Poland

[PL] Draft Act on Cinematography

IRIS 2004-3:1/30

Małgorzata Pęk

National Broadcasting Council of Poland

On 24 September 2003, the Government sent a draft Act on cinematography to Parliament, which held the first reading of it on 10 December 2003. After the reading the draft was sent to the Commission for Culture and Mass Media, which began its consultations at its meeting on 6 January 2004.

Taking into account that currently that the Act of 16 July 1987 (with subsequent amendments) regulating the cinematographic sector is not suited to the new market conditions, the government proposed a completely new, comprehensive draft bill. It is argued that it has as its main objective a change in the way cinematography is currently organised: adjusting to market conditions, not forgetting the necessity to financially support non-commercial, ambitious productions and creating conditions for the development of Polish film with mechanisms similar to those existing in other European countries. The draft also provides that commercial enterprises of the film industry (cinema owners and distributors selling film copies in tangible form) will have deductions made from the profits of the film.

An important change concerns the proposal for the creation of the Film Art Institute, that would be a State legal person, supervised by the Minister of Culture. The Institute's competences would be quite considerable and broad: firstly, to inspire and contribute to the development of all kinds of Polish film creativity and to the preparation of film projects, production, distribution and making available of film to the public; secondly, to support the activities aiming at popularisation of both Polish and world (especially European) film art; thirdly, to support the artistic development of young filmmakers; fourthly, to promote Polish film art; and, finally, to create conditions for the development of Polish film production. The Institute is supposed to co-operate with administrative bodies. Its revenues consist of (among others): grants from the State budget, revenues from the exploitation of films whose economic rights belong to the Institute, revenues from the Institute's property and its commercial activity and the aforementioned quotas (percentages from revenues) from enterprises operating theatres and enterprises selling film copies. The revenues should be used for the realisation of the tasks described in the bill.

The bill recognises that the collection, protection and popularisation of national heritage in the field of cinematography belongs to the ­ already existing ­ National Film Archives Filmoteka Narodowa, whose duties are also specified in the bill.