Italy

[IT] New Rules Implementing the Reform of Cinema

IRIS 2004-10:1/29

Marina Benassi

Attorney at law

Three decreti ministeriali (Ministerial Decrees) have been published in the Gazzetta Ufficiale (Italian Official Gazette) of 8 October 2004. Together with six other Ministerial Decrees previously published, they implement the provisions laid down in the main Legislative Decree of 22 January 2004 (see IRIS 2004-3: 12).

The Decrees aim to provide new specific rules reforming the law on cinema in Italy. In particular, these Decrees provide rules on financial contributions towards the production, distribution and promotion of movies, rules for the composition and functioning of the newly created Commissione per la Cinematografia (Commission for Cinematography), and a list of indicators for the recognition of the status of `film-work of cultural interest', which represent a necessary condition for the eligibility of the work to financial contribution. Financing is limited to a maximum of 70% of the total cost of the movie. The management of the rights with regard to government-financed movies is in the hands of Cinecittà Holding s.p.a. The new rules offer the possibility of government co-financing for cultural interest movies made by private companies with a minimum capital of EUR 40,000. Contribution and financing can be made towards the production, distribution, promotion and exploitation of Italian-made movies and short films provided they are of cultural interest. The Commission for Cinematography is composed of 2 sub-commissions which are divided into different units dealing with various aspects, such as promotion, scenario evaluation, cultural interest evaluation and similar areas. The producer and the director will be questioned in order to decide whether a movie is eligible for financial contribution. No state contribution is possible for productions which are made solely by public entities. The commission that will decide inter alia on issues concerning `cultural interest' will be composed of film-directors, actors, experts in the field, producers, distributors, legal and financial advisors. A temporary commission will evaluate all proposals pending under the former rules.