The Government gives the green light to the new Film Law: these are the keys and how it affects films and series

The Council of Ministers has approved today the Project of Cinema and Audiovisual Culture Law, as well as has requested its parliamentary processing by the urgent procedure; a new text that reforms the current law of 15 years ago and that “strengthens” the entire chain of this sector.

At the proposal of the First Vice President and Minister of Economic Affairs and Digital Transformation, Nadia Calvinoand the Minister of Culture and Sports, miquel iceta, this new standard is contemplated within the “Plan Spain, Audiovisual Hub of Europe” and aims to promote and promote the production, distribution and exhibition of audiovisual works; in addition to establishing both conditions that favor its creation and promotion, as well as measures for the protection and dissemination of Spanish cinematographic and audiovisual heritage.

The main one of its objectives is “strengthen the entire value chain of the creative and industrial fabric”, with special attention to the independent sectors as they constitute “essential elements of cultural diversity”.

Likewise, it tries to support the authors and authors, and the full exercise of intellectual property rights. It also intends to promote mechanisms that improve competitiveness of companies and professionals in the international environment.

As a novelty, the law remains with the same definition as the previous one, that is, it will be considered independent producer to the physical or legal person who carries out the activity of cinematographic or audiovisual distribution if it meets two requirements.

On the one hand, the fact that it is not majority-owned by a company with non-EU capital, nor does it depend on it based on its executive bodies, its shareholders, its decision-making capacity or its business strategy.

And on the other that is not majority owned by an audiovisual communication service provider, by a communication group or by public capital, whether or not they have a community character, nor do they depend on them based on their executive bodies, their shareholders, their ability to decision or your business strategy. These same requirements are also held by independent international sales agents.

The focus given to the language of motion pictures and other audiovisual works in the regulation of nationality is broadened. Thus, in addition to referring to any of the Spanish official languagesincludes the statutorily recognized languages by the Autonomous Communities, as well as the Spanish sign languages legally recognized.

With regard to support for movie theaters, all movie theaters will be able to access aid for screening, although special attention will be paid to independent theaters or those in rural areas.

The bill pays special attention to real equality between men and women, through specific reserves in the endowments of the different lines of aid. For example, the reserve of 35% of the endowment of production aid reserved for women through aid orders, it now becomes an obligation included in the Law that all production aids must comply with.

It also keeps the screen share (the percentage that exhibitors have to reserve for national and European cinema): it goes from 25% to twenty%, and includes Latin American cinema and cinema directed by women.

And, among other novelties, it includes the creation of the State Council for Cinematography and Audiovisual Culture, within a period of six months from the entry into force of the Law; and the Spanish Film Library is classified as an Asset of Cultural Interest (BIC).

The keys of the law

– Definition of independent producer: the new standard remains with the same definition as the previous one, that is, an independent producer will be considered a natural or legal person who carries out the activity of cinematographic or audiovisual distribution if it meets two requirements.

1.- The fact that it is not majority-owned by a company with non-EU capital, nor does it depend on it based on its executive bodies, its shareholders, its decision-making capacity or its business strategy.

2.- And that it is not majority owned by an audiovisual communication service provider, by a communication group or by public capital, whether or not they have a community character, nor do they depend on them based on their executive bodies, their shareholders, their decision-making capacity or business strategy. These same requirements are also held by independent international sales agents.

– The concept of “audiovisual culture” together with “cinema”, since it is understood that the cinematographic activity and the audiovisual activity constitute “a unit that integrates the specificities of the different means of exploitation and dissemination of audiovisual works”.

– It will be understood by Ibero-American work all Spanish, Portuguese works and those that are considered national by a Latin American State that is a member of the Conference of Audiovisual and Cinematographic Authorities of Ibero-America (CAACI).

– The focus given to the language of motion pictures and other audiovisual works in the regulation of nationality is broadened. Thus, in addition to referring to any of the official Spanish languages, it includes the languages ​​statutorily recognized by the Autonomous Communities, as well as the legally recognized Spanish sign languages.

– It is considered necessary support 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; o new formats, new technologies and R+D+i activities; or heritage conservation.

– Also as a novelty, the law considers that the Cinematography and Audiovisual Protection Fund “will always reserve” a “significant percentage” of its endowment “exclusive” for cinematographic activity, even if it includes other audiovisual forms, such as series.

– The reserve of 35% of the allocation of production aid reserved for women through aid orders, now becomes an obligation contained in the law that all production aids must comply with.

– It will be a requirement to access aid for feature films and distribution that companies that aspire to be beneficiaries of public aid comply with the job reservation fee for people with disabilitiesif applicable.

– Cinematographic films produced directly by audiovisual communication service providers, those fully financed by public administrations, those that have essentially advertising content and those of political propaganda or those that have obtained the qualification will not be able to benefit from the aid provided for in this law. of film X

– With regard to movie theaters, all of them will be able to access the exhibition aid, although special attention will be paid to independent theaters or those in rural areas. In addition, with this new regulation, the percentage that must be reserved for national and European cinema goes from 25 to 20%, and includes Latin American cinema and films directed by women.

– The Audiovisual and Cinematographic Heritage is included as part of the Spanish Historical Heritage and the Spanish film library is qualified as well of cultural interest (B.I.C.).

– In the regulatory bases or calls for aid, access requirements may be established to avoid situations of competitive disadvantage between companies and distortion in the market, as well as reserves depending on the type of project and a specific assessment for them. In any case, the projects of independent production companies based in the Canary Islands will be specifically valued.

– The specific obligation of the Institute of Cinematography and Audiovisual Arts (ICAA) to periodically prepare and publish a strategic plan for cinematography and audiovisual culture, as well as annual reports on the measures promoted and their results.

– The platforms will have to declare their viewing data for audiovisual works, just like the exhibition halls do.

– The State Council for Cinematography and Audiovisual Culture is created in order to strengthen public-private cooperation and establish public policies, audiovisual literacy or heritage, among others.