Edito New tools, new contents From hieroglyphs to alphabets, illustrated bibles to the printing press, paint to photography, moving photographs to feature films, sound, the phonograph to the compact disc, colour, radio, television, VHS, DVD, each new change in the production process or the distribution system has brought change in content. The internet will not be the first exception. Social media is changing the way that audiences respond to content, a content which increasingly is being watched on screens other than the television screen. Language hasn t yet caught up. We know what cinema is and what television is but production made for direct distribution on the internet doesn t exactly trip off the tongue. So, five years after it has all started, we re inventing new words. Audiovisual production made for first distribution on the internet is called web drama, internet tv, online video, netprod. More is surely to follow. The advertising industry is fastest into the gap. Surprisingly so, original programming has started to use old TV economic models, wrapping its programs around the advertising, the goal is to get a brand, the thinking mode is GRP. Branded programs are the only programs where anything like significant funds are being invested. While nobody or almost nobody watches branded entertainment, brands continue to sink large budgets into creating content that is inferior to programming written by writers. Of course the involvement of the advertising industry brings the usual panoply of problems all of which we rehearsed in the rather poor debate on product placement and it creates new gatekeepers and formulaic content requirements. How can we involve other players in netprod? Well, in Europe, where we complain a lot but actually get some very good things done, there is a provision in the Treaty on the Functioning of the European Union which allows that, in order to protect cultural diversity, public funds can be invested in film and television production. As a recent publication from the European Audiovisual Observatory points out, that state aid amounts to more than 2 billion a year. Shouldn t some of that go to original web drama? And what about alternative models like subscription, crowdsourcing, etc? Among web storytellers, the word seems to be : first make it, then monetize it. But be there. Modes and future of digital programming and distribution web series, immersive technology, transmedia storytelling, multiple platforms and second screen content experiences, interactive are beckoning. The world is changing. And we are there. Christina Kallas, President of Federation of Screenwriters in Europe Join us on Facebook! You want to be regularly informed on FSE activities? Follow us on the FSE official page on Facebook! 1
In this issue Contents Edito by Christina Kallas Audiovisual Production for the net Marseille Web Fest Digital challenge for movie theatres Why Discuss Network Neutrality? Federation of Screenwriters in Europe European Audiovisual Policy Green Paper State Aid Film Heritage and Orphan Works Short news Copyright / Collective Bargaining Neelie Kroes s speech at Avignon US : WGAE protests against ITV EU : the Greens position on buyout contracts Freelancers protest against unfair contracts Screenwriting events Second Meeting of Spanish Scriptwriters Script Forum Poland Awards Cross-boarder screenwriting laboratory Board members Christina Kallas (President) Sven Baldvinsson (Vice-President) Stanislav Semerdjiev (Treasurer) Robert Taylor (Administrator) Marta Raventos Pedret (Administrator) The Federation of Screenwriters in Europe (FSE) is the voice of almost 7,000 professional writers of the audiovisual sector at European level. Created in June 2001, it is a network of national and regional associations, guilds and unions of writers for the screen. In 2011, it comprises 25 members from 19 European countries. The common concerns of European writers are reflected in policy documents : the FSE Policy Paper, published in December 2007; the European Screenwriters Manifesto, launched in November 2006 and the Founding Charter of the FSE, written in June 2001. The FSE is monitoring European debates and legislative issues. The FSE launches campaigns in favour of screenwriters rights, collaborates with other creators groups on joint campaigns and seeks constructive dialogue with the other creative forces of the audiovisual sector. It organizes major events where screenwriters debate on the new challenges of their profession (First World Conference of Screenwriters, Athens, 2009; European Conference of Screenwriters, Thessaloniki, 2006; RISE festival, Strasbourg, 2004). The FSE is also active at international level, works closely with the International Affiliation of Writers Guilds (IAWG) and keeps contacts with other writers organisations around the world. Executive Officer David Kavanagh Manager Amélie Clément info@scenaristes.org Visit www.scenaristes.org 2
Audiovisual Production for the net FSE believes that insufficient attention is paid in the Green Paper to the most exciting prospect for a possible digital single market, which is production designed and produced directly for distribution on the net. In FSE s contribution to consultation on the Green Paper on the online distribution of audiovisual works in the EU First festival in Europe dedicated to fiction web series Marseille, France, hosted the first edition of the new International festival of fiction web series on 14-15 October. Marseille Web Fest proposed a selection of 22 web-series from all over the world (you can watch trailers and episodes of these productions from the list of films available on the website and a range of panels to discuss another way of making films, writing them, shooting them, but also financing and broadcasting them. Listen for example to Michael Ajawke, founder and executive director of Los Angeles Web Fest, a partner of the event, or to screenwriter and producer Pamela Wallace. New Media Writing Award at WGA Since last year, the Writers Guild of America (WGA) created a new category for its annual awards, the New Media Writing Award. The call for entries 2012 is now over. The winners of the award for Outstanding Achievement in Original New Media and Derivative New Media will be announced at the Annual Awards Event on 19 February 2012. Digital challenge for movie theatres During the International Rome Film Festival (27 Oct 4 Nov), MEDIA Desk Italia celebrated the 20th anniversary of the MEDIA programme by organising a conference on the European audiovisual industry focusing on the opportunities offered by the new technologies and future European financing schemes. Andrea Garello, member of SATC, the Italian guild of screenwriters, attended the meeting and reports : Elisabetta Brunella, general secretary of MEDIA SELLS, depicted a very detailed picture of the digitalization of cinema theaters in Europe. In a year, half of the European theaters will be digital and the American majors are planning to fully switch to digital by the same period. Switching to digital proved to be a major boost for the comeback of a previously lost audience, above all thanks to the 3D, but beneath this good news lies a double danger. First danger : operators left behind Switching to digital means a high cost for the operators. Even though the sheer price of projectors dropped, many correlated costs raised : a digital screen needs a complex device to screen at 2K standard, with a price averaging 3
Audiovisual Production for the net between 75.000 to 170.000 for a single screen. Looking at the data we can see that the digital screens are the majority in multiplex and megaplex (89 %), while only 11 % in classic single theaters. Why such a big difference? Simply because investing in many devices lowers the costs. But there s also a limit to the budget for upgrading to new technologies. While some theaters just upgraded to 2K tech, 4K is already at the door with laser tech closely following. It s simply impossible for many theaters to keep up with such a tech race, meaning a substantial upgrade every two years. Second danger : damage to European Cinema If half of the theaters will stay with analogical technology while the other half will go digital, what the European producers will do? The majority of the European Cinema is still analogical, that means European producers will have to bear the costs of two different kinds of distribution, one for analogical and one for digital theaters; in the meantime the American majors will save money investing only in one and more advanced technology. This will lead to widen the gap in distribution between cultural and commercial cinema. There are no solutions at hand, aside setting a low tech HD standard for the European theaters, the same technology we already use at home in our living rooms. Maybe the only real solution will be a synergy with public investments, a very optimistic one to say the least. Why Discuss Network Neutrality? Taking an early interest in the issue, FSE already wrote about net neutrality in its newsletters (see June 2011 issue), and in particular on the occasion of the consultation launched by the European Commission on the Open Internet and Net Neutrality in Europe, to which the FSE replied. In its brief document FSE supported the concept of net neutrality and argued that multinational conglomerates should not be able to buy any kind of preferential treatment on the internet that would disadvantage small innovative production companies or creative individuals trying to reach new audiences through distribution on the internet. The European Audiovisual Observatory recently published a comprehensive analysis of the current debate on network neutrality in Europe, including developments in the USA, where the debate started much earlier. Documentation A selection of articles from Cineuropa Google considering the business of pay TV Make way for Wecoop, a new way of producing content Digital : Opportunity for change, Microcinema leads the way Cinema and cross-media: adapt or disappear? The same issue was also discussed by the European network Les Rencontres, gathering European cities and regions for culture, met on 27-30 October in Postdam to discuss the role of local and regional authorities in the digital transition in cinema industry. Digital Monitor: the new audience is guided by the web and interested in VOD contents and tablets 4
European Audiovisual Policy The European Commission is having a heavy agenda on policies directly related to the audiovisual sector or indirectly impacting some important areas of it and, consequently, the creative work, rights and remuneration of screenwriters. The Commission launched several consultations to which FSE contributed. Green Paper on the online distribution of audiovisual works We talked about the Green Paper in our previous newsletter. In the meantime, FSE sent its contribution, which you can read here, along with some contributions of FSE member guilds. Among several recommendations, FSE urges the Commission to pay more attention to the most exciting prospect for a possible digital single market, which is production designed and produced directly for distribution on the net. It calls for European regulation to prohibit buyout contracts. It underlines the various legislative solutions developed by Member States to clear rights in the online environment. It claims for more market analysis and research on the real potential of a European digital market and on rights ( It is only in the context that all information about rights is readily and openly available that the extent of problems with clearance as distinct from problems with finding information can be accurately measured and separated from opportunistic complaints designed to reduce the cost of acquiring content ). And again, European screenwriters insist that creators be compensated for every use of their creation online and keep their right to make their work available or not. Cultural diversity is not the least concern : despite its best intentions the creation of a Digital Single Market in Europe may have the effect of decreasing cultural diversity and leading to an increasingly homogenous content. State Aid for Films and other audiovisual works The current criteria for providing State aid for film and other audiovisual works in EU Member States have been set out some 10 years ago by the Cinema Communication. In other words, public support for audiovisual works is subject to the EU State aid rules. New rules should come into effect by the end of December 2012. They will be reviewed in the context of the digital market and the need to improve the competitiveness of the European audiovisual sector. FSE answered the consultation, insisting on three main arguments : 1. FSE supports the extension of State aid. 2. FSE believes that support for script development the research and development phase of the audiovisual industry should be enhanced and extended. 3. FSE believes that the principle of State aid should be extended beyond traditional film and television to include web drama audiovisual products made directly for the web. Documentation Read FSE contribution Consult contributions from other stakeholders Roadmap of the Cinema Communication 5
European Audiovisual Policy Film Heritage and Orphan Works FSE commented on the consultation paper Challenges of the Digital Era for Film Heritage Institutions. You can read the full contribution here. At the same time, the Commission made public a provisional version of a directive on orphan works. FSE co-signed a statement issued by a group of several creators organizations in Brussels (European Writers Council, European Visual Artists, International Federation of Journalists). By the way, there is an interesting conversation on the blog of SAA, Society of Audiovisual Authors, on the Public Domain Calculator of Europeana, the Europe s digital library, museum and archive. The Public Domain Calculators answer the question of whether a certain work or other subject matter vested with copyright or neighbouring rights (related rights) has fallen into the public domain in a given European country. SAA checked the calculators with some entries in the film sector and declares it found many mistakes Digitisation of cultural material and its preservation, mainly on Europeana, is actually a priority of the Digital agenda of the European Commission, which has just adopted a Recommendation asking EU Member States to step up their efforts, pool their resources and involve the private sector in digitising cultural material. For the European Commission, it is essential to make European cultural heritage more widely available and to boost growth in Europe s creative industries. Let s quote one of the recommendations : The conditions for the digitisation and online accessibility of in-copyright material need to be improved to avoid the absence of recent and contemporary material online. Rapid adoption of EU rules for orphan works (whose rights holders cannot be identified) would be helpful in this context. However, as mentioned in FSE s contribution to the consultation on Film Heritage, It is a matter of no small irritation to creators in general that every time a problem in the area of audiovisual access / distribution is identified, there are always those who think that the solution is to restrict the rights of creators. Documentation Recommendation on the digitization of cultural material and its preservation on line Read the Press release Read the Recommendation Read the Roadmap EU Roadmaps Before the European Commission proposes new initiatives it assesses the potential economic, social and environmental consequences that they may have. One of the assessment tools is the roadmap, which gives a first description of a planned Commission initiative. The Commission has recently made public several roadmaps on issues that the FSE is monitoring. On the Cinema Communication On the future of Internet On the legislative initiative on collective rights management On the Directive on fair compensation in respect of reproductions of protected works by natural persons for private use Review of the Commission Recommendation of 24 August 2006 on the digitisation and online accessibility of cultural material and digital preservation 6
European Audiovisual Policy Media Mundus Audiovisual market in Mediterranean countries The European Commission organized a public consultation on the future of MEDIA Mundus Programme after 2013. Media Mundus is a broad international cooperation programme for the audiovisual industry to strengthen cultural and commercial relations between Europe s film industry and film-makers of third countries. The Commission published an analysis of the contributions. Producers are the most largely represented category among the stakeholders who responded to the consultation. Read more here. Euromed Audiovisual III is a programme financed by the European Commission aiming at enhancing euromediterranean audiovisual co-operation. The first Regional Conference of the Euromed Audiovisual III Programme, Towards a New Mediterranean Cinema?, was held in Tunis on 14 and 15 November. The Programme also launched a new project in collaboration with the European Audiovisual Observatory to collect data on Mediterranean film and audiovisual markets in nine Mediterranean countries (Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, Syria, the occupied Palestinian Territories and Tunisia). Future Media Programme Thousands of people working in cinema, TV, culture, music, performing arts, heritage and related areas would benefit from increased EU support under the new Creative Europe programme unveiled by the European Commission on 23 November. The proposal is now under discussion by the Council of Europe and the European Parliament that will take the final decision on the budgetary framework for 2014-2020. Read more here. What future for European TV series The programme European TV Drama Series Lab developed at Potsdam s Erich Pommer Institut has received the support of the European Union s MEDIA 2007 programme. This initiative is designed to promote the development of highquality European series. The second module in June 2012 will be dedicated to the American creative concept of the writer s room : The synergistic effects of cooperative work on scripts and formats are made accessible under the direction of US serial specialists. Read more here. A jury of MEPs The European Parliament announced the 2011 LUX Prize winner on 16 November : Les Neiges du Kilimandjaro by Robert Guédiguian. The film questions the injustices of today s societies and their political and trade union conflicts, and makes a plea for tolerance. The film was one of three finalists with Attenberg by Athina Rachel Tsangari and Play by Robert Östlund. Read more here. The legal dimension of the audiovisual sector in Europe The European Audiovisual Observatory regularly publishes newsletters on the most important legal developments for the audiovisual industry at European and national levels. Read more here. 7
Copyright / Collective Bargaining The question of how new market places can be exploited should not be prioritised over the question of how authors can protect their rights in new marketplaces and increase their share of the revenues generated by exploitation. We believe that the best way to achieve this is by empowering authors in areas such as the right to form Guilds and unions and engage in collective bargaining with broadcasters and producers. In FSE s contribution to consultation on the Green Paper on the online distribution of audiovisual works in the EU Who feeds the artist? Neelie Kroes, Vice-President of the European Commission responsible for the Digital Agenda, made a speech in Avignon, France on 19 November : We need to go back to basics and put the artist at the centre, not only of copyright law, but of our whole policy on culture and growth. Read more here. FSE supports American writers Three FSE representatives, being in New York to attend the general assembly of the International Affiliation of Writers Guilds (IAWG), along with other international writers guilds and unions, took part in a demonstration in front of ITV Studios. The Writers Guild of America East (WGAE) is demanding that the company give its American employees the same rights as their unionized British counterparts. Stop buyout contracts The political group of the Greens in the European Parliament published a common position on copyright. Though European screenwriters do not agree with several points developed by the Greens, they fully support their position against buyout contracts : To improve the condition of artists requires to change contract law at the European level in order to stop buy out contracts and to put artists and creators in a better negotiating position when facing the entertainment oligopolies that dominate the market. Consumers are also citizens and therefore have a responsibility towards the artists and creators of whom they enjoy and consume the works. Unfair contracts The European Federation of Journalists reports a march against unfair contracts imposed by big media houses in Finland. The protest gathered over 600 freelance journalists, photographers and graphic designers on 7 September in Helsinki. The FSE supports the Authors Rights Campaign launched by the European Federation of Journalists. Another point of view The Association of Commercial Television in Europe (ACT), a trade association representing the interests of the commercial broadcasting sector, held it 4th annual conference in Brussels on 9 Nov. on Creation, Competitiveness and Consumers. Policy-makers and industry representatives gathered to discuss about the latest developments in TV. Read the ACT contribution to the Audiovisual Green Paper : Concerning authors and performers remuneration the ACT is not aware of any specific market failure in this area. Any introduction of a new system would run the risk of introducing new barriers rather than facilitating the clearance of rights. 8
Screenwriting events From the perspective of creators we find it difficult to accept the generalised conflation of all films and television production into one amorphous stream of undifferentiated content. Each story is unique and writers, directors and performers are deeply committed to each. In FSE s contribution to consultation on the Green Paper on the online distribution of audiovisual works in the EU Drebuchverband Austria, the FSE Austrian member guild, awards the biggest prize for screenwriters in the country every year at the Diagonale, Festival of the Austrian Film in Graz. The amount of 22.000 Euros goes to the best screenplay filmed during the last year and to young talents. The 2011 prize went to Martin Ambrosch for the TV movie Spuren des Bösen by Andreas Prochaska. Call for new entries on www.drehbuchverband.at (deadline 22 December). Let s also mention the WGGB Awards 2011. The winners of the 2011 Writers Guild of Great Britain Awards were announced on 16 November. Check the list of winners. We are proud to be scriptwriters Cross-boarder screenwriting laboratory That was collectively declared on 4-6 November in Madrid. 279 screenwriters from Spain attended to the Second Meeting of Spanish Scriptwriters, organized by EDAV, and convened by FAGA and ALMA, all member guilds of FSE. Some of the items debated were the cinematographic and television writing, trends in creation of content on the various platforms of exhibition and distribution, the legal framework of the writer and the current situation of the collecting societies. Read the final declaration of the meeting. See also notes and pictures on FAGA s website. Six screenwriters three Italian and three French have started to collaborate in the Atelier Farnese to write three high quality screenplays under the artistic direction of Ettore Scola. The ambitious aim of this new initiative is to encourage film co-production between France and Italy and renew the fruitful collaborations of the two countries, which in the 70 s co-produced around 50 films per year. Read more here. Script Forum Poland Awards FSE Polish member guild announces the 4th edition of Script Forum in Warsaw on 5-7 December 2011. Script Forum, a conference designed especially for authors writing for film or television, will offer debates, lectures, encounters between writers, producers and directors, pitching sessions, trainings, analysis of scenarios, etc. And last but not least... To those who can read Italian (why not using the translation tools online), visit the blog of SATC (the Italian writers guild) where three Italian writers share their impressions of the London Screenwriters Festival, which they attended in October. Read article 1 / Read article 2 / Read article 3 9
2nd Conclusions Spanish Scriptwriters Conference Madrid, 4-6 November 2011 We are proud to be scriptwriters. We are a group with an unwavering sense of togetherness. And although our employment situation is often precarious, we not only continue to work but we also create work for others. We suffer from the bad habits of the audiovisual sector, without ceasing to believe in its potential for development as an industry and service, and as a cultural legacy. For all these reasons, and following the Second Scriptwriters Conference, we would like to state that: 1. Despite the current crisis and however much business models may change, the public demands and will continue to demand content, and there is no content without scriptwriters. So we scriptwriters are necessary and will remain so. 2. We scriptwriters see the multiplication of display windows for audiovisual works as an opportunity. Traditional production structures are not going to disappear but will coexist with new forms of creation, production and display. This is a good opportunity for those of us who wish to assume greater risks in order to have better control over their work. 3. Scripts deserve the respect of everyone involved in making television fiction; from the inception of a project to its broadcasting. Whatever the trend in organizing the work, good scriptwriting requires minimum conditions to be developed correctly, and companies tend to violate these to their exclusive benefit, without regard to the professionals. Legislation is needed, agreed with the industry, in order to protect us. Furthermore, when our working conditions are not fair, writers have a duty to say NO. 4. Programme scriptwriters demand consideration: Where there is creation, there is authorship. Our production occupies a high percentage of the television schedule and yet channels tend to compare us with editors. Our remuneration is consequently lower and the creative aspect of our work is ignored, meaning we do not charge royalties. We are calling for an industry debate, and with copyright management companies, to address the question, amongst others, of those formats that should generate rights and those that should not. 5. Television companies have to rely on scriptwriters when creating new content. The difficulty channels have in defining trends beyond repetitive or conservative proposals is a symptom of the low participation of scriptwriters in format searching and creating processes. Good television is one that shapes its personality through an intelligent combination of established productions and riskier projects. We scriptwriters can and want to have a role in this process. It is necessary that the channels see us and listen to us; creating a marketplace of ideas. 6. We have found that there is a certain gap in the film industry between the films promoted and the stories that our public demands. We are not stating this as a criticism of the Authorities but as a reflection that merits a search for solutions by all those involved, from ourselves to the exhibitors, and involving the directors, producers or distributors. It s time to sit down and see how we approach projects and viewer tastes. 7. Public television companies, especially regional ones, are at risk of disappearing. Their function as a service is indisputable: they ensure the diversity and richness that defines us as a society, besides being the platform that lead to the most innovative formats. Beyond economic performance, it has to be assessed in terms of social function. Scriptwriters are not going to allow politicians to manipulate television companies. 8. We scriptwriters are making a clear and forceful defence of copyright. Contrary to what has been conveyed to society, attacking copyright does in fact serve the interests of large corporations in the cultural industry at the expense of the author and the consumer. The Copyright Act protects the author and allows them to share those profits that their work generates. Thus, copyrights are the guarantors of the existence of our work, regardless of the company that manages them. 9. Collecting societies are required to meet the real needs of their partners. Similarly, those partners must be committed to their effective operation. The image of the authors is our own commitment. 10. We scriptwriters demand an immediate revision of the Law on Freedom of Association. The unions must be represented in order to defend our professional group through negotiation and the signing of bargaining and industry agreements. We invite other industry partners to join in this demand. 10