INTELLECTUAL PROPERTY LAW & COMMERCIALISATION MASTERCLASS

“IP Research, Development & Securing Innovation”

Dates:       25th & 26th November 2015
Venue:      Amabhubesi Conference Centre, Johannesburg, RSA

Patents, Trademarks and Copyrights continue to be the most valued asset that a company can own. Today companies are faced with constant changes, smarter crimes, and greater competition among brand owners of the world. Trademark and copyright practitioners must understand and overcome these challenges.

Amabhubesi invites you to our upcoming Intellectual Property and Commercialization Masterclass to be held this November in Johannesburg. This masterclass will bring out latest thinking on the social and economic value of IP (intellectual property). Discussions will focus on how a comprehensive strategy for IP could underpin Africa’s position as a competitive leader in the global economy. The IP Masterclass is focused on intellectual property as an investment, which raises the total value of the brand and plays an integral part.

The objective of this masterclass is to also address various legal aspects of the most recent developments in both jurisprudence and legislation in the field IP law.

Key topics include:
• Cross-border copyright protection and designs
• Validity and infringement tests
• Most recent case law in the field of trademarks and domain names

The IP Trademark & Copyright Protection masterclass will also address these critical topics in intellectual property law, and give the answers you need to protect your brand. This professional development masterclass is also intended for individuals currently working in or aspiring to work in intellectual property intensive fields whether in the public or private spheres. The designed workshops within the masterclass will include lectures offered by IP experts and will involve practical exercises, group discussions and case studies. Attending this event will make IP work for your organization.

Expert facilitators:
Theo Doubell-Director- Bouwers Inc(RSA), Hans JGM Nieuwkamp-BIJ Buerobotic(Netherlands), Hugh Melamdowitz-Spoor & Fisher (RSA), Gerard Verhoef-Stellenbosch University (RSA)

Who should attend:
Directors, GM’s, Heads & Managers, IP Officer, Patent Examiners, Legal Department, Attorney, Trademark Specialist, Intellectual property commissioner, Professor, Research and Development Managers, Legal Advisor: Risk and Compliance, University Lecturers, Executive Advisor, Executive for Strategy Companies, Research and Research Project Managers (e.g. Engineers& Technologists), Director: Innovation Support, Policy Makers, Deputy Director General but everyone is welcome.

For the full programme, more information, prices and registration forms contact: 
Duncan Ndebele
Project Coordinator
Tele:  +27 11 326 0353    Fax2email: +27 86 613 7734 
Cell:  +27 74 783 0524     Fax: +27 11 326 0354 
Email duncan@amabhubesi.com | www.amabhubesi.com

SASFED on the dti Copyright Amendment Bill of 2015

SASFED notes the invitation for representation on the “dti Copyright Amendment Bill” published per Government Gazette on 27th July 2015 and thanks the dti for the opportunity to comment on the proposed bill. 

SASFED is aware of and supports comments proffered by SOS: The Support Public Broadcasting Coalition. The collaborative comments and review process submission made by an international team of IP lawyers and academics from South Africa and the USA is supported by SASFED with reservations, which pertain particularly to Section 20 where proposed deletions negatively affect creatives like writers and editors, who are not performers and who are not protected by the Performers Protection Act.

SASFED mainly serves the screen industry which includes all aspects of film and television, but also crosses over into other media like theatre and creative writing (prose writing as distinct from performance writing, which is the writing of scripts and screenplays) via the South African Guild of Actors and Writers’ Guild of South Africa respectively. As such, SASFED has requested its member organisations to provide individual written comment, while this document should be seen as a summary of the views expressed by those who are directly affected by any changes to the copyright bill. 

It has to be noted that these comments are mostly proffered by industry members who are not lawyers and who are not versed in legal jargon, but whose views still bear direct relation to their experiences with copyright regulations in their daily work within the creative industries.

SASFED Comments

Definitions

• SAGA requests that the definition of „performer‟ be amended to include “actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore, encompassing such literary or artistic work that is created or first fixed in the course of a performance.” This is endorsed by the PMA and WGSA.

• It is suggested by SAGA that the term „royalty‟ be defined so as to incorporate “further commercial exploitation of the performer’s image, including but not limited to residual payments and repeat broadcast fees”. This is endorsed by the PMA and WGSA.

• SASFED notes that it has been proposed that the term “creator” is eliminated and substituted with either “author” or “rights holder”. SASFED must point out that in the audio-visual field – especially in screenwriting – these terms are not interchangeable. To explain why, the process of creating an audio-visual work like a movie or TV series has to be explained:

The “creator” is the person who originates new material and fixes it in tangible form by writing a synopsis and character sketches for a new concept which may – much later – become an audio-visual work. From there, the creator offers his concept to a producer for development. If the producer likes the concept, it is developed into a story which is then pitched to a broadcaster. This development may be done by the creator, but is often the work of a group of people who are usually paid for their input into the creator’s concept. The creator, however, is not reimbursed for the initial concept or his IP, and by rights still holds the copyright to the concept until it is bought from him. 

However, the producer, who has paid others for further development, is now classified the “rights holder” or “author” of the work in order to pitch it with a clear chain of title to a broadcaster. If a broadcaster commissions the work for production, scriptwriters are employed by the producer to author the work; to write the scripts on which the eventual audio-visual work will be based. While this is work for hire and does not constitute new copyright for the writers, the writers remain the IP holders of their work and should later be paid their contractually stipulated pro rata share of repeat fees and exploitation.

When the producer signs the commissioning contract with the broadcaster, full copyright is taken by the commissioner/funder under the present dispensation, with the broadcaster then becoming the “rights holder” while the producer remains the “author” of the audio-visual work. This creates huge confusion in the payment of royalties and repeat fees, which are paid out to the author of the audio-visual work rather than the author of the screenplay. In this instance, SASFED proposes that the definition of “author” is expanded to include “author of an audio-visual work” – i.e., the producer, and “author of a literary work or screenplay” – i.e., the screenwriter.

At this stage of the development process, it has been forgotten that the original creator is still the copyright and IP holder of the original and duly put to paper concept, on which the full audio-visual work is based. By rights, the creator should be able to call for an interdict on the broadcast of the audio-visual work until his rights have been legally remunerated and transferred along the chain of title. 

While the remuneration and recognition of the creator may be a given and contractually stipulated in first world countries, in South Africa there is not enough competition to give the creator any kind of bargaining power, be it contractually or financially. As such, especially young and previously disadvantaged creators are completely overwhelmed by the system and taken advantage of, with their IP and copyright usurped without any remuneration. Even experienced creators are not considered for residuals and royalties by the broadcasters, who do not even have a line item in their budgets for them. 

To SASFED, and WGSA in particular, this is a hugely problematic issue, and SASFED requests that the initial IP and copyright of the creator is recognised by law to protect the creative individuals without whom there would be no audio-visual entertainment.

Section 2: Works and Stakeholders eligible for Copyright

• Phrasing in “Works eligible for copyright”:

(a) “literary works” should include “scripts or performance writing done for the audio-visual sector”

• Editors and Sound Designers make a valuable creative contribution to productions of all genre, including fiction and non-fiction; from a film for cinema to an episodic drama series; from animation to video games. The success of these types of productions depends on the creative talent and contribution the Editor and Sound Designer brings to the collaborative process. SAGE advocates for the recognition of the Editors and Sound Designers’ contributions to the filmmaking process as necessary rights holders.

Section 5: Copyright on Funded Work

• The provisions of Section 5 (2) imply that the State would be entitled to claim ownership of work produced with the aid of, among other agencies, the Lotteries Distribution Trust Fund, the National Film and Video Foundation, the Department of Art and Culture and the dti itself. “Copyright [shall be conferred by this section] on every work which is eligible for copyright and which is made by or funded by or under the direction or control of the state or such international organizations [as may be prescribed] shall be owned by the state or such international organization”. This provision is vague enough to create reasonable doubt as to what methods of funding might trigger an ownership grab. SAGA is particularly concerned at what could happen should a work be funded through a private agency that is underwritten in some way by the government, but where this is not revealed upfront. This is endorsed by the PMA.

• Section 5.2, which applies to work funded by the State, is also of concern to the IPO in that the State has been very helpful in making funding available to the film and television industry through the National Film and Video Foundation and through the dti rebate. The National Broadcaster, SABC,  commissions the most work from the production sector. A clause such as this automatically bars the producer, commissioned by the SABC, to negotiate ownership of their product. This clause cannot be overlooked, if section 21 C is to be amended, and IPO seeks clarity on this.

• It is suggested by the DFA that overall copyright in funded productions is split between the funders/commissioners on one side and the producer and creatives on the other. As such, the commissioner would own the physical production, while the producer and creatives would hold the concept/format rights.

• SASFED is extremely concerned that it is proposed that copyright in State or internationally funded productions will automatically rest with the funder or international organisation. It is proposed that, unless stipulated differently by contract, copyright rests with the author/producer of the work and the funders are granted a licence to exclusively exploit the production for a set period of time, after which the exploitation licence becomes non-exclusive, allowing the author/producer to also exploit the material.

 Section 9A: Royalties

• The provisions of the current Bill place performers at risk of being stripped of the right to royalties altogether as they do not provide a mechanism for the calculation of such royalty, deferring instead to „contractual freedom‟. SAGA is of the opinion that the Bill should be explicit in this regard, also stating that “the right to receive a royalty payment is not transferable or subject to waiver”. This is endorsed by the PMA.

• Royalties for Editors and Sound Designers, who are presently excluded from any kind of exploitation residuals, should be based on international best practice: For example, Austria uses a flat percentage rate according to occupational groups to distribute funds collected on behalf of filmmakers. The percentage rate for Editors is 14%. Finland uses a sliding scale determined by the “amount of creative input” for individual rights holders for the various types of production. The percentage rate for Editors ranges between 2% (Talk shows and magazine programmes) and 10% (documentaries). The Sound Designer is also recognised across several types of production at 2%.

• SASFED would like to draw attention of authorities to the fact that some local broadcasters are resisting payment of repeat fees – as distinct from royalties - to creatives. While this is something which is regulated by contract and probably cannot be entrenched in the copyright act, organized industry is finding it very difficult to enforce this right, which basically constitutes a “nest egg” or “retirement fund” for their grossly underpaid members. SASFED would appreciate any help and guidance which dti can offer in this regard.

Section 9B: Collection Societies

• SAGA is particularly concerned that Section 9C(3)(c) mandates the collecting society to “distribute such royalties among owners of the rights after making deductions for its own expenses” as there is no limitation on the expenses which may be deducted. It is proposed that a qualifying provision to limit such “reasonable deductions” together with a definition as to what can be considered reasonable, possibly a percentage of the fees collected, to be agreed on and revised from time-to-time. Such a provision would ideally be located in Section 9C (3) (d) “Control of Collecting Society by owners of rights.” This is endorsed by the PMA and WGSA.

Section 13B: Reproduction for Educational Activities

• The DFA is concerned that works can be copied for fair use in education as long as permission is obtained and it is done for non-profit educational purposes. While the sentiment is appreciated, it has to be considered that producers of especially documentary works depend to a great extent on commercial exploitation of their work to be financially sustainable in a very volatile industry. It has to be considered that, if the fair use principle in education is applied to documentary productions, the commercial exploitation of the work and potential income from the work is significantly reduced.

Section 20: Protection of Performers’ Rights

• SAGA is extremely concerned that Section 24 of the Bill (20B “Transfer of rights”) includes a mandatory transfer provision of all exclusive rights to the “producer of such audio-visual fixation, subject to a prescribed written contractual agreement which shall give the performer the right to receive royalties for any use of the performance”. This appears to be an un-rebuttable presumption that attempts to remove a right granted under Section 5 of the PPA, and would in any case be rendered null and void in terms of lex specialis. In SAGA’s view, this provision should more correctly be rendered, "… which shall give the performer the right to receive royalties for any use of the performance, subject to a written agreement to the contrary". This is endorsed by the PMA.

Section 21: Assignment of copyright in commissioned work

• All of SASFED’s member organisations commented with concern and disappointment on the lack of review of Section 21C, which is critical to the South African creative and production industry. 

• According to SAGA, the creative sector thrives on innovation and the emergence of entrepreneurs, but the monopolies of broadcasters are being entrenched by the automatic transfer of ownership of intellectual property (IP) by the provisions of 21 (1) (c) “Where a person commissions the … making of a cinematograph film or the making of a sound recording and pays or agrees to pay for it in money or money’s worth, and the work is made in pursuance of that commission, such person shall, subject to the provisions of paragraph (b), be the owner of any copyright subsisting therein by virtue of section 3 or 4”. Failure to address this provision ignores the reality of the creative industries and the challenges faced by independent audio-visual producers in a monopolistic broadcast environment. With the current proliferation of alternative platforms for the exploitation of creative works, monopolistic practices threaten the rights and livelihoods of our members.

• With regard to ownership of copyright in funded productions, SASFED endorses the proposal that funding of a production should NOT give a broadcaster automatic copyright in the production, but rather a licence to broadcast the material.

• IPO states that they are disappointed to see that section 21(c) with regards to work made under commission has remained unchanged. The business of television production relies on the trade of television programmes as assets and commodities in the global media market, so this section particularly affects producers working in the television industry and has allowed broadcaster to hold onto every element of the work, often to the exclusion of producers, in perpetuity. IPO would like to suggest an alternative wording for 21(c), which, while it will not address the entire problem, it will allow producers the right to negotiate the retaining of rights which the broadcasters do not need. This wording is used in both the UK and US copyright acts, among others: “In commissioned work, which is work made independently by an independent contractor, the copyright belongs with the author and not the person who commissions the work.  To change this, a contract has to explicitly state that the client or commissioner will own the work under specific conditions.”

South African broadcasters have retained all copyright for commissioned content, yet they have not amassed any value from retaining these rights. They have instead allowed the content and well of ideas, to gather dust in their archive vaults. If true industrialisation, economic growth and transformation is to be achieved in the audio-visual sector, the copyright laws have to change. The knock on effect is continued growth, continued employment and, it is hoped, industrialisation of the sector. 

• WGSA endorses SAGA’s and IPO’s standpoints and adds that it is imperative that the new bill will describe the rights of writers and creators within all cinematograph films. It should clarify that royalties / repeat fees are payable to writers / and or writing teams including creators and that no contracts may be signed on behalf of writers contradicting their rights.

Section 21: Orphan Works

• Section 1(g) of the Bill defines orphan works as “works in which copyright still subsists but the right (sic) holder, both the creator of the work or the successor in title cannot be located.” Sect 21(3) provides that “Ownership of any copyright whose owner cannot be located, is unknown, or is deceased shall vest in the state: Provided that if the owner of such copyright is located at any time, ownership of such copyright shall be conferred back to such owner.”  However, the transfer of such ownership is contradicted by Section 3 (c) “in the case of copyright that vests in the state due to the fact that the owner cannot be located, is unknown or is dead, the term of such copyright shall be perpetual.” SAGA infers from these provisions that the State will take over, administer, own and receive license fees in perpetuity for work from deceased authors despite bequests, wills or legal processes of inheritance. This clearly runs counter to the aims of Public Domain assignments and crushes Creative Commons agreements and needs to be revised. 

• With regard to Section 21 of the Bill which proposes adding a subsection that vests the ownership “of any copyright whose owner cannot be located, is unknown, or is deceased … in the state”. WGSA questions whether this should not specify a deceased person without a successor, as the successor would normally inherit the copyright? The provision as it stands seems to imply that if anyone dies their copyright automatically moves to the state. 

Section 22: Assignment and licences in respect of copyright

• The IPO believes that Section 22.3 is potentially very helpful for the arts community in that a contract lapses after 25 years, which allows the artist to renegotiate the terms. This, however, does not apply to cinematographic or audio-visual works, where commissioning contracts presently transfer rights in perpetuity (and in all media). SASFED agrees that all permeations of copyright in audio-visual works need to be looked at and revised, as they presently favour broadcasters and restrict exploitation by the producers, which, in fact, is detrimental to the growth of the local audio-visual industry. 

• With regard to Section 22 (b) (3) of the Bill, which proposes that an assignment of copyright should be possible for a period of a maximum of 25 years, WGSA queries why is it felt to be necessary to limit the term? 

• WGSA notes that Section 22A(4) states that in the case of orphan works someone granted a licence in relation to the work must pay the state a royalty. Subsection (10) makes it clear that this payment is intended to be held in trust for the rights owner in case they should later be located. Would it not be sensible to indicate clearly in subsection (4) itself that this is the case. Also, there is no indication of what happens to the royalty payment if the rights owner does not ever appear. 

Conclusion

SASFED and its member organisations wish to thank the dti for the opportunity to make their detailed written submissions on the Draft Copyright Amendment Bill of 2015. We hope that they will be of value to the dti and will assist the dti to structure a sound and well-informed Copyright Bill which will assist all sectors of the creative and entertainment industry to grow in the knowledge that their IP and copyright is protected by law and available for contractual exploitation. 

Introduction to SASFED

The South African Screen Federation (SASFED) is the national federation of independent film, television and audio-visual content industry organisations in South Africa. Founded in 2006 in response to Government’s call for the independent production sector to speak with a united voice, SASFED represents a broad spectrum of industry players, via a combination of industry organisations, guilds and associations who represent either individual members (which currently total close to a thousand people), or member companies (of which there are several hundred), which employ between a few hundred to several thousands of people. As such, SASFED acts in the common interest of many thousands of practitioners across the value chain of the independent production sector. SASFED is guided by a constitution, which states that individuals may not join SASFED directly, but only via bona fide industry bodies.

SASFED has signed a Terms of Engagement with the National Film and Video Foundation (NFVF), an entity of the Department of Arts and Culture, and more recently with the Ministry and Department of Communications (DOC) and the SABC itself, which binds parties to quarterly stakeholder meetings respectively to engage on industry strategy, policy and interventions.

SASFED also has active representation on the premier South African Film and Television Awards (SAFTAS) Board, where it holds two permanent seats, and two alternate seats.

SASFED is a Working Group and Coordination Committee member of SOS: The Support Public Broadcasting Coalition, an advocacy group which drives industry oversight and dialogue on critical policy, legislation, regulatory and management matters pertaining to the local broadcast sector and, in particular, the public broadcaster - the South African Broadcasting Corporation (SABC).

Finally, SASFED also has a seat alongside the broadcasters, SOS, and MMA on the ICASA Digital Content Advisory Board (DTCAG), where the SASFED representative has made several presentations and attends DTCAG bimonthly meetings. 

The current membership of seven independent film and television industry organisations, associations and guilds is in ultimate control of SASFED via their allocated members, who collectively make up the SASFED Council. The Chair Person, Treasurer, Deputy Chair and Communications Officer are elected annually from the Council in terms of the SASFED Constitution, and make up the Secretariat which is responsible for the day-to-day running of SASFED and for the dissemination of information to all its member organisations. The Council meets quarterly to discuss industry issues, or meetings can be called to deal with crisis situations.

SASFED is opposed to all forms of discrimination and oppression and stands for a united, non-racial, non-sexist and democratic South Africa. In particular, the federation believes that, for the film and television industry to thoroughly fulfil its economic, social and cultural potential in society, it has to overcome the racial inequalities created under apartheid. To this end, SASFED encourages all members to adopt policies and implement programmes ensuring deliberate access by historically disadvantaged South Africans at all levels of their organisations and industry sectors.

Full SASFED member organisations currently include: The Documentary Filmmakers’ Association (DFA), The Independent Producers’ Organisation (IPO), The Personal Managers’ Association (PMA), The Southern African Communications Industries’ Association (SACIA), South African Guild of Actors (SAGA), South African Guild of Editors (SAGE) and Writers’ Guild of South Africa (WGSA).

FILM LAB AT SCHNIT

8 - 10 OCTOBER 2015

This year sees yet another exciting addition to the shnit International Shortfilmfestvial weekend: the inaugural ELEMENTS SHORT FILM LAB.

An initiative running concurrently to the shnit Expanded Talent Focus programme for Playground Cape Town in 2015. 

Over the festival weekend filmmakers will participate in a series of workshops, discussions, conversations and engagements that will further their paths in creating world-class short films. Panelists include among today’s most exciting storytellers and producers in South Africa, and this all access workshop weekend promised to enlighten and inspire filmmakers from all levels of industry.

The first Elements Film Lab will be hosted at the historic Cape Town Club on Queen Victoria Street, a short walk from the festival hub at the Labia Theatre - the oldest independent theatre house in Cape Town.  

Tickets are available on a limited basis, and include a full weekend pass to shnit International Shortfilm festival, lunch every day, and networking functions.  Events are scheduled to compliment the festival schedule – expanding skill sets in the day time, celebrating the art of the short at night. 

LAB HIGHLIGHTS:

In Conversation with Fly on the Wall

South African actor Anthony Oeseyemi sits down with Bryan Little and Filipa Domingues to talk about the duo’s film and art making collective, Fly on the Wall. Bryan, a producer, and Filipa, a director, discuss everything from the creative process and finding inspiration to what progress means in an ever-evolving industry and what filmmaking might look like in the future.

Panel Discussion: That Big Bang

There’s an old cliché that reads, ‘You can make a bad film from a good script but never a good film from a bad script’. Three of the most exciting filmmakers working in SA, Jenna Bass, Sibs Shongwe-la Mer and Jahmil XT Qubeka discuss the inception of stories and the importance of scripts. The discussion will break down the writing process; explain what makes a good story and how to craft great film experiences, as well as mastering visual storytelling and highlighting the unique opportunity short films offer for story telling.

Panel Discussion: The Science of Shorts

Our panel of experts Bridget Pickering, Thandeka Zwana and Steven Markovitz focuson the elements needed to bring a great short together and take it to the world. This panel will discuss the challenges and advantages of short film making; including financing short films, finding great stories, making festival connections and marketing short films.

Producer’s Workshop

Producer Elias Robeiro shares his experiences on making short films and the importance of showing them to the world. Using real-world examples, Elias delves into the benefits of making short films, how to budget properly, some tips on how to get them seen and how to develop a festival strategy for maximum exposure.

Writers Workshop

Anthony Silverston, Head of Development at SA’s leading animation studio, Triggerfish, shares the nuances of crafting good characters and how to place them in real-world stories in this must-attend workshop called How To Write a Hero. Having spent years creating internationally acclaimed animations such as Zambezi, Anthony guides aspiring screenwriting with practical advice on what elements are required for great storytelling and how they fit together.

Networking Events

Elements Film Lab offers filmmakers the opportunity to network over the course of the weekend with a welcome drinks and lunches. Come meet industry experts and other filmmakers in a relaxed and creative environment. And with a full weekend pass to the Shnit International Short Film Festival there are plenty of films to watch too.

Round Table Conversations

The best way to meet industry members and form partnerships is to meet people face to face. The Round Table Conversations provide a platform to do that by connecting writers, directors, producers and performers. It’s a casual way to meet like-minded individuals, chat to experienced filmmakers, and open up opportunities.

Drone Workshop

The impact that drones have had on film and cinematography is tremendous and with drone technology now more affordable than ever it’s a tool that can give amateur and low-budget filmmakers an extra dimension. In this workshop, Juanne Whyte from Orms Digital, talks about how to make drone footage work for your film, gives an update on drone-flying regulations and introduces us to the various drone options available to take your filmmaking to ‘new heights’.

Virtual Reality Workshop

How do filmmaking and virtual reality combine? It’s a question for the not-too-distant future. Tyrone Rubin from Sense Virtual talks about the latest developments in the world of virtual reality and how interactive technologies will shape filmmaking and the entertainment industry of the future. There will also be a must-see demo on the latest in the virtual reality field.

REGISTER NOW FOR ELEMENTS 01: HYDROGEN 

Tickets available through Webtickets . Prices, tickets and full line up available at www.elementsfilmlab.org.  

The lab takes place 8-10 October. Concession tickets are available on a limited basis. Information available online.

Tickets are R550  and include:

Access to the opening Lab Talk and welcome drinks, a 2 day Lab pass - including lunch, an invitation to Opening Night and a shnit Film Festival Weekend Pass.

As part of the Inaugural Elements Lab a limited number of SPONSORED TICKETS are available. To apply for a sponsored ticket please e-mail your CV and a 1 page letter of motivation to: SPONSOREDTICKET@ELEMENTSFILMLAB.ORG

Successful candidates will be notified by the 2nd of October 2015

BECOME A VOLUNTEER!

Join the Elements Lab team by emailing volunteer@elementsfilmlab.org your CV and telling us why you would make an excellent volunteer.

For information about the Lab, contact online@elementsfilmlab.org

More on shnit International Shortfilmfestival at www.shnit.org

Information supplied by WGSA member: SEAN DRUMMOND

Applications for the Bertha BRITDOC Connect Fund now open

The Bertha BRITDOC Connect Fund is the first European based outreach and engagement fund and is open to filmmakers from around the world.

This European based Connect fund offers £5,000-50,000 (about $7700-$77,130) to documentary filmmakers from around the world for the outreach and engagement component of their films.

The fund is looking to support smart, strategic outreach campaigns for ambitious independent documentary feature films with a social issue at their core; films which have the ability to achieve real change on a local, regional or global level.

Films have inspired people to engage and to act. They have led to changes in law, policy and practice. They have affected the way people give and/or invest money. They have led viewers to question the status quo and to care more about their communities and the world around them. But for a film to achieve all this, it needs a structured outreach and audience engagement plan, and the capacity to implement it.

Social impact can be achieved in a myriad of ways and we are looking for outreach plans that engage audiences, have identifiable goals and partners to help achieve them.

Applications can come at the planning, trial, delivery or evaluation stage of a campaign. Films can apply more than once, for different parts or phases of a campaign.

For more information go to: https://britdoc.org/bertha-connect/

Article courtesy of Media Source Africa.

Congratulations!

SASFED would like to extend our congratulations to Quizzical Pictures and Lucky Bean Media on your International Emmy Award Nomination in the reality category for MasterChef SA. And congratulations to Rehad Desai for the International Emmy Award Nomination in the documentary category for Miners Shot Down. 

It is well deserved and we look forward to you all bringing the awards home!

PwC launches 'Entertainment and media outlook: 2015 - 2019

http://www.bizcommunity.com/Article/196/19/134781.html


PwC launched its 'Entertainment and media outlook: 2015 - 2019 (South Africa - Nigeria - Kenya)' report, which presents annual historical data for 2010-2014 and provides annual forecasts for 2015-2019 in 11 entertainment and media segments for South Africa, Nigeria and Kenya.


The report identifies key findings and trends shaping the entertainment and media industries, including:

• South Africa's entertainment and media industry is expected to grow from R112.7bn in 2014 to R176.3bn in 2019
• South Africa's total entertainment and media advertising revenue is expected to rise by 5.6% from R39.7bn in 2014 to R52.1bn in 2019
• Digital spend is expected to fuel the overall growth

Vicki Myburgh, entertainment and media leader for PwC Southern Africa, says, 

"This year's outlook shows consumer demand for entertainment and media experiences will continue to grow, while migrating towards video and mobile. Increasingly, though, it is clear that consumers see no significant divide between digital and traditional media - what they want is more flexibility, freedom and convenience in when, where and how they interact with their preferred content."

After more than a decade of digital disruption, the African entertainment and media industry has entered a new landscape - one where the media is no longer divided into distinct traditional and digital spheres.

South Africa's Internet access market will rise rapidly from R32.5bn in 2014 to R76.2bn in 2019, far ahead of any other consumer spend category, making it the largest contributor to South Africa's total entertainment and media revenues.

"Consumers are choosing offerings that combine an outstanding and personalised user experience with an intuitive interface and easy access. This includes shared physical experiences like cinema and live concerts, which appear re-energised by digital and social media."

Historical, projected figures

The entertainment and media segments for South Africa, Nigeria and Kenya are the Internet, television, filmed entertainment, video games, business-to-business publishing, recorded music, newspaper publishing, magazine publishing, book publishing, out-of-home advertising and radio.

Aside from the Internet, the Outlook predicts that the fastest growth will be seen in video games, business-to-business and filmed entertainment. "But it is Internet access itself that is acting as a driver of revenues in video games and film, creating new revenue streams by making over-the-top (OTT)/streaming or social/casual gaming viable to more consumers and thereby cancelling out physical falls," adds Myburgh.

Internet access share, and total digital share, of E&M spending, 2010-2019 (%)

Music, magazines, newspapers - moderate growth

Music, magazines and newspapers, which will show only moderate consumer growth, are three segments that face strong competition from the Internet. The music market was worth R2.01bn in 2014, compared to R2.08bn in 2013. Annual revenue is forecast to grow marginally by a CAGR of 1.3% over the next five years to remain relatively flat at R2.1bn in 2019.

TV significant contributor

Television remains a highly significant contributor to consumer spending, with combined revenues from TV subscriptions, advertising and licence fees projected to reach R40.9bn by 2019. The report also shows that one consistent trend - and not just in South Africa, but globally - is the rise in overall consumer spending through to 2019 on video-based content and services, against far flatter prospects for spending on primarily text-based content and services. If consumer revenue from TV subscriptions and licence fees is aggregated with that from video games, around R4.5bn will be added between 2014 and 2019. 

In contrast, consumer revenue from books, magazines and newspapers is expected to rise by just R1.3bn over the entire forecast period.

Live events soar

Alongside video providers, a further thriving source of revenue over the coming five years will be live events. Revenue from live music is expected to grow at a CAGR of 7.9% in the next five years, reaching R1.5bn in 2019, up from R1bn in 2014. Box office revenues are also steadily increasing at a CAGR of 3% to reach R972m by the end of the forecast period.

The appeal of live entertainment has also had a positive effect on the related advertising revenues. South African cinema advertising revenue is also rising at a CAGR of 6.7% and will be worth an estimated R884m in 2019. "It is clear that consumers value - and are willing to pay a premium for - real-life physical entertainment experiences, and these in turn are the types of consumers that advertisers wish to target," adds Myburgh.

TV advertising is by far the largest contributor to total advertising revenues, followed by newspaper advertising: however, their combined 52% share of total advertising in 2014 will fall slightly to 51% in 2019.

Despite the strong projections for advertising, its share of the entertainment and media mix is predicted to decrease by 2019 as consumer spending takes an ever-larger part of the pie; from 35% in 2014, advertising will account for just 30% of spending in 2019.

"Affordable Internet access will continue to digitally disrupt the market in novel and innovative ways. The ongoing spread of services to mobile networks, novel devices and emerging markets will change how media and entertainment are served, consumed and monetised in multiple ways. Affordable Internet access will also inhibit the revenue growth of various sectors as consumers use it to access free, ad-funded and lower-priced subscription-based versions of new and existing media services," says Myburgh.

Nigeria

Nigeria's entertainment and media market grew by 19.3% in 2014 to reach US $4bn. By 2019, the market will be more than twice as big, with an estimated total revenue of US $8.1bn. As in South Africa, the Internet will be the key driver of growth for Nigeria. Television, comprising revenue from TV advertising and subscriptions, is the other main driver.

Excluding Internet access, television, filmed entertainment and video games are the areas where Nigerian consumers are expected to spend the most over the next five years. 

Consumer spend on video games and music is set to see the sharpest rise in forecast CAGRs at 14.3% and 11.4%, respectively. Piracy continues to remain a problem in Nigeria, limiting growth across several entertainment and media sectors.

Kenya

Kenya's total entertainment and media industry was valued at US $1.8bn in 2014, up 13.3% from 2013, when it stood at US $1.6bn. The market is expected to surpass the US $3bn mark in 2019 to reach US $3.3bn.

Again, the Internet is expected to be the largest driver of growth, followed by television and radio. TV advertising will overtake radio in 2016, and Internet advertising will see the fastest growth rate at a CAGR of 16.8%. Traditional mediums such as TV, radio and newspapers will continue to be the first choice for most Kenyan advertisers in the near future.

Concludes Myburgh, "Today's media companies need to do three things to succeed: innovate around the product and user experience; develop seamless consumer relationships across distribution channels; and put mobile (and increasingly video) at the centre of the consumer's experience."

For the full report – go to: 
http://www.pwc.co.za/en/assets/pdf/entertainment-and-media-outlook-2015-2019.pdf

Charley Lewis
Senior Lecturer, LINK Centre
http://www.wits.ac.za/linkcentre

13th Berlinale Co-Production Market Call for Project Submissions

We are pleased to open the Call for Project Submissions for the 13th Berlinale Co-Production Market (February 14-16, 2016), which will take place as part of the 66th Berlin International Film Festival (February 11-21).

Once again, we are curious to receive your submissions, and are looking forward to reading

great, fresh, promising projects, which are ready to be presented at an international co-production market!

Experienced producers from around the world are invited to submit their new feature-length fiction projects with a budget range from 1 to 20 million Euros (for projects from Greece, Portugal and Spain the budget requirements are waived), with at least 30% of financing (or the local production funding) already in place, for which they are seeking international co-production and financing partners.

Please find our specific project requirements along with more detailed information and our SUBMISSION FORM online here.

We would also very much appreciate if you can spread the word to other interested producers.

The deadline for project submissions is October 21, 2015.

This year’s selection will be made by December 22, 2015 and will be published in January.

The Berlinale Co-Production Market is a three-day service and networking platform designed for producers, financiers, sales agents, distributors, broadcasters and funding representatives who are working in international co-productions.

For the selected projects, we organise pre-scheduled one-on-one meetings with interested co-production partners and financiers.
Participants who attend without their own projects, can request meetings with the selected projects and the selected companies in the Company Matching Programme. The framework programme offers film financing news in Case Studies, first-hand information on co-production opportunities at the “Countries-in-Focus Sessions“, as well as learning and experience exchange in “Theme Talks”. Informal “Speed Matchings“, cocktail receptions and the “Producers’ Lounge” provide additional opportunities for networking. In addition, targeted pitching and networking events cater for producers’ special interests: At Books at Berlinale, around ten selected international books with film potential are presented to interested producers, and at CoPro Series, ca. six hand-picked international drama series projects are pitched in front of potential co-producers and financiers.

In 2015, 36 projects from all over the world as well as 5 well-established companies in the Company Matching Programme were presented at the Berlinale Co-Production Market. 500 international industry professionals attended the event and met in more than 1000 pre-arranged individual meetings. Overall, more than 200 films have so far found partners at the Berlinale Co-Production Market, have gone into production and screened at festivals and in cinemas internationally, which equals almost 50% of all previous projects.

We’re now looking forward to receiving promising new projects that we can match with partners at the Berlinale Co-Production Market 2016.

If you have any questions regarding the project submission, or if you want to participate in the Berlinale Co-Production Market without a project (as a potentially interested co-producer for our by then selected projects), please do not hesitate to contact the team of the Berlinale Co-Production Market: Tel: +49-30-25920-517, coproductionmarket@berlinale.de

Good Pitch² Kenya 2016 - Call Open until November 2nd

 A unique professional mentorship programme. Helping documentary filmmakers develop impact and distribution strategies, as well as find new funders and connect with new allies from across civil society.

In July we announced the exciting news that Good Pitch² will be coming to Nairobi in 2016, presented by DOCUBOX Kenya in collaboration with BRITDOC.

For those of you who aren’t familiar with our work, Good Pitch is a unique professional mentorship programme devised by BRITDOC to help documentary filmmakers develop impact and distribution strategies, as well as to find new funders and connect with new allies.

For more information on the international programme and its Kenyan addition see https://goodpitch.org/events/gpke2016

The call for entries to Good Pitch² Kenya is open until November 2nd and we are on a recruiting drive!

Are you working on a project that might be eligible? 

Do you know a fellow filmmaker who should be encouraged to apply?

What are we looking for?

Great documentary projects from filmmakers that fulfill these criteria:

• Films that tackle a significant national, regional or global issue or have something important to show us about the world and ourselves
• Film teams who are looking for partnerships and funding to help their film create change around leading social justice and environmental issues
• Films that are currently in production and will be 60+ minutes in length when finished
• Filmmakers who live and work in Africa

Follow us on TWITTER: ‪#‎GoodPitch‬²Kenya

Your Right2Know

The Right2Know Campaign's latest tabloid newspaper, "Your Right2Know,"  features a call to arrest the murderers of Marikana, stories of struggles in Blikkiesdorp, the Vaal and Blue Downs, the fight for internet freedom, an updates on the right to protest - a focus on private sector corruption – and more.



You can collect copies form their offices in Durban, Cape Town or Jo’burg, or download the PDF here.

Entries open for the AfricaMagic Viewers Choice Awards 2016

Original artical available on "TV with Thinus"

South Africans can enter the 4th edition of the AfricaMagic Viewers Choice Awards 2016 for any work in film and television in the various categories of the awards show, that was broadcast or publicly exhibited between 1 October 2014 and 30 September 2015.

"We are pleased to announce the call to entry for the 2016 edition of the AfricaMagic Viewers' Choice Awards," says M-Net in a statement.

"At AfricaMagic and MultiChoice we have continued to show our support to the film and television industry across Africa even as we continue to provide world class entertainment for Africa by Africans."

"The African film and television industry continues to show tremendous growth in the kind of content we see and the quality of existing and upcoming talent," says M-Net.

MultiChoice says: "We are very excited to once again bring the AMVCAs to our viewers across the continent and indeed the world. The 2016 edition will make it four years of celebrating Africa's finest talent in the film and television industry and we at MultiChoice are glad to be a part of that celebration."

People can enter by logging on to www.africamagic.tv and must click on the AMVCA2016 banner that will take you to a submission page. Prepare a 2 to 3 minute long showreel for the online submission.

Fill in the submission form and upload the clip. A unique reference number will be allocated to each completed online submission. Quoting your unique reference number, send a USB of the submitted project to one of the following:

SOUTH AFRICA
Attention: Head of Production
Magic Centre
137 Bram Fischer Drive
Randburg
2194

About Thinus Ferreira:
Thinus Ferreira is an independent TV critic, writer and journalist in South Africa as well as a pop culture and media expert. He writes breaking news about TV for daily and weekly leading publications in the country and authors trend and analysis pieces about the TV business.In addition he writes regular weekly and monthly TV columns. He has and continues to write extensively about TV - chronicling what's on it and happening behind the scenes.

Unite Against Corruption! Enough is Enough!

The Unite Against Corruption campaign is growing in momentum with numerous faith-based institutions, civil society organisations like Right2Know and the Treatment Action Campaign (TAC), private sector companies and individuals like Francois Pienaar and Jay Naidoo expressing their support for the Campaign. 

A day of action is being planned for Wednesday 30 September 2015, with two mass marches being scheduled for Pretoria and Cape Town, and a series of other activities will take place around the country as South African citizens proclaim “Enough is Enough” with regard to the high levels of corruption, and the devastating impact this has on our society.

More than 700 arts practitioners and other stakeholders in the creative sector have publicly endorsed the day of action against corruption; these include writers Zakes Mda, Mark Gevisser, Margie Orford and Paul Grootboom, actors Sandra Prinsloo, Sharleen Surtie-Richards, Mncedisis Shabangu, Gcina Mhlope and Marius Weyers and musicians Marah Louw, David Kramer, Concord Nkabinde and Karen Zoid.

The organisers have set a goal of 1000 organisations and institutions to endorse the Campaign. There are three subcommittees helping to organize the arts and creative sectors as part of the campaign in Johannesburg, Durban and Cape Town. Collectively, we would like to have at least 100 arts, culture and heritage organisations endorse the campaign nationally, accounting for 10% of the total number of endorsing organisations.

Thus far, we have concentrated on recruiting arts individuals with strong brands within and outside the sector. Organisations that have already endorsed the Campaign include the South African Guild of Actors (SAGA), the Performing Arts Network of South Africa (PANSA), African Arts Institute (AFAI), ASSITEJ, Arts and Culture Trust (ACT), the Visual Arts Network of South Africa (VANSA), the South African Screen Federation (SASFED) and the Writers' Guild of South Africa (WGSA).

Should you need to have further information about the Campaign, see www.uniteagainstcorruption.co.za

ABOUT:

What is the Unite Against Corruption Campaign?

It is estimated that corruption has cost South Africa in excess of R700 billion in the last 20 years, and that about R30 billion is lost annually in state procurement expenditure through over-payment and corruption. The Unite Against Corruption campaign comprises organisations and individuals from across South Africa, who are coming together – irrespective of religious beliefs, colour, language, political affiliation, etc - to take a stand against corruption, not only in the public sphere, but also in the private sector, civil society, religious and other sectors too. The initial objective is to mobilize thousands of citizens to march against corruption in Pretoria and in Cape Town on Wednesday 30 September 2015.

Which organisations and personalities are involved in the Campaign?

Organisations that support Unite Against Corruption include Corruption Watch, Right2Know, the Desmond and Leah Tutu Legacy Foundation, Equal Education and Opposition to Urban Tolling Alliance (OUTA), while Francois Pienaar and Jay Naidoo are among the high profile personalities that have expressed their support for the Campaign.

To which political parties is the Campaign aligned?

While there are trade unions and other politically-oriented groupings and individuals involved in the Campaign, the Campaign itself is strictly non-partisan and non-sectarian in nature, inviting everyone to be part of it, without aligning to any particular political party, faction or entity.

What does the Campaign hope to achieve?

Through the mass marches, the Campaign hopes to unite South Africans against the cancer of corruption, send a message to those in power that we have had enough of corruption and to empower ordinary citizens to take action in order to hold accountable those in decision-making positions.

What happens after the marches?

A set of demands is being drafted that includes party political funding to be made transparent, that those accused of corruption face the law and are not relieved of their positions with golden handshakes, that corruption whistle-blowers are protected, that the office of the Public Protector be respected, and that lifestyle audits of those seeking public office be undertaken. This set of demands will be handed to the authorities at the end of the marches, after which the Campaign will continue to undertake activities in pursuit of these and related anti-corruption objectives.

Why should artists and cultural organisations be involved in this Campaign?

Just as artist are affected and lose money like anyone else when load-shedding occurs, artists are citizens and are as affected by corruption as other citizens. More specifically, government departments and public funding agencies responsible for arts and culture lose millions to corruption; artists lose out on payments when unscrupulous promoters cream off hundreds of thousands of rands, and freedom of expression is compromised when artists are silent about corruption for fear of alienating decision-makers and those who control purse-strings. The Campaign encourages artists to take a stand against corruption within our own sector, and to build alliances with others in the fight against the scourge of corruption.

Which artists and arts organisations have endorsed the Campaign?

More than 700 individuals in all art disciplines have already endorsed the Unite Against Corruption Campaign, including well-known artists such as Zakes Mda, Karen Zoid, Shaleen Surtie Richards, Marius Weyers, Gcina Mhlope, Maishe Maponya, Sandra Prinsloo, Vinette Ebrahim, Jay Pather, Mncedisi Shabangu, Beezy Bailey, Ismail Mahomed, Siv Ngesi and David Kramer. The South African Guild of Actors, Visual Arts Network of South Africa, Arts and Culture Trust, ASSITEJ, PANSA and the African Arts Institute are among the organisations that have expressed their support for the Campaign.

What is expected of artists/institutions should they endorse the Campaign?

Individuals can simply endorse the Campaign, lending their celebrity and name to encourage others to support the Campaign. They may also recruit friends, family and supporters to participate in the marches, engage in creatively supporting the campaign through poetry, music, film, visual images, etc, help to organize creative interventions in the build-up to and during the marches, and contribute funding, particularly to the arts component of the Campaign. Institutions may circulate pamphlets to their supporters to encourage their involvement in the marches.

What is the “arts component” of the Campaign?

Already artists engaged in the Campaign have contributed visual imagery, stand-up comedy, street theatre and poetry as part of an anti-corruption picket outside parliament. There are plans to infuse the marches with creativity e.g. puppets, poetry, music, etc as well as to engage in creative interventions to build support for the marches in the ten days leading up to 30 September. After the Cape Town march, there are plans to host a public, open-air concert near parliament. Where necessary, we would like to be able to assist as many artists to participate in the marches, and to prepare banners, placards and T-shirts that are creative and speak to our issues.

Are there particular arts-related demands of the Campaign?

The Unite Against Corruption campaign has invited all sectors to submit demands to be included in the list of demands to be pursued by the Campaign. One idea that has emerged from among the arts people engaged in the Campaign is for the equivalent of an “Arts Protector”, an independent mechanism to whom those in the arts and culture sector who experience corruption, may report such instances for investigation, exposure and action.

Who’s driving the artists’ involvement in the Campaign?

Three ad hoc committees exist in Johannesburg (coordinated by Gita Pather), Durban (coordinated by Nadia Meer) and Cape Town (coordinated by Mike van Graan) to help mobilize artists’ involvement in the Campaign, both in the actual marches, and in contributing creatively and/or financially to the Campaign.

For more details about the Campaign, go to the website, or email media@uniteagainstcorruption.co.za, or follow it on Twitter @UAC_Now or Facebook www.fb.com/UACNow