23. 9. 2022

Representatives of the APA, ASAF, TV Nova and FTV Prima signed a Memorandum on further joint action following the implementation of the European Audiovisual Services Directive.

The APA (Association of Producers in Audiovisual), ASAF (Animation Association), TV Nova and FTV Prima signed a "Memorandum of Understanding" on Friday 23 September at the Serial Killer International TV and Online Series Festival. Namely, APA Chairman Vratislav Šlajer and APA Board Member Filip Bobinski, ASAF Board Chairman Martin Kotík, ASAF Vice-Chairman Marek Toušek, Nova CEO Klára Brachtlová and Prima CEO Marek Singer declared further joint action following the implementation of the European Audiovisual Services Directive in the interest of the development of the Czech audiovisual market.

The participants of the memorandum stated that they defend the best interests of Czech audiovisual industry, the rich audiovisual cultural offer for the Czech audience, the international competitiveness of Czech audiovisual industry and the related strengthening of the Czech Republic's reputation abroad. They are thus aware that a diverse cultural offer is only possible in a diverse and free market where competition between creators, independent producers and broadcasters meets.

The Memorandum is the result of ongoing negotiations between the above-mentioned bodies, which began during the process of implementing the European Audiovisual Media Services Directive (AVMSD). It also expresses an interest in moving forward together and co-creating the terms of the legislative framework. All stakeholders welcome the planned extension of grant support for the production of cinematographic works by the State Cinematography Fund to the production of audiovisual works intended primarily for television broadcasting and VOD services and call for ensuring the stability of the system of film incentives. They are also interested in maintaining the dual system of television broadcasters.

Among other things, the AVMSD prescribes that the Member States of the European Union set certain minimum quotas for the content of independent producers or producers included in the programming of broadcasters and VOD platform operators. The participants in the Memorandum wish to find consensus on a uniform interpretation of the term 'independent producer'. They thus agreed to make efforts to find a consensus on the definition of producers independent of broadcasters. In doing so, they will take into account criteria such as the ownership of the production company, the number of programmes provided to the same broadcaster and the ownership of secondary rights, i.e. that the independent producer owns part of the rights to use the audiovisual work or shares in the revenues from its use, in relation to his contribution to the creation of the work.

They also undertook to negotiate in good faith and to conclude within six months at the latest an extended Memorandum of Understanding setting out the minimum conditions under which a work produced in collaboration between a broadcaster and a producer will be considered a 'work produced by an independent producer' within the meaning of the AVMSD. These conditions will be updated at least once a year in the light of market developments.

The agreement also includes a commitment to cooperate in the preparation of legislation on important issues for the entire domestic audiovisual industry, namely: non-discriminatory setting of conditions for contributions of VOD platforms to the State Cinematography Fund (or direct investment in Czech audiovisual content), transformation of the SFK and setting non-discriminatory and effective rules for the provision of film incentives.

Source: mediaguru.cz