Croatia

[HR] Act on Audiovisual Works

IRIS 2007-8:1/21

Nives Zvonarić

Ministry of Culture, Zagreb, Croatia

On 1 August 2007 the Act on Audiovisual Works came into effect. In compliance with the provisions of this Act, a new Croatian Audiovisual Centre should take over all business connected to Croatian film as from 1 January 2008.

One of the three bodies of the Centre is the board of directors which has five members. It runs the Centre and decides inter alia on the financial plan and the yearly revenue account; it also decides on the working plan and developments and controls their implementation. It also appoints and dismisses the general director. The general director is the manager of the Centre who organises and runs the Centre’s activities. He is the legal representative of the Centre and is responsible for the legitimacy of its work as well as for the implementation of acts and conclusions of the Board. Amongst other things, he decides on the yearly plan of the national programme implementation, fulfils decisions regarding distributions of resources according to the national programme by concluding contracts with the beneficiaries of the resources. The Croatian Audiovisual Council is composed of representatives from the Croatian Radio Television, every broadcaster with national concessions, the Croatian Movie Workers Association, the Croatian Movie Directors Association, the Croatian Producers Association, the Croatian Movie Camera Association, the National Television Association, the Cinema Broadcasters Association at the Croatian Economic Chamber, the Professional Broadcaster Association at the Croatian Economic Chamber, all cable broadcasters, all broadcasters in mobile and fixed telecommunication networks and internet providers, all institutions of higher education in the field of audiovisual work, the Croatian film archives and the Croatian Movie Association. The Council proposes the national programme to the Minister of Culture. On the basis of the director’s recommendations for open tenders for the funding of audiovisual works and complementary works according to the national programme, the Council prepares the national programme implementation plan.

It also appoints - on the director’s recommendation - artistic advisors, takes decisions on priority lists as well as about the distribution of funds etc.

Articles 16 and 17 of the Act stipulate that an artistic advisor shall be appointed in the field of audiovisual and complementary works. His task is to examine and evaluate programmes and projects submitted in open tenders. The mandate of the advisor lasts for the period of the legal validity of the decision on the distribution of funds according to the open tender for which he is appointed. The same person can be appointed to a second consecutive mandate as advisor. The artistic advisors constitute the Artistic Council, whose task is to compile priority lists with regard to the distribution of funding included in tenders. For its work the Council shall establish Rules of Procedure. The suggestions for priority lists set by the Artistic Council are reported to the Croatian Audiovisual Council.

A national programme is defined as a programme which determines the scope and methods of promotion of audiovisual works, complementary works and other activities in the field of audiovisual culture and art as well as activities connected with the participation in EU programmes and other international agreements.

Funds for the realisation of national programmes are insured by the state budget, and partly financed from the total yearly gross income realised by activities related to audiovisual work: Croatian Radio Television (2%), television broadcasters on the national level (0.8%), television broadcasters on the regional level (0.5%), cable system broadcaster (0.5%), broadcasters in mobile and fixed telecommunication networks, and Internet providers (1%), and other entities that use audiovisual works in performing economic activities (cinema operators and video activities) (0.1%).


References


This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.