Brief Practical Guide to the production of audiovisual works

Brief Practical Guide to the production of audiovisual works THE REGION OF AND THE epirus film office

Breathtaking mountain peaks. Picturesque villages oozing tradition. Golden beaches with crystal clear and exotic waters. Awe-inspiring gorges, traditional stone bridges, natural and man-made attractions blending harmoniously in a green landscape.

These are the sights a visitor can see and experience in the Region of Epirus, colored and expressed differently, depending on the season. Hence, apart from being a popular destination, the Region of Epirus is the proper setting for audiovisual productions. In Epirus you can find everything you want for movies of all genres and styles. What makes it possible are the natural environment and its divergences, the rich history of the area and the imprint it has left behind, as well as the architecture and aesthetics in the urban centers and in the smaller settlements and villages of all the regional units. This contrast and variety make the area an attractive destination for audiovisual productions as sceneries can be found for any kind of film. The exotic scenery on the beaches of Thesprotia, the fog of , the picturesque Parga and the famous bridge of are just a few classic examples.

Another crucial and important element is the accessibility in the area, which facilitates such ventures. One can reach the Region of Epirus by air, road and sea. The largest airport in the area is the national airport “King Pyrros” located in Ioannina. “King Pyrros” serves some international flights as well. Moreover, Egnatia Motorway and Ionia Odos (Greek Motorway 5) have brought Epirus closer to the major urban centers of and . Finally, the port of is the main channel of communication between the Region of Epirus and Italy by sea.

Epirus Film Office, with its services, provides the proper assistance to those you wish to make audiovisual produc- tions in the Region of Epirus and also aids them in exploring the beautiful at- tractions of the area and the potentially ideal sceneries for a film’s production. 6 Α. INTRODUCTION – BRIEF DESCRIPTION OF THE ROLE OF FILM OFFICE

Α.1 What is Epirus Film Office?

Epirus Film Office is a body/ local authority, offering support to film producers at a regional or local level. It is designed to advertise Greek landscapes to producers and to contribute to the minimization of bureaucratic proceedings by providing consulting services. Regional, Local Government, Municipalities or a consortium of Associations and Bodies of the Film Industry run the Office and oftentimes, in collaboration with public bodies responsible for the growth and promotion of tourism industry of certain region. Epirus Film Office is a non-profit Organization and no fees are charged for its services.

Α.2 What is the purpose of Epirus Film Office?

Epirus Film Office’s activity focuses mainly on addressing promptly the requests concerning film production. Issuing permits in order to minimize bureaucratic proceedings as well as assisting and B rief P ra c ti a l Gu i d e to the pro duc tio n of ud io v su work s attracting film productions are the Epirus Film Office’s goals.

Α.3 Which are the organizations operating in responsible for increasing and assisting film productions?

Ι. National Centre of Audiovisual Media and Communication (EKOME) The National Centre of Audiovisual Media and Communication is designated as the competent body for the National coordination of the co-competent bodies, organizations, ministries and regional and local governments for creating and running the appropriate infrastructures in order International audiovisual productions to take place in Greece.

ΙΙ. Hellenic Film Commission The Hellenic Film Commission is the directorate of the Greek Film Centre responsible for attracting foreign productions in Greece. It is responsible at a national level for the marketing, development and promotion of national strategic actions with the aim of attracting audiovisual productions in the country.

7 Β. INCENTIVES FOR ATTRACTING PRODUCTIONS OF AUDIOVISUAL WORKS

Which are the financial incentives secured by Greece for producers of audiovisual works?

The legislative framework in Greece concerning the attraction of productions of audiovisual works entails two fundamental pillars:  Cash rebate investment incentive, which provides for rebates amounted to 40% on the productions of audiovisual works taken place in Greece, and  Tax relief incentive of 30% of the eligible expenses of productions of audiovisual works.

Electing either of the abovementioned investment incentives shall not preclude the accumulative implementation of the remaining incentive, for law’s intention is the establishment of a multiply beneficial framework for the production of audiovisual works.

Β.1 State Aid as Cash Rebate

The incentive cash rebate constitutes state aid in the form of rebate 40% on the value of the expenses of the production of audiovisual works incurred in Greek Territory.

Β.1.1. Which audiovisuals works are eligible for cash rebate?

Eligible audiovisual works: the episode or episode section or episode season of a television series, the episode or episode section or episode season of a television mini-series, the television film or theatrical film or section thereof, regardless of duration, the digital game. The content of the above may be fictional, creative documentation (documentaries), animation, as well as cultural or educational digital games.

Audiovisual works that are not eligible: recorded or filmed art shows and events (theatre, opera, dance, music etc.), any kind of sports show, reality TV shows, various entertainment programs, advertisements etc.

8 B rief P ra c ti a l Gu i d e to the pro duc tio n of ud io v su work s

Β.1.2 Which are the general conditions for being included in the investing scheme of cash rebate?

 Minimum amount of eligible expenses With regards the inclusion in the aid scheme for investment plans concerning the production, a minimum amount of total expenses incurred in the Greek Territory depending on the kind of audiovisual work is required. The minimum amount for each kind is as following: a) for theatre or television films, the total of eligible expenses shall amount to at least one hundred thousand (100,000) Euro for said expenses, regardless of the size of the operator, b) for theatre or television films, with the content of creative documentation (documentaries), the total of eligible expenses shall amount to at least sixty thousand (60,000) Euro for said expenses, regardless of the size of the operator, c) for theatre or television short films, the total of eligible expenses shall amount to at least sixty thousand (60,000) Euro for said expenses, regardless of the size of the operator, d) for episodes or episode season of a television or mini television series, regardless of number of episodes and duration: da) of fictional content, the total of eligible expenses implemented within the Greek Territory shall amount to at least twenty five thousand (25,000) Euro per episode produced, regardless of the size of the operator, db) of creative documentation content (documentary) or animation content the total of eligible expenses shall amount to at least twenty thousand (20,000) Euro per episode produced, regardless of the size of the operator,

9 e) for episodes or episode season of a television or mini television series of a minimum number of seventy (70) episodes, regardless of content, the total of eligible expenses shall amount to at least fifteen thousand (15,000) Euro per episode produced, regardless of the size of the operator, f) for episode sections of a television or mini television series, regardless of number of episodes and duration: fa) of fictional content, the total of eligible expenses shall amount to at least one hundred thousand (100,000) Euro for all sections comprising the investment plan for inclusion, regardless of the size of the operator, fb) of creative documentation content (documentary) or animation content the total of eligible expenses shall amount to at least sixty thousand (60,000) Euro for all sections comprising the investment plan for inclusion, regardless of the size of the operator, g) for digital games, the total of eligible expenses shall amount to at least thirty thousand (30,000) Euro, regardless of the size of the operator.

 Maximum Amount of Eligible Expenses There is no maximum amount of eligible costs with regards to submitting a proposal of investment plan.  Eligible Cultural Content connected with Greece (cultural criteria) Depending on the category of the investment plan (fictional, creative documentation [documentary], animated, digital game or difficult audiovisual work) its content must bear disjunctively or cumulatively features which are connected with Greek culture, language or location. Participation of Greek cast and crew in the completion of the work, as well as choosing Greece as the filming location for part of the production are assessed especially positively.

10 Β.1.3 Who can be beneficiary of the cash rebate?

Beneficiaries of the cash rebate scheme are: -companies which are established or have a branch in Greece and whose object of operation is: a) the production or execution of the production of audiovisual works, b) the production of audiovisual works in the context of cross-border production (KAΔ 59.11 and 59.12), and -foreign undertakings producing audiovisual works, for the purposes hereof are contracted with a business established or with a branch in the Greek Territory operating to execute productions of audiovisual works or parts of them  It is important to highlight, that the inclusion application is submitted in any case within the Greek Territory, either by the company established in Greece or by the company with a branch in the Greek Territory. However, aid is provided to the business that the contracting parties expressly specify as beneficiary.

B.1.4 Which are the eligible expenses of audiovisual work production?

Eligible costs are the costs on the production of audiovisual works which takes place in Greece and does not exceed 80% of the total cost of production of the audiovisual work (eligible production B rief P ra c ti a l Gu i d e to the pro duc tio n of ud io v su work s costs), in the event of receiving other state aid apart from cash rebate aid see B.1.5. More specifically, eligible expenditure includes are the following:

Α expenditure on rights such as script, music. expenditure on all kinds of services directly related to the production of the audiovisual work, such as accommodation and food, transportation, hire of equipment, studios, Β post-production services. C the labor costs for the implementation of the investement plan. D material supply costs. ε design, production and testing costs of the digital game software.

It is clarified that eligible costs indicatively do not include expenditure on production and execution of “pilot” of one independent audiovisual work (tester). The costs incurred by a foreigner are eligible if he is taxed and socially insured in Greece and he is contracted with a Greek production company.

11 Β.1.5 What is the rate of the State aid for cash rebate? Is it possible to combine it with other types of State aid?

The rate that determines the amount granted by State aid, as of 2020, is fixed to 40% on the value of total eligible expenses of production. The amount of the grant is calculated, after the certified completion of the investment plan and is paid in a lump sum to the beneficiary of the eligible expenses of production. Applying for cash rebate does not act restrictively in terms of receiving other forms of State aid. An investor can therefore seek and receive other forms of State aid without any limitation on their number, provided that:  The total of granted State aids will not exceed 50% of the total production expenses of the audiovisual work.

 This limit is extended to 60% of the total production expenses of the audiovisual work in case of cross-border production and to 80% of total production expenses in case of “difficult” audiovisual works.

However, when granting more State aid, in order to calculate the percentage and the exact amount of State aid of cash rebate, the amount of state aid with which the production has been granted is first deducted from the total production expenses of the audiovisual work. In terms of tax treatment, the cash rebate State aid does not increase the income from business activity, but is considered a reduction of the cost of the subsidized expenditure and therefore not taxed.

12 Β.1.6 What is the process for submitting the application for inclusion?

The National Centre of Audiovisual Media and Communication (EKOME S.A.) coordinates the applications submitted by concerned investors. This centre is the body to which applications are submitted and is responsible for processing them.

The application for inclusion must be submitted to EKOME through the State Aid Management Information System (SAMIS/PSKE) of the Ministry of Development and Investments by a company that has either its headquarters or a branch in Greek territory, regardless of whether the aid is requested entirely on behalf of a foreign company collaborating with the applying company.

The application is submitted throughout the year and up to ten days before the start date of the investment plan.

It is clarified that production costs incurred after the submission of the application and until the start of production work are normally recognized as production costs if they are eligible according with the provisions of paragraph B.1.4.

 Particular attention should be paid to the fact that the start of production work on the investment plan B rief P ra c ti a l Gu i d e to the pro duc tio n of ud io v su work s prior to the submission of the application for inclusion results in the rejection of the application for the entire investment plan.

Β.1.6.1 Which elements are included in the application for inclusion?

The application for inclusion shall contain at least the following elements: a) the name and size of the business, b) a description of the work also including the start and end dates, c) the place or places of work execution, d) the list of work expenses, e) the amount of the public funding required for the work and f) a statement of the cultural criteria the investment plan is subjected to.

Β.1.6.2 Supporting documents accompany the application for inclusion?

The application for inclusion shall be accompanied by the following supporting documents: a) indicative work planning for the audiovisual work, pointing out the filming days required in Greece, b) a detailed budget, specifying the expenses made in the Greek Territory, c) a funding plan, indicating any other state aids and the percentage of said aids, d) the screenplay or a synopsis thereof, e) written statement - reference of the investment operator to the main artistic contributors, as well as the crew who will be employed during the works in Greece, f) administrative fee slip amounting to 0.0005 of the sum of estimated eligible costs. This sum amounts to a minimum of one hundred and fifty Euro (€150) to five hundred Euro (€500) and a maximum amount of a thousand five hundred Euro (€1500) to two thousand five hundred Euro (€2500) as the case may be.

13 Β.1.7 What is the evaluation process and how long does it last?

Β.1.7.1. The completeness and legality of submitted applications shall be reviewed within ten (10) business days after the application submission and if it is found that some supporting documents or information is missing, the applicant is obligated to submit said documents or information to EKOME within an exclusive period of five (5) business days. In case the missing supporting documents or information are not submitted within the period of the above paragraph, the application shall be rejected due to incomplete file.

Β.1.7.2 After the successful assessment of the completeness and legality of the application, an evaluation of the application’s contents is carried out by a three member committee within ten (10) business days after the evaluation mentioned in the previous paragraph.

If clarifications are required regarding the content of the file, a period of five (5) business days is granted to the operator, in order to provide said clarifications to the relevant assessment committee.

Β.1.7.3 In case the application gets rejected, the applicant may electronically submit an objection via PSKE within a period of five (5) business days after notification of the relevant act. An Objection Committee shall examine the objection within a period of ten (10) business days after the submission of the objection and address the objection to the competent body of the Ministry of Digital Governance which issues the relevant decision.

Β.1.7.2 In case the applicant wishes to withdraw the application for inclusion of its investment plan, up to the issue of the decision of previous paragraphs, it shall submit a relevant request to EKOME and the investment plan shall be therefore rejected of those grounds.

14 Β.1.8 How long does it take to receive the State aid?

Β.1.8.1 The granting of State aid requires that the proper completion of production be checked in advance. Hence, the body of the investment plan within six (6) months from the completion of the investment is required to submit an application for control via PSKE, accompanied by the following supporting documents to activate the aid payment procedure:  The completion period for investment plans shall not exceed three (3) years after the publication date of the decision for inclusion on cash rebate.  The investment plan operator is required, under penalty of revocation of the decision for inclusion or of non-certification of completion of the investment plan, to implement at least sixty percent (60%) of the investment plan that has been included in the aid scheme hereof, subject to the condition that the total eligible expenses implemented in the Greek Territory and corresponding to the above implementation percentage exceed the lower limits of eligible expenses.  For every investment plan, under penalty of revocation of the decision for inclusion, the necessary forms of insurance must be applied, at least for the human resources and especially the artistic and technical contributors. The control procedure shall be completed within twenty (20) business days after the submission of

the application for control and it ends with a decision for the completion of the investment plan, and B rief P ra c ti a l Gu i d e to the pro duc tio n of ud io v su work s if the controlling body finds serious omissions in the investment, it issues a revocation of the decision for inclusion. Following the confirmation of the completion of the investment plan, the amount of the subsidy shall be paid in a lump sum to the beneficiary within two (2) months after the decision for the completion of the plan.

Β.1.9 What happens in case the final incurred expenses are less than those originally approved by the decision for inclusion?

In case the final implemented expenses are less than those approved initially, the investment plan will receive the amount of State aid reduced proportionately. The investment plan entity is obliged to realize at least 60% of the investment plan that has been qualified for the aid scheme in accordance with the decision for inclusion. Otherwise, in case the investment plan implements expenses less than 60% of the approved expenses, the investment plan entity is deprived from its right to receive the State aid.

15 Β.2 Tax Relief

Tax relief is the second tool though which the production of audiovisual works is boosted in Greece and is a relief of 30% of the eligible costs deducted from the net taxable results of the financiers of the approved investment plan, as they result from the income tax return

Β.2.1 Description, terms and conditions of tax relief

Tax relief measure provides that:  30% of the eligible expenditure of each audiovisual work, as long as they are made in Greece, shall be deducted from the taxable income of a natural or legal person or legal entity that is a taxable person in Greece.  In the case of co-producers, the amount deducted in accordance with paragraph 1 shall be calculated on the basis of the percentage of participation of the natural or legal person or legal entity in the production. Necessary condition for the implementation of the beneficial provisions of the tax relief scheme every producer should keep a Special Bank Account in a Greek Credit Institution and submit an Application for Qualification to the National Centre of Audiovisual Media and Communication (EKOME) accompanied by the required supporting documents:

Β.2.2 Categories of Eligible Expenses

The categories of the eligible costs for the implementation of the tax relief scheme are laid down by the Ministerial Decision No 1007/17.01.2019. The categories of the expenses are listed restrictively by said Ministerial Decision and cover the costs of copyrights, salaries for the crew, the cast and the executive producer, production design and implementation, technical equipment, travel, accommodation and food, montage and editing and other expenses, such as office costs and rental of offices sites or equipment.

16 If the audiovisual work cannot be completed within 36 months following the submission of the application to qualify for the favorable provisions of the law due to failure of the producer and inability to find a new producer, it is mandatory to notify the competent fiscal authority within a month following the non- completion of the work and the amounts paid, which have been deducted from the taxable income according to the abovementioned, are added to the income tax declaration of the fiscal year, during which notification of the failure to complete the work has been sent.

Β.2.3 Example of implementation of tax relief

Suppose that the total amount of eligible expenses made for an investment plan equals 120,000 EUR for the year 2021 and the work is financed by four natural or legal persons or legal entities (investors) as follows: a) Investor 1: 10,000 EUR, b) Investor 2: 10,000 EUR, c) Investor 3: 50,000 EUR, d) Investor 4: 30,000 EUR

The total invested amount is 100,000 EUR. The 30% limit of the eligible expenses is 120,000 x B rief P ra c ti a l Gu i d e to the pro duc tio n of ud io v su work s 30% = 36,000 EUR and applies for all investors. Based on the above, each investor will have the below amounts deducted from their taxable profit, depending on their participation rate to the total investment: a) Investor 1: 10,000/100,000 x 36,000 = 3,600 EUR, b) Investor 2: 10,000/100,000 x 36,000 = 3,600 EUR, c) Investor 3: 50,000/100,000 x 36,000 = 18,000 EUR, d) Investor 4: 30,000/100,000 x 36,000 = 10,800 EUR, It is now clear that in the case of more than one investor, the 30% limitation calculated based on the total eligible expenses shall be foreseen for all investors according to their participation rate.

17 C. PERMITS PROCESS

C.1.Private Property

For film or other shooting in private property, it is required to secure permits issued by the owners of that property.

C.2 Film shooting in open-air spaces (owned by the State)

In case of shooting in open-air, public sites of contemporary urban landscape, where monuments are part of the background, shooting can take place without securing permit by the Ministry of Culture and Sports, to the extent that the filming does not focus on the monuments and does not relate directly or indirectly to the monument.

C.2.1. General Filming Permits are issued by archaeological, military, municipal and other competent authorities. There is no central, nationwide body responsible for issuing filming permits. The application and issuing procedures, time required, and fees levied vary from location to location. The Ministry of Culture and Sports (YPPOA) is responsible for the vast cultural heritage of Greece. This includes the country’s archaeological sites and modern (post-1830) monuments, museums, movable and immovable cultural assets, underwater monuments, cultural buildings and historic sites (Article 46, Law 3028/2002).

C.2.2.2. Filming in monuments, archeological sites, historical locations and museums

18 LEGISLATION

1. The Ministerial Decision No ΥΠΠΟΤ/ΓΔΑΠΚ/ΑΡΧ/Α1/Φ42/1020/62/10-04-2012 (Government Gazette 1138/Β’/10.04.2012) “Approval of terms and procedures for filming in monuments, archeological sites, historical locations and museums, in accordance with the annexed catalogue”.

2. The Joint Ministerial Decision No ΥΠΠΟΤ/ΔΟΕΠΥ/ΤΟΠΥΝΣ/126463/28- 12-2011(Government Gazette 3046/Β’/30-12-2011 “Fees for photography-filming and use of audiovisual works and images of archeological sites, historical locations, monuments, museum exhibitions and collection. Fees for hosting events in archeological sites, historical locations and fixed monuments”.

The Ministry of Culture and Sports with its competent Directorates, Services and Councils, is responsible for issuing filming permits (for cinematic and other audio-visual productions) for archeological sites, museums, monuments and historical sites in Greece.

The filming permit is granted after the relevant application form is submitted by the interested parties. The following information is required to complete the application form: B rief P ra c ti a l Gu i d e to the pro duc tio n of ud io v su work s

 The full details of the natural or legal person (name/surname, postal address, telephone, e-mail), in whose name the permit and the document for the collection of the fees will be issued, including the tax details, as well as the name of the person responsible for the production.

 Purpose of filming.

 A synopsis of the script in Greek or English, as well as a description of the scenes that will be shot in the specific areas, in the case of a fiction film or a commercial or TV production (excluding news programs). In case of a documentary, a description of the action of the script without dialogues (treatment) is submitted.

 List of the crew and description of the technical equipment to be used, as well as any description that facilitates the understanding of the shooting conditions.

 Detailed list of shooting dates per monument / space / museum.

 Solemn declaration that the terms of this decision will be observed

 Solemn declaration that the applicant will pay the corresponding VAT in terms of payment of fees.

 Certificate / official statement for the amount of the production budget and the crew list for the whole production.

 In the case of fiction films, commercials, TV productions (excluding news programs) and documentaries, an additional Certificate provided by the Greek Film Centre is required, documenting that the script or the treatment does not promote violence, racism or sexism and does not violate current Greek law and human rights.

19 C.3.1 Fees for photography – filming and using audiovisual works and depictions of archaeological sites, historical sites, monuments, museum exhibitions and collections.

The fees for photography – filming and using audiovisual works and depictions of archaeological sites, historical sites, monuments, museum exhibitions and collections are explicitly determined by ΥΑΥΠΠ//2011 (ΥΑΥΠΠΟΤ/ΔΟΕΠΥ/ΤΟΠΥΝΣ/126463 Government Gazette: Β /3046 /2011).

The fees for filming should be paid before the filming takes place and the receipt must be presented to the competent authority, Ephorate of Antiquities or Museum.

For all spaces, museums and monuments in the Region of Epirus, the fees per day and space without the inclusion of persons are 100 Euro + VAT. The fees per day and space with the inclusion of persons are 1600 Euro + VAT. The fees for underwater filming are 800 Euro + VAT per day and space. The fees for aerial filming are 800 Euro + VAT per day.

20 The applicant is obliged to send to the Directorate of Museums a copy of the receipt of payment of the corresponding Real Property Tax fees (ΤΑΠ) within one month following the Decision granting the permit.

Those exempted from paying filming fees are: 1. Excavators / researches granted with the relevant permit. 2. Greek or foreign scientists serving purely scientific / educational purposes. 3. Film productions of any kind made by the Ministry of Culture and Sports. B rief P ra c ti a l Gu i d e to the pro duc tio n of ud io v su work s

21 C.3.2 Audiovisual works production fees

After the completion of filming, the interested party sends the produced audiovisual material to the competent authorities (Ephorate of Antiquities or Museums) to pay the corresponding fees for the use of the material.

1. For each use by the audiovisual work the following fees are paid: a) for audiovisual works with total production cost less than 50,000 Euro, ten Euro per second of depiction, b) for audiovisual works with total production cost from 50,001 Euro to 200,000 Euro, twenty Euro per second of depiction, c) for audiovisual works with total production cost from 200,001 Euro to 500,000 Euro, fifty Euro per second of depiction and d) for audiovisual works with total production cost exceeding 500,000 Euro, one hundred Euro per second of depiction.

2. The abovementioned amounts of fees are reduced by 50% in the case the audiovisual work is mainly of educational, scientific or cultural character, as well as in the case the audiovisual work promotes internationally Greece as a tourism destination.

3. Use fees are not paid in case of audiovisual works with no direct or indirect economic or commercial purpose.

D. Filming permits granted by Municipal Authority

The Municipal Authority competent at the time grants filming permit, after the relevant application has been submitted. The municipality examines and processes the application in the context of the legislation in force and it secures that the requirements for the unimpeded progress of the audiovisual productions and the proper use of public space.

22 Ε. Permits for photography or filming of species of wild fauna or flora granted by the Ministry of Environment and Energy

The competent Office for granting permits for filming species of wild fauna or flora is the General Secretariat of Forest and Agro-environment development and protection, Ministry of Environment and Energy, where the interested party submits its application.

The detailed information and guidelines with regards to the applications submitted by the interested parties (licensing legal framework, procedure, authority of granting permits and personal and further information about the applicant) are laid down by: (a) Circular No 105067/2901/14-6-2004 (b) Document No 127557/2178/7-7-2016 (ΑΔΑ: Ω5ΑΝ465ΦΘΗ-ΩΥΚ) (c) Office Document No 135366/373/5-2-2016 (ΑΔΑ: Ω1ΝΓ4653Π8-ΩΙΩ)

It is noted that the interested party after the completion of the works, is obliged to share representative sample with the Office for its archive.

F. Granting permit for photography or filming in areas of National Borders, Military/

Port Facilities and Airports B rief P ra c ti a l Gu i d e to the pro duc tio n of ud io v su work s

Concerning filming in military/port facilities, airports, national borders, underwater or aerially a special permit is required from the competent bodies.

Interested parties must submit their request to the International Media Support Department (public. [email protected]) at least three weeks before the photography or the filming takes place.

G. Granting permit for filming with drones

All members of the film crews who wish to film with drones are kindly requested to address their request to the International Media Support Department ([email protected]) after completing the relevant application (http://www.ypa.gr/en/HCAA_ UAS_FLT_request_editable.pdf) of the Hellenic Civil Aviation Authority (HCAA), at least 10 days before filming.

Useful Information

The General Secretary for Communication and Media of the Ministry of Digital Policy, Telecommunications and Media provides assistance and guidance to foreign television crews, documentary creators, journalists and photographers needing permission from the competent authorities for shooting and photo shooting. Contact Information: General Secretary for Communication and Media, Sector of International Media Support, Phone: +30 210 9098310, +30 210 9098338, Email: [email protected], Website: www.media.gov.gr

23 D. INTELLECTUAL PROPERTY RIGHTS AND THEIR COMMERCIAL EXPLOITATION

Intellectual Property Law stipulates that the copyright creators acquire the intellectual property of a work upon creating it. This includes, as exclusive and absolute rights, the right to exploit the work (property right) and the right to protect their personal bond with the work (moral right). Property rights are freely transferable but moral rights are not transferable while the creator is alive.

D.1 Who is considered the creator of the work in audiovisual works?

The creator of an audiovisual work is considered to be the director, contrary to other legal orders in which the creator of the work is considered to be its producer. Transferring rights of commercial exploitation of the work is possible, as it will be analyzed in detail below, by means of a contract agreement for audiovisual production.

It must be noted that given the fact that in an audiovisual work is created through the artistic cooperation of more people such as the script writer or camera operator, it is possible to acknowledge them as the creators of their own work and contribution.

D.2 How is the intellectual property right of an audiovisual work protected?

According to Greek Law, the protection of the intellectual property right requires no formality. In other words, there is no formal or legal procedure required to be observed by the creator of the work in order to protect it, for he has obtained the intellectual property right from the moment of its creation, without any formality being in place.

24 D.3 How long do intellectual property rights of audiovisual works last?

The intellectual property right lasts for seventy (70) years after the death of the last living of the following persons: the main director, the screenwriter, the dialogue writer and the composer of music written especially for the audiovisual work.

D.4 Which rights are included in the intellectual property right of the creator (economic and moral)?

The creator of an audiovisual work is the holder of two kinds of rights, the economic and moral right, which combined constitute the intellectual property right of its work. The economic right allows the creator to exploit and transfer his work, in order to derive financial reward mainly, while the moral right concerns the right of paternity of the work providing for the obligation to attribute the work to its creator in any public use of the work and in general, it is linked with the personality right of the creator and its protection by not distorting the work. Brief Practical Guide to the p roduction of audiovisual works

25 D.5 How does the producer of an audiovisual work the right to gain financial reward from the work?

It is common in cases where the creator of an audiovisual work is different from the producer, that an audiovisual production contract is concluded in order the production of the work to be allowed through the transfer of respective powers to the producer.

In the case of contracts between the producer and the creators of individual parts of the work, incorporated in the work, the specific powers transferred from their economic right to the producer must be defined, otherwise the contract between the producer and the creators of individual parts of the work transfers to the producer those powers, that are necessary for the exploitation of the audiovisual work, in accordance with the purpose of the contact. The above also apply in the case of a contract between the producer and the creators of the individual parts of work incorporated in the audiovisual work.

It is noted, that agreeing these contracts is deemed pivotal, because the expenses related to obtaining or exploiting intellectual property rights are eligible costs for incentives to boost production, such as state aid scheme of cash rebate and the application of tax relief, and the respective intellectual property contracts are included in the supporting documents required for proving and confirming the eligible expenses.

D.6 What is provided for the right of remuneration of the intellectual property rights creator?

The intellectual property rights law explicitly stipulates that for audiovisual works contracts, the intellectual property rights creator reserves the right of remuneration for each separate way of exploitation of his audiovisual work. This remuneration is set at a certain percentage, the amount of which is agreed upon in the relevant contract.

D.7 How is the creator’s intellectual property right protected?

The intellectual property right creator is protected by civil, administrative, criminal and even technical remedies. Intellectual property rights law includes a variety of repressive and preventive provisions for intellectual property rights including increased civil, administrative and criminal sanctions.

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CIAK project Common Initiatives to AcKnowledge and valorize tourism potential of the programme area through cinema is funded by Cooperation Programme Interreg V-A Greece-Italy 2014-2020.

The project is part of the Priority Axis 2 - Integrated Environmental Management - with a budget of around 888,796 euros.

www.epirusfilmoffice.eu

REGION OF EPIRUS

Project co-funded by , European Regional Development Funds (E.R.D.F.) and by National Funds of Greece and Italy