Draft European Convention on the Protection of the Audiovisual Heritage and its Explanatory Report, and Draft Protocol on the Protection of Television Productions to the European Convention on the Protection of the Audiovisual Heritage and its Explanatory Report


Ministers' Deputies
Notes on the Agenda

CM/Notes/728/7.2 (Restricted) 19 October 2000
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728 Meeting, 31 October 2000
7 Education, culture

7.2 Draft European Convention on the Protection of the Audiovisual Heritage and its Explanatory Report, and Draft Protocol on the Protection of Television Productions to the European Convention on the Protection of the Audiovisual Heritage and its Explanatory Report


Reference document
CM(2000)137

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Action
The Deputies are invited to adopt the texts of the Convention and the Protocol, to open them for signature, to fix the date of opening for signature on 24 January 2001 and to authorise the publication of the respective Explanatory Reports.

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The draft European Convention on the Protection of the Audiovisual Heritage was prepared at the initiative of the Council for Cultural Co-operation (CDCC) on the basis of a draft recommendation prepared by the same committee in 1985 and adopted by the Committee of Ministers as Recommendation R(85)8 on the conservation of the European film heritage.

 

This Convention follows directly on from the work of the CDCC, which has always endeavoured to promote the film industry in Europe.  Another Convention on Cinematographic Co-Production was concluded in 1992 (ETS 147).

 

The present Draft Convention is the result of a realisation of the wealth, but also the fragility, of the audiovisual heritage.   The commemoration of the first centenary of the European cinema highlighted the fact that almost half of all the films produced had disappeared for ever, either because of fragile film materials or for lack of binding legislation aimed at safeguarding this heritage.

 

At their 8th Conference in Budapest on 28 and 29 October 1996, the European Ministers responsible for Cultural Affairs, being convinced of the importance of such legislation, invited the CDCC to finalise the Draft Convention and submit it to the Committee of Ministers for approval by the end of 1997.

 

On the prior submission of the text to the Steering Committee on the Mass Media (CDMM) for opinion, a number of difficulties relating to incorporation of the television sector into the Draft Convention led to the setting-up of a joint CDCC/CDMM working group (GT-PA), which concluded that a protocol would be needed on television production.

 

The Draft Convention was only finalised on completion of the work of the GT-PA, which will apply to cinematographic works.  The application of the Convention to other categories of moving image material will be covered by protocols, in accordance with Article 3 para. 2 of the Convention.  The Draft Protocol on the Protection of Television Productions is the first of these protocols, laying down specific rules for television productions.

 

The Convention is based on the principle of mandatory legal deposit of moving image material, which means not only that a reference copy can be stored but also that the material can be conserved and, if necessary, restored.

 

Owing to the costs involved, legal deposit has no retrospective effect but is complemented with a system of voluntary legal deposit aimed at protecting moving image material produced before the entry into force of the Convention or originating from other countries.

 

As soon as the Convention comes into force it will apply without reservation or exception to all cinematographic works, given the importance of films in our cultural heritage which necessitates their absolute and exhaustive protection.


 

A standing committee of experts appointed by all the Parties will supervise the application of the Convention and its Protocol.  It may formulate further protocols in order to optimise the application of the principles set out in the Convention to the different categories of moving image material.

 

The Deputies are invited to adopt the texts of the Convention and its Protocol (CM(2000)137), to decide to open them for signature and to fix the date for such signature.  This date may fall during the first part-session of the Parliamentary Assembly in 2001, to be held from 22 to 26 January 2001, in particular on 24 January 2001.  This date has already been earmarked for the opening for signature of the Convention on the Legal Protection of services based on, or consisting of, conditional access.

 

They are invited at the same time to authorise the publication of the Explanatory Report, prepared under the responsibility of the Secretariat.

 

 

 

 

 


DRAFT DECISIONS

 

 

728th meeting – 31 October 2000

 

 

Item 7.2

 

Draft European Convention on the Protection of the Audiovisual Heritage and its Explanatory Report, and

Draft Protocol on the Protection of Television Productions to the European Convention on the Protection of the Audiovisual Heritage and its Explanatory Report

(CM(2000)137)

 

 

Decisions

 

The Deputies

 

1.         adopted the European Convention on the Protection of the Audiovisual Heritage and the Protocol on the Protection of Television Productions to the European Convention on the Protection of the Audiovisual Heritage as they appear at Appendices … and … to the present volume of Decisions <CM(2000)137>;

 

2.         decided to open these texts for signature by member States;

 

3.         fixed the date for opening for signature at 24 January 2001;

 

4.         authorised the publication of their respective Explanatory Reports (CM(2000)137).

 

 



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