Law of the Azerbaijan Republic
The Law determines forms of state protection of cinematography, rights and obligations natural and legal persons engaged in cinematography, creates legal guarantee of the implementation of state policy in the sphere of protection and development of a specific type of art - cinematography
Article 1. Main terms
Terms used in the present law have the following meanings:
- Cinematography – sphere of culture and art consisting of the totality of professional, creative, productive, scientific, technical and educational activity directed at the creation and usage of cinematographic works;
- Film – an audiovisual work created based on a creative idea, in feature, chronic, documentary, scientific and mass, educational, animated, television and other genres, designed for watching and listening by means of devices connected with one another and creating an idea of motion, written on a film band and other media, consisting of a range of images connected based on the subject integrity (full-length film – not less than 52 minutes, short film - less than 52 minutes).
- News film – regularly produced documentary stories reflecting specific properties of a period and history of a nation by audiovisual means;
- Broadcasting of a film – broadcasting of a film in various forms and by various means;
- Showing of a film – mass showing of a film in a showing room, on the air, by means of cable and satellite television and other technical means;
- Production director of a film – professional creative person managing the creative and production work connected with the creation of a film and determining styling and idea of a film;
- Producer of a film – a legal or natural person undertaking financing, producing and broadcasting of a film;
- Camera crew of a film – a crew consisting of creative, technical an administrative personnel engaged directly in the production of a film;
- Showing room – place for showing of a film;
- Cinematography institution –institutions engaged in the production of films, production of news films, reproduction of films, broadcasting and showing, technical maintenance of showing rooms, preparation of film materials and equipments, production of works and rendering of services for the production of news films (renting of cinematographic equipment, renting of film studios, film complexes, sewing of costumes, building of decorations, preparation of makeups, wigs, properties, game structures, preparation of special effects, development of film bands, sound structure of a film etc. ), educational and scientific propagation, publishing, advertising propagation and supply, protection of resulting documents of news films according to their types of activities irrespective of organizational and legal forms;
- Cinematographic public association – creative or professional public association uniting cinematographs in unions, guilds, associations and other groups for the settlement of creative and social problems;
- Initial materials of a film – the original of negatives, intermediate negatives, control copy of a film, magnetic sound tracks of dialogues, monologues, cues, sounds and sound effects;
- Reproduction of a film – preparation of one or more copies of a film in any material form (film band, video and other media);
- Debut films – first creative work of a professional creative worker in the sphere of cinematography.
Article 2. Legislation of the Azerbaijan Republic on cinematography
Legislation of the Azerbaijan Republic on cinematography consists of the present law and other statutory-legal acts of the Azerbaijan Republic and international contracts to which Azerbaijan is party;
Article 3. Main forms of state protection of cinematography
Main forms of state protection of cinematography:
- Creation of legislation in the sphere of cinematography, preparation and implementation of a State Program;
- Provision of a creative, educational, material and technical, scientific and informational basis, training of cinematographic personnel for cinematography;
- State guarantee of the protection and development of cinematography, creation of conditions for the broadcasting and showing of films, and other film festivals and propagandistic measures;
- Financing of the production, broadcasting of films produced based on the government order, their participation at international film festivals, as well as financing news films production, and the state film fund.
- Provision of the creation of films and debut films for children and adolescents;
- Provision of international cooperation in the sphere of cinematography.
Article 4. National film.
A film is considered to be national in the following cases:
- If a production director of a film is a citizen of the Azerbaijan Republic and a legal person registered in the Azerbaijan Republic in accordance with the legislation;
- If in the camera crew of a film non-citizens of the Azerbaijan Republic do not exceed 30 percent;
- If a film is in Azerbaijani;
- If cinematography institutions registered in Azerbaijan Republic in accordance with the legislation and undertaking production, reproduction, broadcasting, showing of a film implement more than 50 percent of the general work scope provided for in the budget of the film;
- If the amount of foreign investments in the production of a film does not exceed 30 percent of the budget of the film;
- Films produced jointly with the foreign cinematographic institutions in accordance with the conditions provided for in international contracts to which Azerbaijan Republic is a party may be considered national films.
Organization of cinematographic activity
Article 5. State registration of persons engaged in cinematographic activity
Citizens of the Azerbaijan Republic, foreign citizens, stateless persons, and legal persons may implement cinematographic activity in the Azerbaijan Republic in accordance with the legislation.
State registration of natural and legal persons engaged in cinematographic activity irrespective of their form of ownership and type of activity, coordination of the development of cinematographic infrastructure are carried out by a respective executive authority in accordance with the legislation.
Article 6. Copyright in the sphere of cinematography
Copyright in the sphere of cinematography and special permit for cinematographic activity are given in accordance with the legislation of Azerbaijan.
Article 7. State registering of a film
All films designed for the mass showing (showing room, video halls, in points of video broadcasting, on air and by means of cable television) in the territory of Azerbaijan are registered by a respective executive authority and entered into a state registry of films for the prevention on legal showing of films and videofilms, pornography or films propagating violence, as well as for the determination of age categories of the audience.
Broadcasting and showing of films are carried out in accordance with the requirements of a respective executive authority.
Article 8. Forms of cinematographic activity
Creation, showing, broadcasting, use, propagation and protection of films (irrespective of audiovisual media) are considered to be forms of cinematographic activity.
Article 9. Privatization of state cinematographic institutions
Privatization of state cinematographic institutions is carried out in accordance with the legislation of the Azerbaijan Republic.
During the privatization of state cinematographic institutions their main type of activity is kept as cinematographic activity.
Article 10. State film fund. Protection of initial materials of films.
Protection of initial materials and copies of films registered by a respective executive authority, permitted for showing and broadcasting, irrespective of form of property, time and place of production, facilities and methods of production, having cultural, artistic, social and political, historical and practical significance, as well as of initial materials and copies of films which were not showed for certain reasons and production of which was stopped is carried out by a state film fund.
During the protection of films, news films and their initial materials, the state film fund provides observance of copyrights and other associated rights.
Creative activity in the sphere of cinematography
Article 11. Professional creative workers and collectives
- Every person whose main type of engagement and source of income is considered to be a professional creative worker in the sphere cinematography.
- Creative freedom of professional creative persons and collectives engaged in the sphere of state cinematography is provided.
- Unity of professional creative workers acting under the direction of a production director of a film for the creative works requiring joint efforts in the sphere of cinematography is considered to be a professional creative collective.
- Professional creative workers and collectives act as independent parties exercising of rights in the sphere of creative activity, and their legal stats is regulated by the legislation of the Azerbaijan Republic.
Article 12. Rights and status of professional creative workers and collectives.
Rights of professional creative workers and collectives in the sphere of cinematography are the following:
- To realize and deliver the results of creative activity by means and methods accepted in the cinematographic experience to wide audience;
- To protect and implement creative idea by respective means;
- To carry out new and original directions and genres in the sphere of cinematography;
- To use national and international cinematographic resources;
- To obtain professional education and professional development (including in foreign states);
- To decide independently the fate of works created by them;
- To found cinematographic institutions, funds and creative unities, public associations (including on international scale) on their own initiative and to join such organizations.
Obligations of professional creative workers and collectives in the sphere of cinematography are the following:
- To observe legislation in the sphere of cinematography;
- To maintain and develop national cinematographic legacy, and national traditions and properties in this sphere;
Determination of cinematographic activity
Article 13. Funding sources
Cinematographic institutions are financed from the state budged and funds a special proprietor, voluntary contributions of natural and legal persons, income obtained from their own activity and other sources not prohibited by the legislation of the Azerbaijan Republic.
Article 14. Tax concessions
Legal and natural persons rendering financial aid to cinematographic institutions may be applied tax concessions in accordance with legislation.
Article 15. International cooperation
International cooperation in the sphere of cinematography is carried out in accordance with international contracts to which the Azerbaijan Republic is party.
Article 16. Responsibility for the violation of legislation on cinematography
For the violation of legislation on cinematography, legal and natural persons carry out responsibility provided for in the legislation of the Azerbaijan Republic.
President of the Azerbaijan Republic
Baku city, July 3,1998