Spain

[ES] New Cinema Act

IRIS 2008-4:1/18

Laura Marcos & Enric Enrich

Enrich Advocats - Barcelona

On 28 December 2007, the Spanish Parliament finally approved the Ley 55/2007 de 28 de diciembre, del Cine (Cinema Act).

After many discussions and negotiations, this controversial act has been passed by general consensus, including five of the six amendments introduced by the Senate. The final text includes most of the changes that were introduced in the proposed law.

The most controversial amendment requires that, in order to be considered a Spanish production, 75% of a film’s cast must be either Spanish or from another EU member state, and that, in any case, the director must be Spanish or European. This last requirement has been the subject of discussion, as, previously, a film could be considered to be a Spanish production as long as 75% of the cast were Spanish or European, independent of the director’s nationality.

It is also worth highlighting some of the other amendments, such as the screen quotas, which impose the screening of a specific percentage of European films, but also introduce a measure of flexibility, as they are to be calculated on the basis of schedules and not of days.

Another measure that can be noted, is the fact that TV channels shall be obliged to invest only 5% of their gross income into the production of European films, and not 6%, as had been initially proposed.

Finally, it is worth mentioning the rule requiring the creation, in 2009, of a specific fund for cinema in the co-official Spanish languages. The maximum funds for this project will be 11 million euro per year, provided by the General Budget, as well as those of each Autonomous Community with its own language.