Stockholm, 27th of June 2003
European Commission, Education and Culture DG, Att: Mr J-E de Cockborne,
Head of Unit C 1, Audiovisual Policy,
B100 7/7, B-1049 Brussels, Belgium
Contribution from Swedish authors and performing artists to the public consultation on the review of the ‘Television without frontiers’ Directive
We, 16 member organisations of KLYS (The Swedish Joint Committée for Artistic and Literary Professionals), who among other artistic groups represent creative and performing artists involved in the making of films, would like to address the European Commission in a very important matter concerning the Moral Rights of film creators and performers in the review of the EU Council Directive 89/552/EEC ‘Television without frontiers’ (the TV-Directive) that is taking place this year. Since we did not have the possibility to participate in the public hearing that the Commission arranged in early April 2003, where issues like protection of different interests in television advertising were discussed, we urge the Commission to take the opinions of ours into serious consideration. Our written contribution will be limited to question 4 in discussion paper 3.
4) Insertion of advertising and teleshopping spots (Article 11)
Article 11.1 in the current EU TV-Directive stipulates as a principle rule that advertisements shall be inserted between programmes. This is a very important principle to authors and performing artists. However, the effect of this very clear regulation is undermined by the following sentence in article 11.1, which says that under certain conditions advertisement interruptions are permitted during programmes in such a way that the integrity and the value of the programme and the rights of the rights holders are not prejudiced. The condition concerning commercial breaks in feature films or films made for television is that advertisements must be broadcast within certain intervals according to article 11.3. This exception to the principle rule is systematically used by commercial TV companies all around Europe who mutilate films by interrupting them with advertisements.
In our opinion this loop-hole in the EU regulation is in conflict with the moral rights granted to authors in the Berne Convention, which assures that the author shall have the right to object to any distortion, mutilation or other modification of, or other derogatory action in relation to the work, which would be prejudicial to his honour or reputation. It is quite obvious that breaks and interruptions in a film are such mutilations of a work which constitutes a violation of the moral rights of film creators.
Unfortunately, few film creators and performers take legal action against broadcasters when they interrupt their films with advertisements. Not because they do not care, but because a lawsuit is always inconvenient and can be very costly in terms of time and money. However, two Swedish film creators, Mr Vilgot Sjöman and Mr Claes Eriksson are now, with the support from KLYS, going to court to try if TV4 has infringed their moral rights to their films (‘Alfred’ and ‘Hajen som visste för mycket’) by inserting advertisement interruptions in them. At the ceremony of the awards of the Swedish Film Academy the internationally known film director Ingmar Bergman publicly praised the efforts of Mr Sjöman to stop advertising interruptions of films when exhibited on Swedish TV4.
Film producers and commercial TV companies often claim that film directors have agreed to allow commercial breaks when their films are broadcast. But this is a false claim, since it goes without saying that the companies’ great economic power puts them in a position where they can force film directors to make such concessions.
Until 1 April 2002, the Swedish Radio and Television Act totally prohibited commercial breaks during the broadcast of films or programmes with respect to the audience and to the moral rights of filmmakers. Despite strong protests from the organisations of Swedish authors and performers as well as individual authors and performers, the Swedish Parliament has now implemented article 11.3 of the TV-Directive, which allows advertisement interruptions in films within certain intervals, in the Swedish Radio and Television Act. The reason for this change is partly the stiff competition from satellite transmissions to Sweden from Swedish broadcasters domiciled in other countries within the EU, who are not bound by Swedish law, and partly the way that the Swedish commercial TV company TV4 skirted the prohibition by interrupting films or programmes with news summaries and other short programmes surrounded by advertisements. Since the amendments were introduced in the Swedish Radio and Television Act TV4 has systematically used the new possibility to mutilate films by interrupting them with advertisements.
It is our considered opinion that EU regulation (and national legislation in European countries) should stipulate that films must be broadcast in the version that the authors have approved. Now that the TV-Directive is being revised, it is high time to protect the moral rights of the creative people involved in the making of films without whose work there would be little to broadcast. Adding a clear stipulation that advertisements and other programmes may not be inserted into any feature film, documentary or film made for television is of greatest importance for television viewers all over Europe as well as for authors, performers and other artists who are taking part in the creation of films. An added advantage is that such a stipulation would render pointless the argument about reducing competition.
To conclude, we are convinced that Moral Rights must be better protected in the future TV-Directive. The artistic authors and performers of films shall have the right to have their work exhibited in the form in which it was originally created.
Please feel free to contact the KLYS office if you have inquiries on this matter. KLYS’ coordinator/ legal adviser Ulrica Källén or the president of KLYS mr Peter Curman can be reached by e-mail: council@klys.se, phone: 0046 (0) 8 – 667 88 90, fax: 0046 (0) 8 – 667 88 11,
Address: KLYS, Skeppargatan 26, 114 52 Stockholm, Sweden, Internet: www.klys.se
Yours sincerely,
The Swedish Writers Union
The Swedish Association of Directors
The Swedish Playrights’ Union
The Independent Filmmakers’ Union of Sweden
The Swedish Photographers’ Union
The Swedish Union of Theatrical Employees
The Swedish National Artists’ Organization
The Swedish Association of Authors of Educational Material
The Association of Swedish Illustrators
The Swedish Association of Craft and Design
The Swedish Union of Architects
Society of Swedish Composers
The Swedish Society of Popular Music Composers
The Swedish Federation of Professional Musicians
The Swedish Musicians Union
The Swedish Union for Clerical and Technical Employees in Industry