisual heritage. To this end, Law 16/1985, of June 25, on Spanish Historical Heritage, is modified to expressly include Audiovisual and Cinematographic Heritage as a member of the Spanish Historical Heritage. The Spanish Film Archive will now be classified as Asset of Cultural Interest (BIC) and, in addition to contemplating the creation of specific aid for the conservation of audiovisual heritage, it is determined that the beneficiaries of public aid must deliver to Spanish Film Archive the necessary materials for the best conservation of heritage.

On the other hand, the new standard indicates that the companies providing the security service audiovisual communication (platforms) must contribute viewing data of audiovisual works, just as exhibition halls do. The regulatory regulation of the system will determine the temporal, geographic and business volume scopes to provide viewing data. This project will be carried out through a commission in which you will participate, together with the ICAA, the National Markets and Competition Commission.

New State Council of Cinematography and Audiovisual Culture

In favor of “public-private cooperation”, the new Film and Audiovisual Culture Law contemplates the creation of State Council of Cinematography and Audiovisual Culture within six months from the entry into force of the Ley.

It is Advice It is defined as “a tool for dialogue, communication and cooperation in the field of cinematography and audiovisual culture” composed of representatives of associations and organizations of the sectors, from the state, regional and local administration, and members of recognized prestige who will address issues of public policies, audiovisual literacy or heritage, among others.