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Hessen Broadcasting Corporation Film Fund
(Hessische Rundfunk Filmförderung, HFF-hr)

Regulations governing the use of Hessischer Rundfunk (hr) funds from the 2% share of the broadcasting fees for promoting film in Hessen pursuant to section 57 paragraph 3 clause 2 figure 3 of Hessen’s Private Broadcasting Act (Hessisches Privatrundfunkgesetz, HPRG)

Preamble

Through its revision of Hessen’s Private Broadcasting Act (HPRG) of 25 January 1995 (in the version of 22 December 2000), the state legislature of Hessen established broadcasting fee funds from the 2% share, remaining with the HR or returned to the HR from LPR Hessen, also to be used for promoting the film sector in Hessen. Compared to the previous legal situation, a third possibility for using the said 2% funds was thus created with the promotion of the film sector in Hessen.

The HR shall support the film sector and the film industry by providing material and financial support on the legally prescribed scale. The successfully practised use of funds from the 2% share shall continue for the two other purposes specified in the law:

  • the extension of HR cultural activities on radio and television, especially festivals, artistic competitions, concerts, operas and plays performed in the state, and
  • the HR Radio Symphony Orchestra.

The Hessischer Rundfunk Film Fund (Hessischer Rundfunk Filmförderung, HFF-hr) shall not substitute the duties of the Hessen Film Fund (see current Administrative Regulations of the State Government of Hessen). Instead it shall act as an additional means of promoting film in Hessen in cooperation with other film support institutions.

Section 1 Promotion Goals

With the HFF-hr, the HR shall pursue the goal of

  • strengthening the cultural creativity and economic performance of producers from Hessen in the film sector and especially of supporting productions made by producers based in Hessen or by other producers in Hessen;
  • supporting the quantitative and qualitative development of Hessen’s film culture and film industry in order to enable multifaceted and high-quality film-making;
  • increasing the occurence of such productions in its Hessen 3 television channel as well as other public-service television channels (e.g. ARD’s 1st television channel, 3Sat, ARTE, third television channels of other state broadcasting institutions).

Section 2 Scope

  1. Support shall encompass the following areas:
    1. the production of films, also co-productions, including screenplay support and production preparation measures (central focus of the HFF-hr);
    2. public relations, development and marketing in connection with supported productions pursuant to clause a).
  2. There shall be no restriction to specific genres or film lengths.
  3. In justified cases, the jury can decide to support other projects in Hessen with up to a maximum of 10% of annually available funds (section 4) if such projects are significant for the goals named in section 1 and the HR from the perspective of film culture and the film industry; this can also include distribution and screening measures.

Section 3 Preconditions / Application Procedure

  1. Support shall only be provided on application. Applications shall be submitted to the Executive Office of the HFF-hr, which shall be established at the Secretariat of the Hessen Film Fund in Frankfurt by arrangement with Filmbüro Hessen e.V. More detailed rules governing the administration of the application procedure shall be determined by the jury.
  2. In cases covered by section 3 paragraph (1), producers shall be entitled to apply if
    1. the producer is based in Hessen,
    2. the centre of the director’s artistic work is in Hessen, or
    3. the film is predominantly produced in Hessen and at least 50% of funding are spent for production in Hessen.
    If one of these preconditions is met, collaborations with other film funds and co-productions not excluded.
  3. Funds from the HFF-hr and funds from other support programmes, especially those in Hessen, can supplement one another; cumulation is permitted. The application for and acceptance of other support funds must be laid open when an application is submitted.
  4. HR support funding can only be granted up to a maximum level of 50% of the total costs of the project and as a rule shall not exceed 20%; the jury can permit exemptions to this rule.
  5. The applicant shall make a binding declaration that he or she accepts the transfer of rights pursuant to section 6.

Section 4 Forms and Level of Support

  1. Pursuant to section 57 paragraph 3 clause 3 of HPRG, the material and financial means available to the HFF-hr shall amount to a total of at least 750,000 Euros per year. Funds not used in one budgetary year shall be carried over into subsequent budgetary years.
  2. Further details of the payment of support funding as well as the requisite statements of financing and use of funds shall be laid down in administrative regulations by the HR on the recommendation of the jury.

Section 5 Granting Procedure

  1. Applications, including costs and finance plans, shall be examined by the Executive Office of the Hessen Film Fund and passed on to the jury. The jury shall decide on the granting of support and its level pursuant to paragraph (3) within the limits of the funds available to the HFF-hr (section 4 paragraph (1)). The jury’s decision is binding.
  2. The jury shall consist of three expert members. Two members shall be appointed by the Hessen's Ministry of Higher Education, Research and the Arts and one member by the HR. The term of office is two years; re-appointment is possible.
  3. Decisions of the jury shall be unanimous. Abstentions are not counted as votes. The jury shall justify its decisions and the amounts granted in concise written form.
  4. The jury shall also have the following duties:
    • decisions pursuant to section 2 paragraph 3;
    • definition of more detailed rules for the application procedure (section 3 paragraph (1));
    • authorization of exemptions to the maximum or minimum level of support funding (section 3 paragraph (4));
    • exceptional exceeding of the agreed level of support (section 5 paragraph (1));
    • establishment of rules for the payment of funds and the maintenance of statements of use of funds (section 4 paragraph (2));
    • decisions on the television waiting period pursuant to section 7.
  5. The jury shall establish a code of procedure.

Section 6 Granting of Rights

The HR shall acquire the television rights of a film that has received support from the HFF-hr through agreement with the producer in accordance with the following conditions:

  1. Following the end of the television waiting period (section 7), the HR has the exclusive right to exploit the film for television purposes without additional payment once during a period of one year on its third television channel through all technical means of distribution – via cable, satellite and other technical means. If another broadcasting organization (with the exception of other ARD institutions) was a co-producer and made a higher contribution than that provided by the HFF-hr, the HR shall only exercise the aforementioned broadcasting rights following a period of four years after the completion of the film; a shorter waiting period can be agreed.
  2. Furthermore, the HR shall have the option of acquiring additional rights for itself and the other ARD institutions on market terms. This option must be exercised within six months following the completion of the film.

Section 7 Television Waiting Period

  1. A cinema screening period of 18 months is envisaged for individual film projects if this is not shortened pursuant to paragraph (2). During the cinema screening period, the HR shall refrain from all television use under the terms of the rights acquired pursuant to section 6.
  2. The producer pledges not to release the film for video distribution purposes earlier than 6 months after the cinema premiere. Television use shall generally not occur earlier than 18 months after the cinema premiere unless the jury decides to reduce this waiting period on the application of the producer.
  3. The producer shall of his or her own accord inform the HR and the Executive Office of the HFF-hr of the actual date of the cinema premiere.

Section 8 Television Transmission of Supported Projects

Support for a project by the HFF-hr does not entail any transmission obligation on the part of either the HR or any other public-service broadcasting institution. However, the HR will make supported productions available for transmission within the framework of possible suitable programming areas.

Section 9 Public Relations

Decisions on public relations measures in connection with the HFF-hr shall be made by the HR in consultation with the jury. The HR shall examine whether it can make its own premises (e.g. the large studio at the broadcasting centre in Dornbusch) available for appropriate events organized by the HFF-hr.

In cases of doubt, the German-language version of the regulations shall be definitive.