Tag Archives: Film industry

European cinema: opportunities and challenges in the digital era

European cinema: opportunities and challenges in the digital era

Outline of the Community (European Union) legislation about European cinema: opportunities and challenges in the digital era

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

European cinema: opportunities and challenges in the digital era

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 24 September 2010 on opportunities and challenges for European cinema in the digital era [COM(2010) 487 final – Not published in the Official Journal].

Summary

This Communication sets out the strategy developed by the European Commission to help European cinema owners in the transition to digital cinema.

Obstacles to developing digital cinema

The European cinema market is very mixed. It includes different language zones and many different operators. This diversity can make it more difficult for global deals or national roll-outs to be implemented.

Another obstacle lies in the limited levels of activity in many European cinemas. 31% of European screens are in single-screen cinemas while only 10% of European cinemas are multiplexes. In view of the higher costs of digital equipment, this situation makes the digitisation process harder.

Investment in digital equipment has to be borne by exhibitors, but savings will be made by distributors thanks to the lower cost of digital copies. Investment in very expensive digital equipment may prove to be economically unviable for a number of cinemas, particularly independent or arthouse cinemas.

Finally, a consequence of digitisation will be staff redundancy for projectionists and laboratory technicians. In order to limit the social consequences of the cinema digitisation process, the transition period needs to be carefully managed and significant funding should be allocated for training professionals.

Standardisation and equipment needed for digital transition

The International Organization for Standardisation (IOS) is considering standardising the equipment needed for digital transition based on the model developed by the Digital Cinema Initiative (DCI). This model is based on (among others) “2k” resolution (a resolution of 2048×1080) or “4k” (a resolution of 4096×2160 for screens over 15 metres), and the introduction of the JPEG 2000 format using digital technologies such as HDTV Broadcast, Blu-Ray and video-on-demand. However, 2k equipment is very expensive and European cinemas will not reap short-term benefits from it, except perhaps those that screen 3D films.

Over 80% of European screens are less than 10 metres wide. For this type of screen, it is possible to use projectors with a lower resolution as the quality is more than sufficient and they are less expensive than 2k equipment. However, studios would need to agree to this type of technology being used to screen their films.

The EU shall seize the opportunities offered by the standardisation process in order to obtain the flexibility needed to enable all viable cinemas in Europe to use digital projection.

Possible financing models

Distributors can sign agreements with “integrators” who finance the acquisition of digital cinema equipment on behalf of exhibitors. These intermediaries then collect the distributors’ contribution to repay part of the investment made. However, this VPF (Virtual Print Fee) model may prove to be unsuitable for smaller and arthouse cinemas, and may have an impact on the programming freedom of exhibitors.

Member States or regions may also co-finance cinema digitisation projects using the EU’s Structural Funds through projects linked with urban regeneration, rural diversification, cultural tourism or the information society and human capital, in particular.

Furthermore, arthouse or smaller cinemas could group together and “mutualise” their costs in order to access private investment or European funds, subject to compliance with European competition rules. In addition, they may benefit from State aid for culture and heritage conservation.

Possible intervention at EU level

EU intervention accompanying digital transition will be carried out in accordance with:

  • Article 167 of the TFEU;
  • the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions;

and will take account of the funds available from:

  • the MEDIA Programme;
  • the European Investment Bank (EIB).

The MEDIA Programme is a useful tool in that it:

  • provides a training scheme for professionals;
  • sets digital technology objectives in the field of distribution and dissemination;
  • offers the possibility to create a new action specifically aimed at the digital transition of European cinemas.

Action envisaged by the European Commission between now and 2012 to accompany the transition to digital cinema projection for European cinemas includes:

  • a report on the adoption of digital cinema projection standards;
  • a study on the costs of digital equipment;
  • a Recommendation on promoting digitisation of European cinema;
  • a Communication on appropriate criteria for assessing State aid for digital projection.

Media literacy in the digital environment

Media literacy in the digital environment

Outline of the Community (European Union) legislation about Media literacy in the digital environment

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Audiovisual and media

Media literacy in the digital environment

Document or Iniciative

Commission Recommendation 2009/625/EC of 20 August 2009 on media literacy in the digital environment for a more competitive audiovisual and content industry and an inclusive knowledge society.

Summary

This Recommendation aims to increase media literacy in the digital environment in order to achieve a more competitive knowledge economy while contributing towards a more inclusive information society.

Definition

Media literacy is defined as the ability to access the media, and to understand and critically evaluate different aspects of the media and media content. Media literacy also includes the ability to communicate in a variety of contexts.

Barriers

There are still many barriers to the development of media literacy at European level. Member States still lack a shared vision in this area. In addition, the lack of visibility of national, regional and local initiatives in this area makes it more difficult to foster European networks. Consequently, for the moment, there is no coordination between stakeholders.

Challenges

Media literacy should enable European citizens to better understand and analyse the media messages and content they encounter and to acquire the skills which will enable them to play their role of citizen fully.

It may also contribute to safeguarding the pluralism and independence of the media. It permits the expression of diverse opinions from different social groups and promotes the development of the values of tolerance and dialogue.

Media literacy also plays an important role in enhancing awareness of the European audiovisual heritage and cultural identities. In fact, it helps to increase knowledge of and interest in recent European cultural works.

Faced with these challenges, the European Commission proposes encouraging research projects on media literacy in the framework of existing programmes.

Recommended action

Member States are invited to develop and implement co-regulatory initiatives leading to the adoption of codes of conduct relating to the European media.

It is important to promote and finance research, studies and projects covering the different aspects and dimensions of media literacy in the digital environment.

Member States are also encouraged to organise debates in conferences and public events with a view to the inclusion of media literacy in the education curriculum and as part of the provision of key competences for lifelong learning.

Member States should also implement national campaigns to raise public awareness of cultural heritage, as well as training to raise awareness of the risks involved in processing personal data through information and communication networks.

Moreover, the Media Industry is invited to suggest tools for improving the level of media literacy, such as:

  • information tools relating to digital content and search engines;
  • awareness-raising campaigns about techniques used for commercial communication purposes (product placement and online advertising);
  • information packs for young people on the processing of personal data;
  • information days on the creative economy and copyright.

Background

The Commission Communication of December 2007 on ‘A European approach to media literacy in the digital environment’ emphasised the importance of media literacy in relation to commercial communication, audiovisual works and digital content. A better level of media literacy would contribute towards the objectives that the European Union set for itself in Lisbon and in the context of the i2010 initiative.

Orphan works

Orphan works

Outline of the Community (European Union) legislation about Orphan works

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Businesses in the internal market > Intellectual property

Orphan works

Proposal

Proposal for a Directive of the European Parliament and of the Council of 24 May 2011 on certain permitted uses of orphan works [COM(2011) 289 final – Not published in the Official Journal].

Summary

This Proposal establishes a legal framework concerning orphan works * taking the form of:

  • books, journals, newspapers, magazines or other writings;
  • cinematographic or audiovisual works contained in the collections of film heritage institutions;
  • cinematographic, audio or audiovisual works belonging to the archives of public service broadcasting organisations.

It applies to all works which are protected by the Member States’ legislation in the field of copyright.

This Proposal defines the conditions governing the use of orphan works by:

  • publicly accessible libraries;
  • publicly accessible educational establishments;
  • publicly accessible museums;
  • archives;
  • film heritage institutions;
  • public service broadcasting organisations.

What are the parameters for identifying an orphan work?

The organisations referred to above are required to carry out a diligent search to identify and locate the copyright holder of a work through appropriate sources. These sources are determined by Member States, in consultation with rightholders and users. In particular, they may take the form of:

  • legal deposits;
  • databases of the relevant collecting societies;
  • indexes and catalogues from library holdings and collections;
  • publishers associations in the respective country.

The results of diligent searches must be recorded in a publicly accessible database.

Where the rightholders are not identified or located following a diligent search, a work is considered an orphan work and is recognised as such in all other Member States. The copyright holder nevertheless has the possibility of putting an end to the orphan status at any time.

What types of uses of orphan works are permitted?

Publicly accessible libraries, educational establishments and museums, archives, film heritage institutions and public service broadcasting organisations are obliged to use orphan works for a public interest purpose which includes activities such as:

  • the preservation and restoration of the works contained in their collection;
  • the provision of cultural and educational access to those works.

Organisations are obliged to maintain records of diligent searches carried out and publicly accessible records of their use of orphan works.

However, these organisations may be authorised by Member States to use an orphan work for a purpose other than that of the public interest, provided they remunerate rightholders who put an end to the work’s orphan status.

Context

This Proposal follows the Recommendation on the online digitisation of cultural heritage published in 2006 which invited Member States to equip themselves with legislation on orphan works, an invitation that few of them took up. It is also in line with the objectives of the Digital Agenda for Europe.

Key terms of the Act
  • Orphan work: a work whose rightholder has not been identified or, even if identified, has not been located after a diligent search for the rightholder has been carried out and recorded.

Reference

Proposal Official Journal Procedure

COM(2011) 289

2011/0136/COD


Another Normative about Orphan works

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Information society > Data protection copyright and related rights

Orphan works

Proposal

Proposal for a Directive of the European Parliament and of the Council of 24 May 2011 on certain permitted uses of orphan works [COM(2011) 289 final – Not published in the Official Journal].

Summary

This Proposal establishes a legal framework concerning orphan works
* taking the form of:

  • books, journals, newspapers, magazines or other writings;
  • cinematographic or audiovisual works contained in the collections of film heritage institutions;
  • cinematographic, audio or audiovisual works belonging to the archives of public service broadcasting organisations.

It applies to all works which are protected by the Member States’ legislation in the field of copyright.

This Proposal defines the conditions governing the use of orphan works by:

  • publicly accessible libraries;
  • publicly accessible educational establishments;
  • publicly accessible museums;
  • archives;
  • film heritage institutions;
  • public service broadcasting organisations.

What are the parameters for identifying an orphan work?

The organisations referred to above are required to carry out a diligent search to identify and locate the copyright holder of a work through appropriate sources. These sources are determined by Member States, in consultation with rightholders and users. In particular, they may take the form of:

  • legal deposits;
  • databases of the relevant collecting societies;
  • indexes and catalogues from library holdings and collections;
  • publishers associations in the respective country.

The results of diligent searches must be recorded in a publicly accessible database.

Where the rightholders are not identified or located following a diligent search, a work is considered an orphan work and is recognised as such in all other Member States. The copyright holder nevertheless has the possibility of putting an end to the orphan status at any time.

What types of uses of orphan works are permitted?

Publicly accessible libraries, educational establishments and museums, archives, film heritage institutions and public service broadcasting organisations are obliged to use orphan works for a public interest purpose which includes activities such as:

  • the preservation and restoration of the works contained in their collection;
  • the provision of cultural and educational access to those works.

Organisations are obliged to maintain records of diligent searches carried out and publicly accessible records of their use of orphan works.

However, these organisations may be authorised by Member States to use an orphan work for a purpose other than that of the public interest, provided they remunerate rightholders who put an end to the work’s orphan status.

Context

This Proposal follows the Recommendation on the online digitisation of cultural heritage published in 2006 which invited Member States to equip themselves with legislation on orphan works, an invitation that few of them took up. It is also in line with the objectives of the Digital Agenda for Europe.

Key terms of the Act
  • Orphan work: a work whose rightholder has not been identified or, even if identified, has not been located after a diligent search for the rightholder has been carried out and recorded.

Reference

Proposal Official Journal Procedure

COM(2011) 289

2011/0136/COD