EU XXL Vienna «The resolutions»

EU XXL the European Forum this year was focused on Cinematographers. Two issues were the center of the debate. The authorship rights for cinematographers and working conditions. The idea behind EU XXL is to get join together social partners representing the industry of film with the purposes to discuss together policies that can be changed at European level.
 

The final result of the talks. Click HERE to read the resolution.

Opening Speech by IMAGO president Nigel Walters.

You may be surprised that someone from the United Kingdom is President of a European organisation called Imago, a world-wide Federation which represents creative artists, namely cinematographers. It was Voltaire, who fortunately must have forgotten to sign up for his authors’ rights when he described the English as “a nation of shopkeepers”. The Welsh of which I am one, Irish and Scottish unfortunately were tarred by the same brush when collectively described as “Philistines” by the poet, Mathew Arnold. We may not be the ideal European member state but I can assure you that we have no dislike of artists or even authors.
What is so special about this strange bunch of creators described as “cinematographers”? Are we really artists thirsting to feed our minds and spirits with creativity or a bunch of egocentric maniacs on a self-inflated glory trip? We hope you will discover a positive answer to that conundrum in the coming days!

Since becoming President of our 38 Societies I have been astonished at the level of ignorance at the understanding of the craft of the cinematographer, an ignorance not confined to shopkeepers! Two years ago, attempting to set up a Barclays Bank account with the paltry sum of money in Imago’s pockets I was kept waiting several weeks while Bank employees attempted to find out what cinematographers did for a living. There was, it seemed, a possibility that Imago may represent an organization pedalling weapons of mass destruction or supporting International terrorists laundering money out to the United Kingdom. However I would also be pleasantly surprised if a majority of you present have a realistic appreciation of the true artistic contribution of a cinematographer to the craft of film making.

Today we stand before you as artists, responsible for creating mood in images with light and form. The cinematographer shares much in common with our fellow creative’s, the musicians, poets, writers, and all those involved in storytelling. Artists who are driven by a desire to hand down to the next generation more than a barren, empty inheritance. In Europe there fortunately exists a culture which is as exciting, diverse and rich as the life of the cinematographer. The inspiring individuality of our various cultures can be witnessed on any cinema or television screen.

The moving picture is recognised as the great art form of the twentieth century. It was the privilege and fortune of the early cinematographers that they were able to capture the images which recorded history. Each year in Macedonia, Imago supports a film festival which celebrates the pioneering Manaki Brothers who captured life in the Balkans at the beginning of the twentieth century. We are all richer for their historical images which thanks to film negative we still can view over one hundred years later. These early documentary cinematographers who went out to capture life themselves became the first directors and editors as they returned to the cutting rooms to edit their own material. The composer later arranged music to the pictures, at first to be played on a piano in front of the screen and from 1927 by the addition of optical sound to the film. The new art form of film was fuelled by the vision and enthusiasm of entrepreneurs who established their nickelodeons and studios throughout Europe.

It is impossible to conceive of a Europe without recognising the cultural diversity of its cinema. The creation of the moving image was a landmark in history. No purpose is to be served by discussing the relative importance of the writer, the composer of the music, the director, the cinematographer, the editor, or the set designer. Film making is a team business. Today we should also be aware of new crafts emerging such as the pictorial computer artist, the virtual cinematographers whose imagination co-created Avatar. A new artistic revolution is under way, driven by digital technology.

The film director can be likened to the conductor of an orchestra who harmonises all the various musicians around him and in doing so creates magic in music. Similarly whether using a camera or computer the relationship between the Director and cinematographer is crucial to the artistic integrity of film-making. Our craft exists, in collaboration with the director, to visually interpret the script using experience and imagination to create passion in imagery.

Our Federation was founded in 1992 by the Societies of Italy, France, Germany and the United Kingdom. Imago’s “raison d’être” was to improve standards of cinematography and to promote in Europe the concept of co- Authors Rights. Imago is working to achieve acceptable European standards of working conditions. The cinematographer is the key creative on any location after the Director. If we can improve his working conditions it follows that everyone will benefit.
The old political order was crumbling in 1992 and crumbling also was the paternalistic system of the Studios in both the capitalist and old communist World. It was a system which had protected film workers on both sides of the Iron Curtain, whether in Cinecitta in Rome or Barrandov in Prague or even the BBC Ealing Studios which, together with Mosfilm in Moscow, were then the largest employers of cinematographers in the world. Today in many European countries the new order which replaced the studio system has sadly deteriorated from order, into disorder. In this jungle the vulnerable self-employed, freelance and more often under-employed workers, are open to exploitation.

The studio system, despite its faults was a valuable benchmark for good practices in working conditions and creativity. It encouraged artistic, imaginative and stable employment. When this system disappeared there arose the era in which we now find ourselves. An era which in much of Europe has seen the rise of the freelance film workers, leading insecure lives not exactly fertile ground for the creativity demanded of them. Academies and film schools are flooding the industry by training too many students, all desperate to practice their craft at any price. This surfeit of artists not only puts pressure on working conditions but conveniently for Producers depresses salaries by increasing the supply of workers over demand.

Exploitation there has been in Europe, make no mistake about that! Not throughout Europe, however, as the Scandinavians have an exemplary record which Imago and the EU should be looking to as a model for future progress.
As I understand it a function of this EUXXL Forum is to attempt to find a consensus of opinion which, with the help of Brussels, may ultimately lead to a decent working environment. All enlightened Producers share this wish. Under analysis here will be the working conditions of the cinematographer and the important issue of author rights for the cinematographer. It will also seek possible ways in which the EU can help to assist the cinematographer, through Imago and its Societies, find funding to meet the challenges posed by new technology. Despite the huge amounts of money spent on developing alternatives, 35 mm film still remains the benchmark for high definition transmission. Imago needs financial support from the EU to fund a programme of education for cinematographers to meet the challenges which have arisen by new technology such as 3D.

It was in the declaration of 1999 in Torun, Poland that Imago appealed first to national and administrative bodies to include cinematographers among the authors of films and other audio-visual works .Furthermore cinematographers claimed recognition of their moral rights as authors and their share of income, increasingly relevant in this digital age, from works which include their creative contributions.
In 2002 the distinguished American cinematographer Conrad Hall, issued a statement in Lodz, Poland, which reverberated around the film world. It said simply, “As cinematographers, our responsibility is to the visual image of the film as well as to the well being of our crew. We strive to explore the language of cinematography and the art of storytelling. The expanding practice of working extreme hours compromises both the quality of our work and the health and safety of others.”

Our much respected colleague from Austria , Kurt Brazda, who is with us today wrote that” at the beginning of the 21st century, human beings and their social rights are in a very low ranking, where economic needs and profit become the centre of interest .
By 2005 working conditions in some countries had deteriorated to such an extent that an International Assembly of cinematographers, again meeting at Camerimage in Poland appealed to all relevant groups and professional organizations internationally to cease exploitative practices and restore acceptable working conditions.

Imago’s response has been to create a “Model Contract”. Like all artists there are no frontiers for cinematographers and the finished contract is an attempt to harmonize and regulate to an international standard the relationship between the cinematographer and the Producer. As you will be hearing from our distinguished lawyer and advisor, Dr Cristina Busch, the proposal attempts to establish a fair balance between both sides. The present model contract is concerned mainly with the matter of authorship. Its ultimate value will depend on the success of Imago’s case for the Cinematographer to be regarded as co-author of the cinematographic or audiovisual work. Encouragingly it has already been adapted for use as a standard contract in Bulgaria.
Because of differing national practices in areas such as employment status and the absence often of a collective agreement embracing the differing social systems it was difficult to recommend acceptable International proposals on working conditions. The Imago Model Contract incorporates a check list of working standard terms and conditions which should be included in the document finally signed between the cinematographer and the producer. As well as working conditions these include holiday pay, legal insurance taxes and provisions relating to transport, travel, expense allowances, accommodation, overtime work, infringement of rest periods and sick pay. However in a civilized society a cinematographer should have some financial guarantee of payment when he has completed his work. Banks are being asked to put money in place in case of a future banking meltdown. We call upon the European Union to take steps to put similar guarantees in place for the Creative people who are often at the bottom of the chain for remuneration. In the United Kingdom, infamous for opting out of anything European, ironically one of the few real advances in protecting workers has been the eleven hour break between turns of duty which came directly about as a result of an EU directive.

Last November in Seville we published a document entitled “The guiding principles of Imago’s campaign for cinematographers’ author’s rights.” Part of our strategy has to be the greater understanding of the creative role of the cinematographer as co-author his work.
Imago’s aims for the future, which we shall be presenting to this Forum, are for all cinematographers to be recognised as co-authors irrespective of whether they created their artistic and camera work while being employed.

We believe that all cinematographers should have full exclusive rights which entitle them to control the exploitation of their work, to participate in the income of all the modes of exploitation of their work and to receive fair remuneration from the Collecting Societies. Imago calls upon the EU to reform the Collecting Societies leading to a harmonious and equitable distribution of rewards.
The skill of the cinematographer has helped to shape the culture of European film for over one hundred years. Today the film workers lives vary between manic over work on the one hand and long periods of unemployment on the other. Conditions vary from country to country. Producers, Directors and Cinematographers are all represented at this Forum and it is to be hoped that we can find a consensus in finding ways forward to help solve our common problems. The way films are funded in Europe affects all our livelihoods. The present financing leaves much to be desired. A moratorium on the tax incentives for inward investment in film making into Europe is required. The present, haphazard arrangement encourages centres of creativity to move from one part of Europe to another in the search for cheap labour. Eventually a talented workforce emerges in one country only for those film workers suddenly to lose employment when new tax incentives encourage films to be moved to yet another country. The cycle in the disruption to the lives of creative people begins over again. These short-term tax incentives are no way to create a talented workforce. They benefit only short-term profit at the expense of creativity and endanger the future well being of our diverse cultural strength.

In conclusion I should like to express my appreciation to Mercedes Escherer, her team and the Austrian organisations which are enabling her to host this EUXXL. Imago has no paid employees, we are all cinematographers working to improve standards of excellence in the art of filmmaking and we are grateful to be given this historic opportunity to be present our case. We are proud of the contribution to high standards that cinematographers throughout many decades have brought to the great European tradition of Filmmaking. As creative co-authors we long to restore the respect and pride in which our profession was once held.
Thank you for your attention. I hope we all benefit from the next days and will arrive at a consensus which will in the future will strengthen our profession and give hope for the future to the talented men and women about to embark on the creative, artistic life of the cinematographer.