ARAS Symposium “The German Directors Guild BVR, the German Audiovisual Industry and commissioning in German TV” by Peter Carpentier Director/Author Member Executive Board German Directors Guild BVR since 2001 Member Managing Board Audiovisual Department CMO VG Bild/Kunst since 2013 2000-2010 Chairman & Vice-President of F.E.R.A./ Association of European Directors Guilds Prague, April 16th 2015
Transcript
Slide 1
ARAS Symposium The German Directors Guild BVR, the German
Audiovisual Industry and commissioning in German TV by Peter
Carpentier Director/Author Member Executive Board German Directors
Guild BVR since 2001 Member Managing Board Audiovisual Department
CMO VG Bild/Kunst since 2013 2000-2010 Chairman &
Vice-President of F.E.R.A./ Association of European Directors
Guilds Prague, April 16th 2015
Slide 2
Topics 1.Introduction 2.The German Directors Guild BVR A brief
history Main Achievements Policy for the future Q & A
3.Commisioning in German TV Market Overview Film, because it is
inexorably linked to: Market Overview TV Commisioning in German TV
Q & A
Slide 3
INTRODUCTION BVR: Data as per General Assembly 2015 Film &
TV: hard to find the real numbers due to intransparency caused by
complicated vertical interconnections of companies, subsidiaries
and yearly reports Commissioning: idem dito Most tables and graphs
are in German due to formatting issues Feedback: Czech
commissioning habits
Slide 4
The German Directors Guild BVR (Bundesverband Regie) Brief
History, Part I Since the Fall of the Third Reich: No more
Goebbels: federalisation of the cultural sector; organisation and
representation of professional interests of authors/artists in the
audiovisual sector (first Film & Theatre, later TV) is strictly
and exclusively divided: Either as a professional association Or a
union Or a collecting society 1975: BVR founded on April 11th by 30
directors in the canteen of Bavaria Film Studios The director as
the main author of an audiovisual work, in all stages of production
Focus on Collective Bargaining Agreements concerning Employment
Authors rights Social rights With TV stations ARD & ZDF only
private broadcasters emerge as of the 1990ies 1978: Alliance with
DAG (Deutsche Angestellten Gewerkschaft), hence automatically
entitled to participate in CBAs with Producers Guilds,
Broadcasters, Unions; 1979: Creation of the Section ASSISTANT
DIRECTORS 1980: BVR has 220 members, roughly 150 directors and 70
ADs; demand of recognition of authorial rights for directors and an
end to contractual dictatorship by broadcasters; Resolution:
contracts only negotiated and concluded by lawyers;
Slide 5
The German Directors Guild BVR (Bundesverband Regie) Brief
History, Part II 1981: General Assembly passes resolution to
negotiate handling of remuneration of secondary rights with CMO for
authors rights VG Bild/Kunst instead of GVL (Gesellschaft fr
Leistungsschutzrechte, wich is producer-oriented since it deals
with performance instead of authors rights) 1982: creation of
section DUBBING DIRECTORS; Directors accepted in CMO VG Bild Kunst
as Section III alongside visual artists & designers (Section I)
and photographers & graphic artists (Section II); Problem of
Section III: the co-authors compromise; Gentlemans Agreement with
ZDF in letter retarnsmission remuneration; 1983: BVR joins FERA
1987: creation of new section SCRIPT/CONTINUITY 1988: First
agreement with film agencies concerning remuneration for cable,
cassette rentals, blank tape levies; FIRST PAYMENT of these
remunerations; 1989: BVR, AG Neue Deutsche Spielfilmproducenten
(Directors/Authors/Producers) and CMO VG Bild Kunst protest against
sell-out of rights in German Copyright Law; 375 Directors plus 142
Ads & Script Continuity 1990: New members from the former GDR
join BVR 1991: First Directors Guide is printed 1999: 463
directors, 202 Ads & Continuities; Belgian subversion of BVR
Board; 2002: increase to 50% remuneration by bigger ARD
broadcasters for retransmission; after Bestseller Clause, finally
new German Copyright Contract Law comes into effect; principle of
arbitration; you wont work in this town again
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The German Directors Guild BVR (Bundesverband Regie) Brief
History, Part III 2003: GATT / EU vs USA ; standards/market
access/most favoured nations, culture is no vegetable; 2004: In new
Film Subsidy Law directors are part in the decision making bodies
of FFA (FilmFrderungsAnstalt, the German version of the French CNC)
2005: Cessio Legis rebuked from new Copyright Bill by action of
BVR; Swiss Model considered for reference film subsidy; 2008:
Change of the guard: the Young Turks come in, new Corporate
Identity is more pro-active political commitment 2009: Law of
Authors Rights in the Digital Age: Revocation Total Buy-Out, i.e.
Right of revocation for formerly unknown kinds of use; and 137l
must be negotiated with CMO (conclusion 2015), plus
Werknutzer-definition in Copyright Agreement Law for CBAs 2010:
First DIRECTORS NIGHT at Berlinale 2011: First METROPOLIS Film
Prize Awards by BVR biggest German film prize for directors 2012:
Escalation of CBA with ZDF, who claims not to be user/exploiter of
teh films and programmes it commissions; Munich court decides in
favor of BVR 2013: CBA with Pro/Sat1; abolition of Total Buy Out;
every use is remunerated; Clause de Rserve 2014/2015: CBA Cinema
with Producers Alliance; after arbitration, CBA with ZDF for
TV-movies; beginning of CBAs with RTL, ARD; new statutes of CMOs
due to EU-directive: transparency, immediacy, end of local turfs
(hopefully ) ; First Gender Equality Report / Quota issue;
Slide 7
The German Directors Guild BVR Main Achievements Respected
Political Player in the German Media landscape Improvement of
rights situation and remuneration with CBAs (Cinema, Pro7/Sat1,
ZDF,) 734 Members, of which 587 directors - 385 fiction directors
(50 membership fee/month), 136 junior directors, 4 dubbing
directors, 8 commercials /music video directors, 60 documentary
directors (all 25 /month), 99 Assistant Directors (25 / month), 24
Continuities (15 / month); Directors contribute first 250 of
residuals/payments by CMO VG Bild/Kunst towards BVR Yearly guild
income: 355.000 , expenditures: 314.000 (2014); financial reserves
for litigation etc Two employees: CEO/Manager and Office Manager
One Legal Council (invoice) BVR Services GmbH: Organisation of
events (METROPOLIS FILM PRIZE, DIRECTORS NIGHT, CAMPAIGNS,) One
Manager (honorary) One Event Producer Office Manager
Slide 8
The German Directors Guild BVR (Bundesverband Regie) Policy for
the future Affirmative Action to raise awareness of central role of
directors in creative process, also in the Digital Age 2.0 CBAs
with ARD, RTL, all other Broadcasters Reform of CMO VG Bild/Kunst
inorder to be able to perceive Primary Rights as well (TV-
broadcast, online exploitation, ) Expansion into perception of
remuneration for authors (eventually also for co- authors and/or
performers CEO / Agent / Agency for Assistant Directors &
Continuities for their specific interests, needs and representation
as in CBAs Q & A
Slide 9
Commisioning in German TV Market Overview Film I, because it is
inexorably linked to TV Yearly turnover: between 2,6 and 3 Billion
(including 1 Billion Box Office) Films per year: Tab. 5.1: Feature
Films by numbers : 2012 2011 2010 2009 2008 Films produced 285 340
276 268 192 Active Companies 249 286 246 237 180 Production
Participation 360 421 345 343 244 Average of Films/Company 1,1 1,2
1,1 1,1 1,1 Only between 60 and 87 films in these years get
theatrical release, the rest: straight to TV As a rule: no German
film is produced without participation of a broadcaster German
private & public broadcasters pay for funding institutions, are
on selection boards; they want prime time movies, not competitive
films for cinema Recoup their investment by subsidizing their own
TV- productions
Slide 10
Market Overview Film II Tab 5.2. Active production companies
per Bundesland 2011-2012 Bayern Berlin Hamburg NRW other no data
Total 201168952457411286 201258752748401249 Quelle:
FORMATT-Institut
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Commisioning in German TV Market Overview TV Part I Yearly
Turnover Broadcasters over 0,5 Billion (approximative values):
Public TV in Billion Euros: ARD: WDR 1,3 NDR1,2 SWR1,2 BR1,0 MDR0,7
HR0,5 Subtotal: 5,9 Billion ZDF 2,0 Billion Total: 7,9 Billion
Private Broadcasters in billion Euros: Pro Sieben Sat 1 2,7 RTL
Group1,7 Pay TV SKY 1,0 QVC0,7 Constantin 0,5, TMG 0,51,0 Subtotal:
7,1 Billion Grand Yearly Total: over 15 Billion Nota Bene: Turnover
is NOT cost of programming, it is the overall expenditure
Slide 12
The big players over 0,5 bln /year
Slide 13
Commisioning in German TV Market Overview TV Part 2
Slide 14
Commisioning in German TV Market Overview TV Part II Dependent
Companies/SubsidiariesIndependent Companies/Producers Number %
Output mins %per Cy Number % Output mins % per Cy 2009 97 13,1
291.000 40,1 3.000 643 86,9 434.800 59,9 676 2010 84 10,8 265.200
36,7 3.157 694 89,2 458.200 63,3 660 2011 95 10,7 291.600 39,4
3.069 792 89,3 448.500 60,6 566 2012 89 10,5 298.200 40,6 3.351 759
89,5 436.500 59,4 575
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Commisioning in German TV Market Overview TV Part III
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Commisioning in German TV Market Overview TV Part IV Tab. 3.5:
Langzeitvergleich: Entwicklung der Fiktion-Genres Movie
SerieComedyFiktion sonst. Fiktion gesamt
200826.634132.85021.5216.102187.107 14,2% 71,0%11,5%3,3%100,0%
200926.270127.20119.8495.770179.090 14,7% 71,0%11,1%3,2%100,0%
201026.093124.17220.1085.221175.594 14,9%70,7%11,5%3,0%100,0%
201124.016126.29722.9134.060177.286 13,5%71,2%12,9%2,3%100,0%
201222.319106.26718.7244.259151.569 14,7%70,1%12,4%2,8%100,0%
Quelle: FORMATT-Institut; Angaben in Minuten, gewichtete Werte
Slide 17
Commisioning in German TV Market Overview TV Part V
BayernBerlinHamburgNRWsonstigek. A.Auslandgesamt
200843.37915.5777.14561.59444.7715.4309.204187.100
23,2%8,3%3,8%32,9%23,9%2,9%4,9%100,0%
200943.88211.5305.26645.60857.9165.4569.388179.046
24,5%6,4%2,9%25,5%32,3%3,0%5,2%100,0%
201041.06514.1985.85443.97953.1066.82310.537175.562
23,4%8,1%3,3%25,1%30,2%3,9%6,0%100,0%
201144.9839.8857.74853.28539.3077.76314.281177.252
25,4%5,6%4,4%30,1%22,2%4,4%8,1%100,0%
201234.86010.7885.74944.82936.8029.9778.498151.503
23,0%7,1%3,8%29,6%24,3%6,6%5,6%100,0%
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Slide 19
Commisioning in German TV Market Overview TV Part VI Whos who
and whats what? A German Enigma Examples of companies, turnover
& affiliations EN page 20 through 65 Tab 2.4. page 26 Turnover
per dependent / independent company (6:1) Tab 2.10 EN page 34: long
term overview turnover big 3, big 5, big 10 Tab 2.11 : the biggest
production groups Crossparticipations / diagonal structures big
companies EN as of page 38
Slide 20
Commisioning in German TV The key issue: commissioning for
fiction & documentary formats After this slight structural
overview: two realities for projects of dependent and independent
productions c.q. producers Who decides content? Who decides
creative personnel issues (writer, director, cast)? Who decides
budget? Director of Broadcasting Company (private or public), Chief
of Programming, Commissioning Editors (Redakteure), Producers
(inhouse, dependent company, independent) Fiction formats:
Screenwriter, Director, Composer Documentary formats: Writer,
Director, Producer Poll among 27 Directors (8 w) Fiction &
Documentary formats: Fiction: the more successful as director, the
sooner involved in a project Documentary: Editors approach
directors with themes or themes WITH directors, no tender (public
offer) OR directors come with specific stories concerning issues;
development of themes quite often leads to stealing of the idea not
always with bad intent by editors who read over 20 proposals per
day When youre hot, youre hot, when youre not, youre not Is it the
standing/presumed market value & meaning of success OR craft
and vision OR courage & commitment that make the difference?
Respect for the audience is key condition before anything Q & A
Czech commisioning practices Feedback