In Protection of Motion Picture Rights on Television

by H.S.C. – Hungarian Society of Cinematographers

Anomalies offending creators' rights occupy more and more territory when transmitting cinema motion pictures on television, causing indignation in professional quarters as well as with viewers.

Television companies are encroaching in the screen-art's picture structure and dramatic build-up, and thus in the impact the artwork will have on the viewer.

When using the word „film” we mean cine-films, television-films, and all the non-fictional work (documentaries, animation, etc.) that function as individual pieces of art.

1. Icons on the screen

This is about informational material and other visual effects that television channels place on the screensurface of the films transmitted by them.

These icons often occupy all four corners of the screen, and reflect the intentions of the channel owners arbitarily, for example reffering to the next programme, advertising a website, showing a moving logo of an awaited sports event, etc.

The age limit mark though is contrarily made compulsory for these companies by the film-law itself.

As filmmakers we can't argue with the age-limit set for each film, which even the distributor is obliged to indicate in the begginning of the screening. This same thing happens in movie theatres, when before the first moments of the film, a number circled in yellow or red appears on screen, representing the age classification set by the authorities. In theatres however this icon dissapears with the beginingof the screening. Contrarily to this, when screened on television, the classification-icon is there during the entire length of the film, neglecting the aesthetics of the picture.

(For example in black and white films, the fact that something of a coloured nature is there, attracts the viewers attention and causes disharmony. In black and white film the appearance of a colour usually serves a dramatic purpose, easily ruined by coloured circles entering the picture before the event of such in the storyline.)

In most countries this icon is on for ten seconds before the start of the programme, or in stricter practise, for the first 60seconds of the film. Current laws in Hungary make it manditory for the icon to be on the screen for the duration of the entire film.

According to the above, we plea to the law-makers to urgently change this practise made cumpolsory by law.

We propose that the age classification icon should be indicated before the start of the film, and while the film is on, the channel logo exclusively should be allowed on screen, nothing else than that. The channel-icon with a maximum of 50% transparency during the transmisson of the film, and during black and white pictures, only desaturatedly. Other that this, no other information, logo, text, icon, banner etc. should be allowed to cause disturbance in the enjoyment of the artwork.

2. The credits

The practise is to cut the film unexpectedly at the ending moment – the dramatically most important moment, and the most cathartic, the climax of the film - not leaving time for the viewer to process what they have seen.

Movie-makers are very careful about planning and preparing those moments between the closure of the plot, and the credits, which belong to the film just as well as any other part does. These carefully planned moments „ring off” the film, and help the viewer digest. On the other hand the complete removal of the credits is unreasonable and disrespectful with the makers.

We understand that the credits lasting five or even ten minutes at a time are too long, and do not demand the full-length transmission of these. But we have to insist on at least a minimal duration, which is also justified by the fact that the key figures in making a film always appear in the begginning of the credits.

Our suggestion is to make it compulsory for the channel to leave at least 60 seconds of the credits before they fade out. Advertisments and recommendations of following or other shows could only be shown after the first 15 seconds of the credits, on the bottom of the screen (1/6 of the screen maximum) only in balack and white, and only without sound interfering with the original sound of the credits.

3. Commercial Break

The commercial intermission during the film is mostly automatic, and does not take into consideration the inner dramatic build-up of the film. Actually these pauses and where they should be in the film should be defined by the filmmakers themselves, or the manufacturer, in the sale contract, and the channel should be obliged to only have breaks in the films in the moments given in the contract.

These intermissions are often long enough for the viewer to completely fall out of the effect the film had had on them, especially if they are shown not only commercials, but other programmes as well (sweeptakes, news, promo for the next programme etc.) or advertising films completely different from the one viewed at the time.

The fact that commercial breaks are far louder than the films that they interrupt, only increases the disturbance caused by them. (The result of this by the way is reversed: the viewer will not pay closer attention to the louder noise, they will either change channels, or turn the volume down)

Our suggestion is that films shorter than 30 minutes should be forbidden to interrupt with commercials. Feature films and television films should only be interrupted in the moments set by the creators on contract. If the makers of the film or the distributor doesn't lay claim to arrangments like that, the film could only be interrupted after each 30 minutes of it, and never more often than that.

A motion picture could only be interrupted by commercials two times at most, the first one being after the first 30 minutes of the film. The length of a commercial break should not exceed five minutes. This five minute period should only be used for commercials and social advertisments, not for anything else (promos of other programmes, political advertisments, other programmes or trailers etc.).

The sound of the broadcasted commercials mustn't exceed that of the film it interrupts.

(To appease the loss of the channel, they could be allowed to make up for the lost commercial minutes per hour before and after the film.)

4. Aspect Ratio

The appearance of wide screen-television sets on the market has made is more difficult than ever to deal with the question. (Before, theatrical film used to be composed for wide screen, but when broadcasted on television they included the upper and lower part of the picture as well, that couldn't be seen in theatres, to fill the 3:4 ratio of the tv screen. This method has become pointless with the appearance and fast spread of of wide screen tv-sets, because the set can broadcast the original theatrical frame ratio in it's fullness, now.)

In today's practice the picture is often peremptorily re-composed, sometimes edges of the picture are even cut off entirely.

Our suggestion is to include the format of the film on the trade-contract, and make it cumpulsory for the channeels to keep said ratio when broadcasting the film.

Based on the above, we plea to the law-makers to rethink and change the laws and regulations according to our suggestions, for the protection of the originality of the picture, the rights of the artists, and of the cinema.

Budapest, 3. Jan. 2008.