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Law on Cinematography - Albania, No. 8096, March 21, 1996
 
 
   
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Pursuant to Article 16 of the Law No. 7491, of April 29, 1991 “On the main constitutional dispositions”, by proposal of the Council of Ministers:

THE PEOPLE’S ASSEMBLY

OF

THE REPUBLIC OF ALBANIA

DECIDED:

Article 1

General Dispositions

This law defines the basis and principles of the organization, direction and development of cinematography (such as the form of artistic expressiveness), as well as the endowment fund of the state.

Article 2

The following definitions shall be formulated on the effects of this law:

Film is considered the audiovisual production, which carries a quantity of
interrelated film sequences accompanied or no with sound, which produce the effect of action, achieving a unique harmony between form and content.

Author according to this law, is considered the person or the persons that based to their creative abilities realize a cinematographic production. The authors, criterion of their evaluation, and the esthetic elements, are determinated in the “The copyright law”.

Film – copy is considered the material object, in which the production has achieved a permanent form in one of the familiar techniques, and which the producer has materialized for the first time.

Public performance is considered the layout design of all copies through apparatus of any possible techniques, in front of a group of people in whatever country and not in a familiar milieu.

Distribution is considered the purchase, exchange, donation and hiring of the copy of the film, within the country or abroad.

Producer is considered a native or foreign legal or physical person or group of persons that organized and support financially and take the responsibility about the realization of a cinematographic production, with or without a budgetary fund. He owns this cinematographic production, except the legal public person, that hasn’t a profitable intention. 

Distributor is considered a native or foreign legal or physical person or group of persons, who carries out the commerce and distribution of the film, for profitable intentions.
“Productions companies” are considered the producers that have a cinematographic activity, according to the Albanian legislation.  The productions companies function as a legal person and are registered at the National Center of Cinematography.

Albanian Film is considered a work completed by a producer or in co­-production with one or more other native or foreign producers, when:

a)    the control copy shall be in the Albanian language;

b)    the financial contribution of Albanian legal or physical persons in the production of the film is more than 51%.

Co production is considered the production of a film work by two or more native or foreign legal or physical persons, who are co-proprietors of the work, according to the agreement signed by them, in proportion to the percentage of the financial contribution given for its production.

Service is considered the placing of the places, techniques and other means for the production of the film at the disposal of the specialists in the realm of cinematography.

Hall is considered a closed or open public place, with one or more screens.

The Budgetary Fund is the endowment fund for the creation, production and distribution of the film work; for the protection of cinematographers, as well as of the activity of the National Center of Cinematography.

Outside Endowment is considered any kind of endowment of the NCC film project, in the form of a bank credit, donation, and sponsorship, outside the budgetary funds.

Article 3

The National Center of Cinematography ( NCC) shall be established as a legal person with the status of a National Institution, depending on the Minister of Culture, Youth and Sports for the coordination of the work, the financial support, stimulation of the cinematographic activity in the Republic of Albania, and the presentation of the Albanian cinematography abroad.
The Status of the National Center of Cinematography is approved from the Council of Minister, with the proposition of the Minister of Culture, Youth and Sports.
The regulation of the function of NCC is approved from the Chairman of this Center.

Article 4

Main Responsibilities of NCC

The main responsibilities NCC are:

1)To determine the distribution of budgetary funds for the genres of the film (artistic, documentary and animated);

2)To distribute the funds for the projects, which carry out the demand of the regulation of the production and distribution of the film and which convey qualitative values and national cultural interest. It also reports on the completion of the projects and on the allocated funds;

3)To approve the projects for the production of Albanian or foreign producers film works, when NCC gives the funds;

4)To allocate the funds for national and international festivals and film weeks;

5)To propose changes and improvements, in law, decisions, orders,   and executive orders, and especially about the organizational, technical, legal and financial measures, to a better function of the national, legal system of film.These propositions, after being examinated from the Ministry of Culture, Youth and Sports,will be presented in the Council of Ministers through the  Minister of Culture, Youth and Sports.

6)To organize and support financially the qualification, the specialization, and the preparation of the new film makers, and also the publication of different cinematographic activity.

7)To register all legal or physical persons who carry out the production and distribution of the films in accordance with the procedures defined in the regulation; and also to provide with a certificate for the practice of these activities for all the persons that satisfy the necessary conditions, determinated in the regulation.

8)To register all legal or physical persons who own halls or other places for the performance of film works, in accordance with the regulation of distribution and performance of the film works in the territory of the Republic of Albania;

9)To register the produced or imported films which will be exhibited in the territory of Albania.

10)To monitor the implementation of the technical standards of the apparatus operating in Albania for the production and distribution of the film works;

11)To organize the qualification, specialization and education of young cinematographers;

12) To inform the producers of its financial possibilities, the changes in its approbatory councils, the amendments of the legal and sub legal acts, as well as of its participation in national and international festivals and film weeks.

13) To examine artistically the projects presented from the persons charged in the Project Council.

14) To analyze the technical-economical documentation of the presented projects, to carry out the normative approved by it.

15) To support financially with a particularly budgetary fund, the projects of the distribution of the Albanian films, in Albania and abroad.

Article 5

The fund of NCC is public, on its own voice within the state budget, and the remnant at the end of the year passes to the next year budget.
“The utilization of the budgetary fund for the subvention of the film works excludes the procedures of the Law “For the public procurations” and carries out the dispositions of this Law, and its acts.

Article 6

The income of NCC consists of the following:

1.the fund allocated in the state budget;
2.the income which will be provided by the distribution and sales of the film works produced by budgetary or partly budgetary funds;
3.a part of the income provided by the sales of cinematographic works produced after this law came into force;
4.the income from sponsors and donators.

The Council of Ministers shall allocate an income estimated with a percentage for the points 2,3 and 4.

DIRECTING BODIES OF NCC

Chairman

Article 7

The Council of Ministers shall nominate the chairman of NCC between two candidates proposed by the Minister of Culture, Youth and Sports, for a 4-year period. He! she can be dismissed by the body that nominates him for motivated reasons.
The chairman of NCC approves the organizational structure and projects presented by the approbatory councils of projects.

Article 8

The cinematographers associations shall propose and elect the approbatory councils of projects. Their chairmen, who shall be elected by the relevant councils, shall direct them. The approbatory councils are non-functional and provisional authorities. The approbatory councils have a fixed time limit to 2 years. The approbatory council, is composed to 5-7 persons. The manner of their function is determinated to the regulation of National Cinematographic Center.

Article 9

Approbatory Project Councils

Approbatory project councils in the three film genres shall judge and select the projects from artistic and economic points of view and present the winning projects to the chairman for approval.
“The Chairman of National Cinematographic Center has the authority to return back the decision of the approbatory project council for the selection of the project, mentioning the relevant reasons”.

Article 10

Monitoring Commission

The chairman of NCC shall appoint the Monitoring Commission. It shall provide the film works produced within the territory of Albania or imported outseas with distribution licenses. The competent commission shall nominate the chairman of the Monitoring Commission. The Monitoring Commission is a non-functionary body with a fixed time limit.

Article 11

The NCC Monitoring Commission shall provide the distributors with distribution licenses according to the following categories:

1. A category when the film is allowed to be seen to all age groups

2. B category when the film is allowed to be seen to all citizens over 14 years old

3. C category when the film is allowed to be seen to all citizens over 18 years old

The NCC Monitoring Commission shall not provide the distributors with film distribution licenses, when the film is not in conformity with the constitutional laws.
When the distributor does not agree with the decision of the Monitoring Commission, they shall lodge an appeal to a judge.

Article 12

Financial Commission

The chairman of NCC shall nominate the financial commission. This commission shall judge the project from the financial point of view and monitor the use of the budgetary fund of the approved projects.

Article 13

The regulation of NCC defines the organization and responsibilities of the approbatory council.

Article 14

The producer contracts  with the authors of the film works, of a film work is a legal or physical, native or foreign person or group of persons that organizes and supports economically and takes the responsibility of the completion of the film work with or without a budgetary fund. They enjoy economic ownership of the produced film work.

Article 15

All producers or group of producers that comply with the articles of this law, introduce their request for budgetary fund for the realization of the project. They enjoy the exclusive right to obtain this fund after the assignment of the agreement.

Article 16

All producers or group of producers that have taken budgetary funds shall present a detailed report of their activity and the use of this fund in the NCC, after they have accomplished their work.
This shall serve as a basis to the priority that can be given to the producer in obtaining budgetary funds for the fulfillment of future projects.

Article 17

The producers who have provided a part of the capital for their works themselves or from native or foreign co-producers, sponsors, foundations, donators or bank credits, shall have the priority in obtaining budgetary funds.

Article 18

The producers shall employ managers who are members of cinematographers associations for the fulfillment of the approved project with a fund entirely budgetary.

Article 19

The producers, who have obtained funds from the NCC, have the right to cany out other audiovisual activities, but their activity.

Article 20

Distributor

The distributor shall be registered in the NCC.

Article 21

No distributor can distribute the film without the respective license given by the monitoring commission.

Article 22

The distributor shall distribute the imported film either dubbed or subtitled in Albanian language.

Article 23

The distributor shall distribute and trade the film produced with budgetary funds in agreement with the producer and cinemas or television, in compliance with the articles of this law and of the author’s right.

Article 24

Albafilm Studio

Applying to this law Albafilm Studio is a shareholding trade society, in which state is the main shareholder with no less than 51% of the shares. Its main direction is audiovisual production.

Article 25

Albafilm studio shall develop production or service contracting relations with Animation Albafilm Studio producers who have benefited endowment by NCC, other native or foreign producers, television stations and other native or foreign legal or physical persons.

Article 26

Animation Albafilm Studio

Applying to this law Animation Albafilm Studio is a share holding trade society in which state is the main shareholder with no less than 51% of the shares.

Article 27

Animation Albafilm Studio shall develop production and service contracting relations with producers who have benefited endowment by NCC, other native or foreign producers, television stations and other native or foreign legal or physical persons.

Article 28

Central and State Film Archive (CSFA)

Central and State Film Archive is a budgetary institution on the dependence of the Ministry of Culture, Youth and Sports, with the status of the object of special importance.

Article 29

The task of CSFA is conservation, scientific elaboration, enhancement with new materials and exploitation of film archival materials for the production of new cinematographic and television works, and researches in compliance with the moral and economic author’s rights (intellectual property holder’s right).

Article 30

CSFA is member of the International Film Archive Organization (IFAO) and respects the rights and obligations rising from this membership. By approval of the Ministry of Culture, Youth and Sports, it shall exchange archival materials with a view to expand and enrich its inventory with state and private counterparts within the country or abroad, under reciprocal conditions.

Article 31

The distribution of the revenue benefited by activities in relation with third parties shall be regulated by sub legal acts.

Article 32

CSFA shall develop relations with native or foreign producers and cinematographers, as well as with television stations, in pursuance to the statute approved by the Minister of Culture, Youth and Sports.

Article 33

Cinematographers’ Associations

Cinematographers’ Associations are established by their members’ free will and they protect the artistic and economic interests of these members.

Article 34

Relationship with Actors

1. The producers shall develop contracting relations with professional actors and amateurs for film production.
2. The producers who have the benefit of budgetary fund can develop contracting relations with foreign actors.

Article 35

Relationship with Public and Private State Televisions

1. Public and private state televisions shall exhibit for the public at large the film works, which are produced by state endowment, in agreement with producers or distributors, not sooner than a year after the issue of the film (the performance of the film).
2. Public and private state televisions shall develop production, co-production and trade relations with producers who have benefited or not from the budgetary fund.

Article 36

Relationship with Cinematographers

All native or foreign, legal or physical persons who perform activities in public performances halls (cinemas), in the territory of the Republic of Albania, shall exhibit no less than 5 days successively the premieres of the works produced with or without budgetary fund by Albanian producers or in cooperation with other native or foreign legal or physical persons.

Article 37

Applying to this law, the state cinemas, which are privatized or rented out to native or foreign legal or physical persons, shall not change their destination.

Article 38

Applying to this law, all public subjects shall allow the producers to produce film works in the places they ask for, in pursuance to the agreement they shall make.
In case the object is of special importance, the producer shall be given an authorization by the competent organ.

Article 39

With a view to instigate production, co-production and service for film works, the consideration from the fiscal viewpoint will be as per Albanian Radio Television.

Article 40

The Council of Ministers is charged to issue the relevant sub legal acts.

Article 41

All legal or sub legal acts opposing this law shall be abrogated.

Article 42

This law comes into force 15 days after the publication in the Official Notebook.

Declared by the Decree No. 1470, April 18, 1996, of the President of the
Republic of Albania
 
 
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  Albanian Law on Cinematography - Original document
 
 
 
 
 
 
       
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