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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

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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

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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

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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;

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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;

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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

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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

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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

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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

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The big players over 0,5 bln /year

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Commisioning in German TV Market Overview TV Part 2

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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

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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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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

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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

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Thank you for your attention! And finally: