Exploring the formal and informal distribution mechanisms for Colombian documentary films Sandra Carolina Patino Thesis submitted in partial fulfilment of the requirements of the Degree of Doctor of Philosophy University of Salford School of Media & Arts 2015 I Academically, this work is dedicated to those leaders who work on different organizations and who -while their governments are concerned on how to measure and increase the GDP of their countries- are focused on creating programs, think tanks, centers, movements and experiments that can contribute to the growth of their people, to their personal and professional fulfillment, their creativity, their knowledge, their talents and skills that can support the construction of a society with less inequality and with happier, more empathetic people. Civically, this thesis is dedicated to those political leaders who have been able to realize that it is possible to design public policies against illegality that are based on sustainable formalization and thus contribute to social inclusion. Socially, this work is dedicated to the millions of men and women in Colombia who do not have a formal job and who –for the lack of inclusive and high-quality educational programs and the lack of coverage for their basic needs- do not have internet access or the possibility to watch a film at a movie theater. This is also dedicated to those millions of creative, talented and innovative Colombians who have found a place for making a living while offering entertainment and culture even on the streets, where they provide social, cultural and economic enrichment to many others; some of whom value and respect their job, some who ignore their contributions and persecute them. Personally, this thesis is dedicated to the wise, loving and irreplaceable angels of my life: Iván Darío and David Alejandro. And also to my brilliant supervisor, Professor Erik Knudsen. II Table of Contents Acknowledgements VI Abstract X Introduction 1 Definition of terms 7 Statement of the problem 9 Significance of the study 17 Research questions 20 Research objectives 21 Methodology and methods 22 Overview of the chapters 26 Chapter One Theoretical Framework 34 1.1 Literature Review 34 1.1.1 The formal market versus the informal market 34 1.1.2 The relationship between informality and documentary film as social activism 39 1.1.3 The film distribution platforms of formal and informal markets 48 1.2 Theoretical framework 63 1.3 Background and context 67 1.3.1 The film distribution in non-traditional platforms in Colombia 80 Chapter Two The structure of the formal film markets in Colombia 91 2.1 Overview of the film industry in Colombia 91 21.1 Consejo Nacional de las Artes y la Cultura en Cinematografía (National Council of Arts and Culture in Cinematography) 89 2.1.2 Proimágenes Colombia, Ministerio de Cultura (Proimágenes Colombia, Ministry of Culture) 90 2.1.3 Dirección de Cinematografía, Ministerio de Cultura (Direction of Cinematography, Ministry of Culture) 91 2.1.4 Fondo Para el Desarrollo Cinematográfico - III Ministerio de Cultura (Film Development Fund, Ministry of Culture) 92 2.2 The cultural and commercial duality of the film product 95 2.3 The film distribution chain in Colombia 98 2.3.1 The stage of film production 98 2.3.2 The stage of film distribution 99 2.3.3 The stage of film exhibition 101 2.4 Overview of the formal film distribution markets in traditional and Non-traditional platforms in Colombia 102 2.4.1 Film distribution on television channels in Colombia 102 2.4.2Film theatrical distribution in Colombia 106 2.4.3Film distribution via the Internet 119 2.5 The formal models and their apparent incompatibility with documentaries 124 Chapter Three The structure of the informal film distribution markets in Colombia 132 3.1 Structure of the informal markets in Colombia 132 3.2 Overview of the informal film distribution markets in Colombia 136 3.2.1 Informal film distribution on DVD in Colombia 143 3.3 Piracy and inequity in emerging countries 150 3.4 Statements about the complexity of the film distribution problem and the collective construction of a film distribution model 157 3.5 The different faces of copyright law 167 3.6 Debate on the informality and formalization of markets 173 3.7 ASECOPAC: The formalization of the informal film distribution market of films on DVD in Ecuador 183 3.8 General sustainable formalization models 194 3.8.1 Enterprise formalization through innovation in Colombia 194 3.8.2 The illegal mining industry and its formalization proposal in Peru 198 Chapter Four Alternative Models for film distribution based on education and social activism 207 4.1 Other alternative film distribution models for Latin America 207 4.1.1 Under the milky way: Online film distribution platform of VOD 208 4.1.2 LARED: Non-theatrical film distribution Network 211 IV 4.1.3 Exodus Entertainment: new online and mobile distribution platform in Nigeria 212 4.1.4 Grupo Chasqui: National distribution Microcinemas Network in Perú 215 4.1.5 Efecto Cine: Mobile film distribution platform with inflatable screens in Uruguay 220 4.1.6. The Oral History Project through interviews 225 4.1.7 ‘Colegios al cine’, taking students to the cinema in Bogotá 227 Chapter Five Making a documentary film as a key experience for information research 232 5.1 The film distribution experience of a documentary filmmaker 232 5.2 Statements of people working in illegal film distribution market 239 5.3 Statement of a person who was in prison for film distribution issues 245 Conclusions 253 Appendices 273 Bibliography 301 V Acknowledgements Considering what I have learned during the writing of this doctoral thesis in the past four years, it is impossible for me to thank only those people who contributed to its academic qualities. One of my main improvements as a female researcher during this time, was precisely to learn that just as an interdisciplinary approach is key in designing and developing socially-conscious projects, so is the integral personal growth in psychological, emotional and affective terms that a researcher has in order to become empathetic and sensitive enough to approach research subjects that involve social issues and could be of use for the development of a country from an academic perspective. These lessons that I have learned from the diverse points of view that I have assumed while approaching different knowledge fields and from my personal inclination to understand research as an activity deeply connected with the cultivation of humane values and attitudes, compel me to thank in the following remarks all those people who have been a part of this process in any of its multiple aspects. This is my recognition to their support, help and vital contributions from different areas, without which I could not have taken this work and research to a successful ending. Spiritually, I firstly want to thank my Alpha and Omega, for His greatness, enlightenment, provision, wisdom and strength everywhere and every time. Personally, I want to thank Iván Darío from the bottom of my heart, for his unrivaled love, ideas, contributions, vision, priceless knowledge and total, permanent and generous support. I also thank David Alejandro for his kindliness in understanding that without his affection, motivation, help and faith in what I do I could not have started or much less finish this challenge. I also want to thank Hachiko, our new pet. Academically, I want to give my special thanks to my supervisor Erik Knudsen, for his trust in my work, his guidance, his fundamental contributions and the vital support and assistance he has been kind enough to share with me since I was a Master’s student in the UK. We all need a mentor and I thank Erik for being mine. VI I want to thank a few people from the National University of Colombia as well. Firstly, Professor Rodrigo Cortés for offering me his complete support as the Dean of the Faculty of Arts to guarantee the entire process of my doctoral degree from beginning to end. I also thank the administrative labor required by the Faculty for my studies that was performed by Tsenia Cáceres and Viviana González. Additionally, from the Film and Television School I want to especially thank the personal support, conceptual assistance, suggestions and feedback to my work that came from the professors Hernano Martínez Pardo, Susana Ortiz Obregón, Juan Guillermo Buenaventura and the former student David Alvarez. In third place, I appreciate the generous help of the members of the Colombia Documentary Group in conducting the interviews and the short documentary film that supports this research work: Pilar Pedraza, Alejandro Chaparro and César Bucci. From Salford University, I would like to thank in the first place the personal support and feedback from professors Gareth Palmer, Ben Halligan and that of the assigned internal examiners for my Interim Assessment and the Internal Evaluation of my PhD. Likewise; I want to thank the excellent labor granted for the administrative labors related to my doctoral studies by Deborah Woodman, Emma Stutton, Maxine MacKeever, Paul Farrall and Tracie Davies. For me it is also very important to thank my former classmate Rouba Kourfali for offering me her generous friendship since we studied our Master’s degree together in the year 2000 and for the warm welcome she gave me at her home during my stay in Manchester in the past four years. Additionally, I want to personally express my deepest and most sincere thanks to the following people who were key in the culmination of this process for offering me their friendship and vital support during this time in different academic settings: María Alcira Cruz, Marina de Obregón, Yenny Trujillo and Juan Camilo, Deiryn Reyes, María Clara Ulloa, Yazmin and José Daniel, Jorge Almonacid and Liliana, as well as the friends from the Luna Park School and the Externado University.