Opinions concerning Providing All Provincial, Autonomous Region, Municipal and Plan-Listed Cities’ Television Stations with Films for Broadcast
Because of the development and changing circumstances of the film and television sector, the “Regulations Concerning Supplying Television Stations with Films for Broadcast” originally formulated jointly by the Ministry of Culture and the Central Radio Sector Bureau on 24 October 1979 ((79) CR No. 941), does not conform anymore with the present real circumstances. In order to coordinate the relation between television and film, stimulate cooperation between television and film, on 31 March 1989, the China Film Distribution and Projection Company (hereafter simply named China Film Company) and China Central Television have, through amicable negotiation, again concluded the “Agreement Concerning Furnishing China Central Television with Films for Broadcast”, and put it into practice. With reference to the principles of this agreement, all provincial, autonomous region, municipal and designated city television stations (hereafter simply named television stations) and film distribution and projection companies (hereafter simply named film companies) shall, as soon as possible conduct amicable negotiations, and according to the concrete circumstances of that locality, jointly draft and sign agreements on providing television stations with films for broadcast.
All agreements on providing television stations with films for broadcast again signed in all localities, must adhere to the following opinions:
I, When film companies provide film tapes to television stations (referring to distribution films of which China Film Company owns the television broadcasting rights), they shall do their best to provide film copies with first-rate components. Where it concerns rerun tapes, film companies shall also do their best to provide television stations with copies of relatively good quality.
II, Films that may be broadcast by television stations, include domestic feature films, theatrical art films as well as all sorts of imported films of which China Film Company has purchased the television broadcasting rights, starting from the day of distribution in that region (determined by the film company’s film provision plan), until 24 months after the distribution period ends; and fine art films, documentaries and science or education films until 4 months after the distribution period ends.
Any film, on which the worlds “unsuitable for children” are indicated, may without exception not be provided to television stations for broadcast. Television stations may also not request them for broadcast.
III, For certain films of which the audience is not broad, of which the screening period is relatively short (to be determined by the China Film Company-notified film name) film companies may consider to provide tem to television stations for broadcast six to ten months before the distribution period in that region ends, the concrete film time and broadcast fee is to be settled by consultation of both sides.
IV, If all localities’ television stations relay a film broadcast by the central television station at the same time, they should not pay broadcasting fees to the local film company. If they rely at different times, or selecting another film for broadcast by themselves, the broadcasting rights fees may be concretely settled through consultation by both sides with reference to the following standards.
First broadcast of a feature film or a theatrical art films, 400 Yuan per film (time), rebroadcast (including film reruns), 200 Yuan per film (time);
First broadcast of a fine art film, 100 Yuan per film (time), rebroadcast (including film reruns), 50 Yuan per film (time);
For documentaries and science of education films, no difference is made between first broadcast and rebroadcast, 30 Yuan per time one is broadcast.
Before television stations broadcast films, they must conduct payment formalities with the local film company, the two sides may also consider settling broadcasting rights fee accounts at regular times.
V, For all domestic feature films and theatrical art films, having been distributed for 20 years or more, as well as imported films with perpetual distribution rights, television stations pay 120 Yuan per film (time) for every broadcast to the local film company; fine art films, documentaries and science or education films having been distributed for 20 years or more, television stations pay broadcasting right fees to the local film company according to the price of before concluding new agreements.
VI, When television stations broadcast all sorts of films distributed uniformly by China Film Company, regardless of the source of the film tapes (including video tapes of films, laser video discs or film laserdiscs, etc.), every time one is broadcast, broadcasting right fees are to be paid to the local film company on the basis of the provide provided in this Notice.
VII, When television channels broadcast all sorts of films distributed uniformly by China film company, it shall be carried out according to the provisions of this text without exception, they are prohibited to advance broadcast, and make copies themselves for retail, rental, lending, exchange or donation to third parties, and are prohibited to distribute or conduct commercial or non-commercial screening and broadcasting domestically or abroad, if they violate agreements, the China Film Company may, taking the gravity of the circumstances in consideration, require television station to compensate economic damage, and even stop proving films. If film companies do not implement their film provision duties according to agreement, they must also pay a certain forfeit for breach of contract to television stations. The compensation amount or forfeit may be determined by both parties themselves through consultation, in order to support film companies’ film propaganda work, all localities’ film stations may once every month broadcast three to five minutes of “Screen News” free of charge in the first programme set, the required material is provided by film companies, and both parties will not collect any fee. Furthermore, if film companies need to arrange film propaganda or advertising, television stations shall also provide convenience, and grant preferential treatment on price.
IX, When television stations directly arrange films to be broadcast on all television programme channels, including all sorts of films distributed by China Film Company before signing agreements, it will be carried out according to the provisions in this Notice.
X, Provincial-level and lower television stations (not including plan-listed cities), may in principle not broadcast film programmes by themselves. If they need to self-broadcast film programmes, all localities’ television stations shall also settle concrete film broadcast manners though consultation according to the spirit of this Notice, report it to the provincial-level television office and cultural office for examination and verification, and carry it out according to the concluded agreement.
XI, If films are changed, suspended or distribution is cancelled, film companies and television stations must all implement the Notices of our Ministry’s Film Affairs Management Bureau. For imported films (including foreign and Taiwan Province, and Hong Kong and Macau Region films), television stations shall implement China Film Company-notified distribution periods transmitted by all localities’ film companies, and may not broadcast them again after the term expires. Between all localities’ film companies and television stations, information exchange work in this aspect shall be strengthened.
All films for which television broadcast rights have not been purchased among the films distributed by China Film Company, may without exception not be broadcast, otherwise, the side violating this bears legal responsibility and economic responsibility for everything this entails.
XII, Agreement letters concluded again by all localities must be approved by the local notarization department.