Italian audiovisual industry, Tusma reform, independent Producers, negotiation and contractual protections
Legislative Decree 8 November 2021, n. 208. Tusma in force
Implementation of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain legislative, regulatory and administrative provisions of the Member States, concerning the Consolidated Law for the provision of audiovisual media services in consideration of the evolution of market realities.
Review of film investment quotas
Weight of Italian stories and international productions
Maintain the value of rights and intellectual property in our country
The Tusma reform, under discussion in Parliament, worries the independent producers of Anica, who have set out their requests to the institutions in a document.
Today platforms must invest 20% in works by independent producers. These are investments that the platforms – which collect revenues in our country – are absolutely capable of supporting. As happens in other European countries, including France and Germany.
The ongoing reform, however, includes the revision of investment quotas in Italian films, series and documentaries and eliminates the rule containing protections for large broadcasters and global players, with the real risk of leaving producers without any defence, to the detriment of our industry.
Why? In whose favor? The obvious consequence is to reduce the weight of Italian stories and favor international productions.
For independent Italian producers, the confirmation of the current rules and the protection of fair negotiation and contractual conditions is fundamental, not only for the growth of the Italian audiovisual industry, but also for maintaining the value of rights and intellectual property in our country. These rules must be maintained in the tusma and strictly coordinated with the regulations relating to tax credit.
The producers ask for “the maintenance of the existing mandatory investment quotas, the strengthening of the Italy and Cinema sub-quotas and the introduction of the Animation sub-quota”.
They ask that “investment obligations be fulfilled exclusively through contractual forms that do not make them mere executive producers and that distribution and promotion expenses are not calculated for this purpose”.
This “in order to maintain and strengthen the employment levels achieved in recent years, guarantee access to the sector for young entrepreneurs and new talents, to support the biodiversity of the Italian audiovisual industry – made up mostly of small and medium-sized enterprises – and to maintain ownership of the ideas on our stories, developed and created in Italy”.
Source Anica