Russian Documentary Guild informs about changes in the legislation which could jeopardize film industry in Russia

Two amendments about distribution certificates and prohibition of offensive language in movies entered into force in Russian legislation on cinematography on the 1st of July, 2014. These amendments have fundamentally changed the system of production, film screening and distribution of Russian documentary film industry. 

According to the law, “film screening or/and distribution and theatrical release without a distribution certficate, that sets, in particular, methods of films’ using, isn’t allowed in Russia, except films screenings on terrestrial, cable and satellite TV in case that specific films had been made especially for such show and for the show at international film festivals on the territory of Russia if the film had been brought special for this show”.  

Adopted amendments prohibit every screening of every film without a distribution certificate. Rules apply both to new movies, and to the ones that have already been shown. If you break the law for the first time, you have to pay from 50 to 100 thousand rubles (from about $1430 to $2850), if you do it twice – from 100 to 200 thousand rubles (from about $2850 to $5700), or business activities of the company will be suspended for 90 days.  

So, from the 1st of July every right holder have to get the certificate even for a single screening of his film in public space wheter it's a movie club, festival or any other form of sreening or rental. Getting distribution certificate becomes complicated because of the second amendment – prohibition of offensive language in movies. This law contains not only prohibition of some offensive words, but also scenes of smoking, appeals to overthrow the government, extremism, etc. The list of prohibited words doesn't exist, an independent commission of experts will regard every project and make its own decision. What do the drafters of the law mean by extremism and appeals to overthrow the government isn’t clear either. Mechanism of the expertise is incomprehensible too: who will participate in this evaluation expertise and how this process will be held is explained nowhere.  

Getting a distribution certificate costs about 18-20 thousand rubles (from about $510-$570) for one film (this sum doesn’t include cost of the trip from other cities, and only right holders can get the certificate by themselves in Moscow). Directors who make films without support of the Ministry of Culture of the Russian Federation but using their own budget, small movie companies and educational institutions won't be able to afford this sum of money. However, even if some right holders have money, they have no guarantee that they get the distribution certificate quickly. Firstly, the film may not pass the expertise, and secondly, the new law anyway suspends the life of the movie at least for 2-3 months, during which directors can manage to gather all the necessary documents and submit the relevant papers. 

According to the new law, many films that have been made and shown or come up to the stage of production before the law, can't get the certificate and have no chance to be shown legally once again. 

It's already clear that the amendments block the work of one half summer cinema festivals in Russia. Many festivals gave a chance to Russian films shot without any support of the Ministry of Culture to start their rental life. Now only those films who have certificates can participate in festivals. New laws jeopardize such festivals as "Windows on Europe", "Multivision", "Beginning", "Message to Man", "We will live!", "Russia" and many others.

But we have good news too: during the recent briefing at the Ministry of Culture Vladimir Medinksiy said that the Ministry had prepared a proposal for amendments to the new law, according to which films that are going to be shown on terrestrial, cable and satellite TV and Russian film festivals have no need to get the certificate. Furthermore, the Department of Cinematography is ready to speed up the process of issuing certificates from 10 days to one for those who had gathered all the necessary documents before their proposal is accepted. But we still don't know whether the Government and the legislature is going to accept it or not.  

Various organizations, in particular, Documentary Film Guild and the X International Short and Animation Film Festival Open Cinema wrote open letters about the law of distribution certificates. Marina Razbezhkina, director of the School of documentary film and theater announced that the films of her students and graduates, created without the financial support of the state, wouldn't participate in festivals and film screenings where the certificates are needed. This law, according to Razbezhkina, introduces censorship in movie industry that violates freedom of speech and expression (Article 29, the Constitution of the Russian Federation).

And finally good news: dear foreign colleagues, don't worry! This law won't concern you! You can continue to show your movies at international film festivals in Russia with offensive language and without distribution certificates! Come to Russia, we are waiting for you!  

*****

The Ministry of Culture of the Russian Federation (Minkultury) is the federal executive power body performing the functions of developing the State policy and normative and legal regulation in the sphere of culture, art, cultural heritage (including archeological heritage), cinematography, archiving, tourist activities, copyrights and associated rights. 

RGDoc - The Documentary Film and Television Guild is the only one professional organization in Russia, which unites filmmakers and television workers (more than 190 people and production studios from all over Russia) specializing in documentary and popular-science films, documentary TV programs and news coverage. 

• Organization and development of special projects (creative competitions, workshops, forums, etc.) to build civilized relations between producers of documentary films and television, establishment of European standards in financing documentary and science films and paying Guild members compensation.

• Establishment of International relations in the field of documentary film production and distribution.

• Property and copyright protecting of the Guild members.

• Creation of a unified database for documentary film and television. Newsletters, handbooks and other information publication and distribution, that will promote all types and genres of documentary films and television.