Key changes at a glance

Key changes at a glance: Grant guidelines for FERNSEHFONDS AUSTRIA
(Austrian Television Fund)

 

Section 1.1. Object of grants

New numbering of articles in KommAustria Act (Articles 26 to 28)

Section 3.2. Specialised qualifications

Specialised qualifications are considered to be fulfilled by artistically and economically comparable productions with Austrian character in the past three years.

Section 3.5. Financing contribution of television broadcasters

The contribution of a television broadcaster or broadcasters must amount to at least 30% of overall production costs.

Section 3.6. Maximum number of submissions

For a given project, a production grant application may be submitted no more than three times.

Sections 3.7., 3.8. Productions not eligible for grants

Previously completed productions are not eligible for funding, nor are theatre, opera or concert recordings.

Section 3.9. Minimum length

For animation series, the length of individual episodes may be added up to reach the minimum length of 23 minutes.

Section 3.10. (3) Limitation of grant amount

FFA grants are no longer limited to the largest financing contribution received from a television broadcaster. Section 3.10. in the previous version of the guidelines has been removed.

Section 3.10. (3) (new version): Distribution through broadcasters

Distribution through broadcasters is considered an exception. The producer’s own share of financing is to be recovered with seniority before any prepayments. At the second level of subordination, a “corridor provision” is stipulated for the producer’s own share.

Section 3.10. (4) Start of licence period

The licence period must begin no more than 12 months after the final acceptance of the production.

Section 3.10. (6) Acquisition of rights for other television broadcasters

A television broadcaster may only acquire broadcasting rights on behalf of another television broadcaster with a documented instruction to do so.

Section 3.10. (8) Proceeds from collecting societies

All proceeds from collecting societies are to be paid to the producer.

Section 3.10. (9) Co-broadcast channels

Instead of “co-broadcast channels”, the phrase “channels with which the broadcaster cooperates“ is used.

Section 3.10. (10) Other utilisation rights

The rights to yet unknown utilisation types must not be assigned.

Section 3.10. (10) Catch-up TV

Free Catch-up TV rights may be explicitly granted to the broadcaster.

Section 3.10. (11) Option to acquire excerpt rights

Such options can already be exercised after final acceptance of the production.

Section 3.10. (12) Options

Options must not be granted (except for excerpt rights). Television broadcasters may acquire additional usage periods 36 months after the premiere broadcast. The compensation for these periods must not be part of the project’s financing.

Section 3.10. (14) Explicit adherence to the guidelines

In every agreement (LOI, deal memos, contracts, etc.) between the applicant and television broadcaster, the following sentence must be included: “The producer intends to make use of funding from the FFW; the grant guidelines of the FFA in the version applicable at the time when this agreement is concluded (available at www.rtr.at) shall be considered an integral part of this agreement and shall have priority over any conflicting agreements.”

Section 3.10. (15) Programme investors

The minimum share of 30% also applies to programme investors.

Section 3.11. (2) Other forms of utilisation

Recommendation for distribution agreements: The distribution commission should be a maximum of 25% and the term of the agreement should be no longer than 10 years. Lump-sum distribution costs should not be more than 15% of distribution revenues. No additional shares of revenues are to be granted for distribution.

Section 4.1. (2) Increased grant amount

Grants covering 30% of overall production costs may be awarded, but only in exceptional cases. At least two of the sample criteria listed in the guidelines must be fulfilled.

Section 4.1. (3) Ex post reduction of grants

If the planned expenses in Austria are not reached, the grant amount may be reduced. The tolerance limit is 10%.

Section 4.2. Utilisation grants

In addition to production grants, grants are also provided for certain utilisation measures. These include film version for people with hearing and visual impairments, foreign-language versions and participation in festivals.

Section 4.3. Utilisation grants from other grant institutions

The limit of 50% funding may only be exceeded for the creation of versions for people with hearing and visual impairments.

Section 4.4. Grant limits

New grant amount limits for production grants: television films up to EUR 1 million, television series up to EUR 200,000 per episode. Multi-part productions may be funded on a degressive basis.

Section 5.1. Application deadlines for utilisation grants

Utilisation grants can be submitted at any time up to 24 months after the announced completion date.

Section 5.3. Expenses incurred in Austria

The guidelines now provide a more precise definition of which expenses are recognised as “Expenses incurred in Austria”.

Section 5.5. Accumulation of grants

EU funds such as grants from the MEDIA programme are not counted toward the maximum amount.

Section 5.6. Utilisation grant decisions

Decisions will be made after all relevant documents are submitted.

Section 6.5. Payment of utilisation grants

Upon submission of evidence of costs incurred.

Section 6.6. Absolute expiry date

If no request for payment is submitted, payments and claims expire three years after the grant agreement takes legal effect.

Section 7.1. Expiry of instalments

The second and third instalments will expire if no request for payment is submitted within six months of the announced completion date. A grace period may be defined.

Section 7.1. (3) Disqualification from application process

Grant recipients who fail to submit the final cost statement will not be eligible to submit further applications for grants until an acceptable statement is submitted.

Section 9.3. (1) Advertising announcements

The FFA’s support must be acknowledged in all advertising announcements and other presentations of the production.

Section 9.3. (2) Reporting obligation

Grant recipients are required to submit reports on utilisation for a period 36 months.