Opinions concerning Providing All Provincial, Autonomous Region, Municipal and Plan-Listed Cities’ Television Stations with Films for Broadcast

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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.

关于供应各省、自治区、直辖市及计划单列市电视台播放影片的意见

由于电影电视事业的发展和情况的变化,原文化部和中央广播事业局于一九七九年十月二十四日共同制订的《关于供应电视台播放影片的规定》〔(79)文电字第941号文〕,已不符合当前的实际情况。为了协调影视关系,促进影视合作,一九八九年三月三十一日,中国电影发行
放映公司(以下简称中影公司)与中央电视台经过友好协商,重新签订了《关于供应中央电视台播放影片的协议书》,并付诸实施。参照这个协议书的原则,各省、自治区、直辖市及计划单列市电视台(以下简称电视台)和电影发行放映公司(以下简称电影公司)应尽快进行友好协商,并
根据当地具体情况,共同拟订和签署供当地电视台播放影片的协议。
各地重新签订供应电视台播放影片的协议,须遵循以下意见:
一、电影公司提供电视台播放的影片(系指中影公司拥有电视播映权的发行影片),尽可能提供甲级成份的影片拷贝。如系复映片、电影公司亦尽可能向电视台提供质量较好的拷贝。
二、电视台可播放的影片,包括自本地区发行之日起(以电影公司的供片计划为准),至发行期满二十四个月以后的国产故事片、舞台艺术片以及中影公司购有电视播映权的各类进口影片;发行期满四个月以后的美术片、纪录片和科教片。
凡注有“少儿不宜”字样的影片,一律不得提供电视台播放。电视台亦不得要求播放。
三、某些观众面不宽,放映周期比较短的影片(以中影公司通知的片名为准),电影公司可考虑影片在本地区发行期满前六至十个月提供电视台播放,其具体供片时间和播映权费,由双方商定。
四、各地电视台如同时转播中央电视台播放的影片,则不再向当地电影公司支付播映权费。如非同时转播,或自选其他影片播放,其播映权费可参照下列标准由双方根据当地情况具体商定。
首播故事片或舞台艺术片每部(次)400元,复播(包括复映片)每部(次)200元;
首播美术片每本(次)100元,复播(包括复映片)每本(次)50元;
纪录片、科教片不分首、复播,每播放一本(次)30元。
电视台在播放影片之前,须向当地电影公司办理缴费手续,双方也可考虑定期结算播映权费。
五、凡发行二十年以上的国产故事片、舞台艺术片,以及具有永久发行权的进口影片,电视台每播放一部(次)按120元与当地电影公司结算;发行二十年以上的美术片、纪录片和科教片,电视台每播放一本(次),仍按重新签订协议前的价格向当地电影公司缴纳播映权费。
六、电视台播放中影公司统一发行的各类影片,不论其影片(包括影片录像带、镭射影碟或称电影激光视盘等)来源,每播放一部、本(次)均按本文通知规定的价格,向当地电影公司缴纳播映权费。
七、电视台播放中影公司统一发行的各类影片,一律按本文规定执行,不得提前播放、自行转录出售、出租、出借、交换或赠送第三者,不得在国内外发行或进行营业性与非营业性的放映、播映活动、如违反协议,电影公司可视情节轻重,要求电视台赔偿经济损失,直至停供影片。如
电影公司未按协议履行供片义务,亦须向电视台支付一定的违约金。其赔偿金额和违约金,双方可自行协商确定
八、为支持电影公司的影片宣传工作,各地电视台每月可在第一套节目免费播放一次三至五分钟的“银幕简讯”所需资料由电影公司提供,双方免收任何费用。此外,电影公司如需安排电影宣传广告,电视台亦应提供方便,并在价格上给予优惠。
九、电视台直接安排电视节目的各频道播放的影片,包括协议签订前中影公司发行的各类影片,均按本文通知的规定执行。
十、省级以下的电视台(不含计划单列市),原则上不得自行播放影片节目。如确需自播影片节目,亦应由各地电视台与电影公司根据本文通知的精神,商定播放影片的具体办法,并报省级广播电视厅和文化厅核准,按双方签订的协议执行。
十一、影片如有修改、暂停或撤销发行,电影公司、电视台均按我部电影事业管理局的通知执行。进口影片(包括外国及台湾省、香港、澳门地区的影片),电视台应按各地电影公司转发中影公司通知的发行期限执行,逾期不得再行播放。各地电影公司与电视台之间,应加强这方面的
信息交流工作。
中影公司发行的影片中,凡未购电视播映权的,一律不得播放,否则,由违反者一方承担由此而引起的一切法律责任和经济责任。
十二、各地重新签订的协议书,须经当地公证部门认可。

 

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