Austria

[AT] Film Support Act, as Amended to 2005

IRIS 2005-1:1/43

Anne Yliniva-Hoffmann

Institute of European Media Law (EMR), Saarbrücken/Brussels

The Austrian Filmförderungsgesetz (Film Support Act - FiFöG), as amended to 2005, is the result of a comprehensive reform of the law governing aid for the film industry, the principal aim of which was the internationalisation of film production and marketing in Austria (see IRIS 2005-3/6).

The Act first of all contains provisions on the Österreichisches Film Institut (Austrian Film Institute). As a federal film support agency, its tasks and objectives include providing support for the production, marketing and distribution of Austrian films at national and international level, the promotion of young film-makers, support for Austrian-foreign co-productions and co-operation between the film industry and television broadcasters. The support should be in the form of financial grants and expert organisational assistance and depend on the cultural and economic prospects of the project concerned (sections1 and 2 FiFöG). Pursuant to section 3 FiFöG, the Film Institute is mainly financed by Federal Government grants and loan repayments. The organs of the Film Institute are the Supervisory Board, the Project Commission and the Director and their constitution and tasks are regulated by sections 4-7 FiFöG: The Supervisory Board is made up of representatives of the Federal Chancellery, the ministries involved and the relevant professional associations and lobby groups and its main responsibilities are the issue of guidelines and decisions on granting support. The Project Commission consists of the Director and four expert members with practical experience and has the task of selecting the projects worth supporting from among those submitted. The Director is appointed by the Federal Chancellery for a maximum of five years and must be an Austrian citizen and an expert on the film industry. He/She represents the Film Institute in dealings with the outside world and conducts its business. Responsibility for supervising the Film Institute lies with the Chancellor (section 9 FiFöG).

Section 2a FiFöG provides for the establishment of the Österreichischer Filmrat (Austrian Film Council) as an advisory body. It is chaired by the Chancellor. Other members include representatives of a number of professional associations, the provinces, ORF and private broadcasters and the regulatory authority Rundfunk & Telekom Regulierungsbehörde (RTR). The Film Council’s main task is to advise the Federal Government on issues relevant to film-making, make recommendations and co-ordinate the activities of those involved.

Section 11 FiFöG governs the conditions for granting support. It provides that applications may be made by Austrian nationals domiciled in Austria and legal entities that have their head office, a branch or business premises in Austria. The film to be given support must be Austrian, an Austrian-foreign co-production or - subject to specific cultural and economic conditions - a foreign film with only Austrian financial participation.

The conditions and formal requirements for granting support must be regulated by the guidelines to be decided by the Supervisory Board and published (section 14 FiFöG).