Germany

[DE] Parliament Votes for Amendment of Film Subsidies Act

IRIS 2009-1:1/14

Anne Yliniva-Hoffmann

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

On 13 November 2008, the Bundestag (lower house of parliament) voted in favour of the draft amendment of the Filmförderungsgesetz (Film Subsidies Act - FFG). The amendment aims to improve the structure of the German film industry, to strengthen the German film industry as an economic and cultural asset and to further develop quality and diversity. Film subsidies are an important means of achieving these objectives.

The reforms particularly reflect a desire to optimise financial provision, especially by increasing sales promotion, and to bring the Act into line with technical advances, primarily by adopting the measures outlined below.

- Film exploitation will be accelerated as a result of the shortening of blocking periods between cinema release and use via other platforms. For example, Art. 20 FFG reduces the minimum periods for pay-TV exploitation from 18 months to 12 and that for free-to-air television from 24 months to 18.

- Furthermore, Arts. 56 and 56a FFG require a significant increase in the funding available for sales promotion. Film lending and rental will be particularly supported as a result of this measure.

- In order to take into account rapid technical advances, particularly where the Internet is concerned, from next year video-on-demand providers will be required, under Art. 66a para. 2 FFG, to pay film subsidy contributions, as is already the case for traditional forms of exploitation.