Filmpolitik:

Jede Schwächung des Urheberrechts und des IP-Schutzes hat verheerende Folgen

von am 10.02.2014 in Allgemein, Archiv, Filmwirtschaft, Kreativwirtschaft, Medienethik, Medienförderung, Medienpolitik, Medienregulierung, Medienwirtschaft, Netzpolitik, Plattformen und Aggregatoren, Rede, Urheberrecht

<h4>Filmpolitik: </h4>Jede Schwächung des Urheberrechts und des IP-Schutzes hat verheerende Folgen
Christopher J. Dodd, Vorsitzender des amerikanischen Produzentenverbands Motion Pictures Association of America (MPAA)

Chef des amerikanischen Produzentenverbands setzt sich für mehr internationale Zusammenarbeit in der Filmbranche ein

10.02.14 Rede von Christopher J. Dodd, Chef des amerikanischen Produzentenverbands Motion Pictures Association of America (MPAA)

„Die Film- und Fernsehindustrie steht an einem Scheideweg. […] Auf der ganzen Welt gibt es Bemühungen, das Urheberrecht und den Schutz des Geistigen Eigentums zu schwächen, die Grundpfeiler der globalen Filmwirtschaft sind.“, warnt Christopher J. Dodd, Chef des amerikanischen Produzentenverbands Motion Pictures Association of America (MPAA), in seiner Keynote anlässlich des Deutschen Produzententages. Er weißt auf die grenzüberschreitende Funktion und Wirkung von Film- und Fernsehproduktionen hin und forderte die internationale Filmindustrie auf, sich gemeinsam für eine Stärkung des Urheberrechts und IP-Schutzes einzusetzen, um die Rechte der Kreativen zu schützen. Dodd fordert darüber hinaus die deutsche Bundesregierung auf, die lebensfähigen Rahmenbedingungen dauerhaft zu sichern, um das wirtschaftliche Potenzial der Kreativwirtschaft in Deutschland weiter zu stärken und auszubauen.

Today, I would like to talk about a pair of issues that I believe will have far-reaching and long-lasting effects on the global film industry.

The first: the importance of efforts to ensure the continued strength of copyright and intellectual property protections that are critical to filmmaking.

And second: the continued globalization of film and television markets that is changing the face of this industry as we speak.

One of the more enjoyable parts of my job is the opportunity to travel and meet filmmakers and creators from across the globe. Whether in Japan, Russia, France, Brazil, America or Germany, there is one thing I have learned in my travels: the art of filmmaking is universal, transcending ethnicity and national borders.

The common themes of love, loyalty, courage and the human condition in every nation’s movie productions, speak to all of us. The best movies and television shows touch us emotionally and challenge us intellectually. They let us dream of wonders yet created, and of far off places yet visited. They can reflect our own shortcomings, while challenging us to do better. And we remember the stories that tackle the important social, international, or moral questions of the day, leaving an indelible impression long after their theatrical run – reminding us all, once again, that regardless of race, religion, or nationality, we are all on this space ship we call planet Earth, together.

Yet, as beloved as our creations are, the film and television industry stands at a crossroads today. Now, we can either stand by and watch silently as others who do not necessarily share our vision shape this remarkable industry’s future, or we can stand together and help shape it ourselves.

I am confident you are aware that around the world, there are efforts to weaken the copyright and intellectual property protections that have been the cornerstones of the global film industry. These efforts are occurring in the United States, Brazil, Australia, Brussels and the United Kingdom, and it is happening here in Germany as well.

When Germany’s political parties came together in December to form a coalition government, they signed an agreement that calls for a reform of the copyright law to ensure “a fair balance of the interests of authors, publishers, and users.” But in truth the EU has significant “reform” plans on its agenda, and I fear those behind these efforts to weaken copyright and IP protections do not seem to care whether the producers, directors, and the hundreds of cast and crew members, who have spent time and effort to make these films, are compensated.

These anti-copyright voices say we are an antiquated industry, out-of-touch with the modern world. That we are trying to stifle the innovation and creativity that technology gives to every aspiring artist. They are wrong. We believe very deeply that every creator, every musician, every filmmaker, or any other author has the right to determine how they will share their creations with the world. If there are creators who wish to offer their work to the public at no cost–they have every right to do so. But for those who create content for a living, they should not have to accept a world in which their content can be high jacked without consequences.

No, we are not an antiquated business. Quite the contrary, the film and television industry is one of the most sophisticated and technology dependent. We believe that promising artists, regardless of where they come from or how they produce their content, deserve to be encouraged and supported. They deserve to have the same chance of innovating and pushing the envelope as every film artist who came before them.

Despite what some critics say, we are an industry that embraces the future. We celebrate it, and to the extent possible, we strive to get ahead of it. There is a debate today that poses the question – are you for tech or for content? And worse, the public is being asked to make a choice between these two great industries. In the three years since I became the head of the Motion Picture Association, I have had to refute claims again and again that the film and television industry and the technology sector are opponents. Nothing could be further from the truth. These two industries together embrace innovation and creativity, and we each rely on the other to bring great content to audiences around the globe.

Some of the most creative and forward-looking people in the world are working in the film and television industry today.
For years these artists have pushed our content far ahead of the curve and challenged all of us to think differently about many current global issues – HIV/AIDS, racial injustice, war and peace or the struggle facing those in poverty. And they too have pioneered and embraced the latest technologies bringing their stories to life, in ways that amaze and entertain audiences around the world. Just as technology companies have strived to create the next great innovation for delivering that content. This is as true in America as it is in Germany.

As all of you in this room are aware, Germany has had a storied history in film – just as storied as the history of your technological innovations. Over a century ago, Max and Emil Skladanowsky, two brothers who, on the night of November 1, 1895, held the very first European paid screening of a film in Berlin – a month before the Lumière brothers did in Paris.
The Skladanowsky brothers captivated an audience in Berlin’s Wintergarten Music Hall for 15 minutes using a homemade projector. These were two tech guys who changed not only German, but global entertainment forever. This mixing of German filmmaking and technological creativity has gone on to shape the work of countless creators and artists around the world ever since.

German expressionist films of the 1920s like Nosferatu and The Cabinet of Dr. Caligari, which is showing in a re-mastered version at this year’s Berlinale festival thanks to our friends at Bertelsmann, continue, to this day, to influence how light and shadows are used in horror films. The Schüfftan Process, created for 1927’s Metropolis, made it possible to place actors within shots of miniature skyscrapers and created today’s routine art of special effects.

An art form that decades later made us believe dinosaurs once again walked the earth in Jurassic Park, or that a tiger and a boy could spend days together in a small open boat in Life of Pi, just to mention two. And today, each of our respective film industries continues to embrace the latest innovations in technology and storytelling, to not only create new productions, but distribute them throughout the world as well.

Until recently, much of the world was limited in what content they could see on their movie or TV screens. But new technology has made the international exchange of cultural and entertainment content faster, easier, and increasingly, a two-way street. We eagerly create new stories and adventures to export globally, while simultaneously importing to our own market the groundbreaking films and TV from around the world.

Today, there are more than 400 legal online global distribution services available for watching many of the world’s best films and television shows. In Germany alone there are close to 40 video on demand services, with new ones and innovative business models emerging daily. Only a few short years ago there were none.

I am not just talking about the latest releases coming out of Hollywood or Babelsberg, but avant-garde Dutch cinema, Greek epics, Czech Claymation, and Korean sitcoms. And the great news is that access to this global content is becoming easier every day, and in some cases, signifying a trend that is becoming more common place every year. The productions themselves are reflecting the global potential of the film and television industry.

A moment ago, I mentioned the film Life of Pi as an example of special effects – it is also an example of the globalization of film productions. A Canadian author, a Taiwanese director, an Asian production crew with Indian actors, financed and distributed by 20th Century Fox – a Hollywood studio.

The more that we exchange with each other, the more we take advantage of opportunities to work with one another, the more the quality of our films will improve and the global audience’s appreciation will grow. And as we watch more and more collaborations between national film industries, German filmmakers can be proud of the fact that they have consistently been ahead of the times. For decades, German filmmakers have recognized the benefits of creative collaboration. 1972’s British-French-German-Italian-Spanish international production of Treasure Island, starring Orson Welles, and 2001’s Amelie set in France but shot in Germany where all of its post-production occurred as well, are just two examples of this nation’s embrace of international collaboration.

And if you need further examples of how film and television collaboration are bringing the world together, look no further than the menu of films entered at this year’s Berlinale – which itself is a further example of international collaboration. Begun in 1951 through a partnership of Americans and Germans determined to bring life, culture, and romance back to a Berlin devastated by war, this festival has grown to become one of today’s premier film events. Filmmakers and fans from around the world are flocking to Berlin to experience more than 400 of the newest dramas, documentaries, and co-productions from filmmakers of every continent. Wes Anderson’s The Grand Budapest Hotel, a coproduction between Germany and UK filmmakers, and distributed by 20th Century Fox, has been chosen to inaugurate this year’s festival. Later in the week comes the new German-American coproduction of Monuments Men starring George Clooney and Matt Damon and produced, once again, with 20th Century Fox and SONY pictures heavily involved.

As technology continues to make it easier for us to communicate and collaborate across great distances, we will see many more of these collaborations bring together the talents of artist and filmmakers from different nations. One of the best kept economic secrets in the world is that the creative industries, relying on intellectual property, are critically important engines of economic growth. Every morning, 200,000 men and women go to work in a job dependent on the German film and television industry [1]. I am not just talking about the well-known actors and directors; I mean the lighting technicians, costume designers, camera operators, and the crews who build sets. The caterers feeding the cast and crews, and the truck drivers who transport all of the materials used during production. Throughout Europe, it’s estimated that IP-intensive industries are responsible for 26% of all employment and 39% of the continent’s GDP. And within those numbers, the core copyright-intensive industries, including film and television production, generates 7 million jobs and contributes approximately 509 billion Euros to the economy. That does not take into account the residual economic benefits these productions bring in through other industries, such as tourism. Consider, if you will, what the Berlinale alone does for Germany’s economy. Every year more than 400,000 film fans and 20,000 industry professionals travel to Berlin to be a part of this festival. Yet while in Berlin for the film festival they also take in famous landmarks, eat in local restaurants, visit museums and art galleries; and shop in local stores. I don’t know the specific numbers, but I guarantee this festival was a major contributor to the 214 billion Euros and the 4.9 million jobs that the German National Tourist Board claims tourism generated in 2012 alone [2]. Those hundreds of thousands of people who come to the Berlinale carry with them a very valuable lesson for us all: film and television have the power to bring the world together. And as I stressed earlier in these remarks, we are not just talking about Hollywood blockbusters.

At the Motion Picture Association, we believe that we all benefit from the growth of domestic film industries throughout the world. And furthermore, we believe that promising filmmakers deserve to be encouraged and supported—including financially. Let me give one brief example of how we are striving to do exactly that.

Asghar Farhadi is a filmmaker from Iran – a country not recently known for supporting creators and artists. Many of you probably know him from a film he made in 2011 offering the world a rare glimpse into Iran and its culture called A Separation. The movie rightfully gained recognition around the world for its depiction of the real life struggles of an Iranian family – and went on to win many honors, including the 2012 Oscar for Best Foreign Film and the Golden Bear at 2011’s Berlinale as well. While accepting his Oscar, Asghar Farhadi gave one of the most powerful explanations I’ve heard of why movies are so important. He talked about how Iran is “hidden [from the world] under the heavy dust of politics.” About how his country – when it is talked about – is discussed almost exclusively in the context of aggression and hostility. But with this one film, he said, the world finally got a glimpse into his country’s “glorious culture” – and got to meet the real people of Iran. All of that happened because of a small grant awarded to him through a program that the MPA helped create to support emerging film talent across the globe, and without which Asghar Farhadi would not have been able to complete his film. Every day the global motion picture and television industry creates stories like these. Stories that change hearts and minds. Stories that can change the world. We should all want to see more films like A Separation being made.

And we should all want to continue finding innovative ways of letting the world see these stories – not just in the theater or on television, but online and through other creative means that are emerging at an unbelievable pace. Yet, if we want this progress to continue, and if we want new generations of creators like Asghar Farhadi to be able to share their stories with the world, all of us in the film industry must join together to ensure that the work of the people who make these stories is respected and protected. As producers, you appreciate the amount of time, and energy necessary to make films and television shows.

You know the challenges of getting funding for a project; particularly without guaranteeing those financing the production a return on their investment. You understand the stress of bringing together the best creative team– and the struggles of moving the process forward over the course of a long production. You understand better than anyone what it is like to work for months, even years – often at little or no compensation – in the hopes that a project will be successful.
I want all of you to know that as long as others work to weaken the protections that filmmakers depend on, the Motion Picture Association will do all that we can to protect the men and women in America, throughout the E.U., and elsewhere around the world who work in this industry every day – the ones who create the jobs and contribute to economic growth; and the ones who dedicate their lives to creating art that entertains us, but also educates us, excites us, and challenges us.

The new German government has the chance, now, to secure a viable framework to open up the even greater economic potential of Germany’s creative industry. The market that has emerged today is a result of the framework as it stands. But while it is thriving, it also remains fragile. I am confident that the new government would not put the great developments we are seeing at risk by making rushed and one-sided decisions. And I am thrilled that State Minister Grütters has focused on rights holders and the value of intellectual property in her recent speeches.

Let me conclude by stressing how important you are to this effort. Without your active involvement, particularly in the ongoing debate over copyright and intellectual property, we will see a further erosion of these important principles.
We need you to speak up and educate others – lawmakers, policymakers, and the public at large. Tell your own stories about the importance of this industry – not just the history of the last century but the importance of this one and the next. Put simply, if we don’t, who will? Any weakening of copyright and IP protections could devastatingly harm the global explosion of talent and innovation in our industry that we have seen in the past decade. And the crippling of copyright law could irreparably stifle emerging voices around the world. We owe it, not just to those working in this industry today, but to future creators, produces, and artists to ensure that they have the same opportunities as others who came before to be part of a remarkable industry that has shaped the paths and beliefs of both people and nations. An industry that has brought endless hours of joy to audiences around the world; one that informed and challenged us as well.

Respectfully, I am calling on all of us today to speak up and work together to help direct and shape this effort. To stand up not just for the creators of today, but for all of the creators and artists of tomorrow. To guarantee that this remarkable, innovative, and historic industry continues to thrive for generations to come.

Thank you.

1 SPIO, The Spitzenorganisation der Filmwirtschaft e.V. http://www.spio.de/index.asp?SeitID=1299&TID=1299

2 http://www.germany.travel/media/pdf/ueber_uns_2/DZT_Incoming_GTM13_en_web.pdf

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