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Promoting Cross-Border Circulation of European Audiovisual Content

3 and 4 March 2016


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Programme Promoting Cross-Border Circulation of European Audiovisual Content

Watch the video of Amy Selwyn

6. Speeches

1. Welcome Sander Dekker

Giuseppe Abbamonte

Netherlands State Secretary for Education, Culture and Science

Petra Abbamonte

European Commission, DG CONNECT Member of European Parliament

2. Keynote

7. Panel discussion

Reed Hastings

EU-framework for audiovisual mass media

CEO Netflix

3. Speech

8. Panel discussion

Henk Hagoort Chair NPO, Dutch Public Broadcasting

4. Panel discussion Promoting cross-border circulation of European audiovisual content

5. Breakout sessions

Cross-border access to and portability of online audiovisual content

9. Closing remarks Marjan Hammersma

Netherlands Director-General Culture and Media

Six breakout sessions related to the central theme

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'We would do better to build bridges, that carry us from the old to the new world.' Welcome by Sander Dekker State Secretary of Education, Culture and Science

'The ultimate challenge is to help our creative talents and companies adapt to the digital era, exploit their massive potential and reach a wider audience - in Europe and in other parts of the world.' Improving the cross-border circulation of European films, drama series, documentaries and animation has long been a key objective of EU policy. And the digital revolution brings a new dimension to it.

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Viewing behaviour is changing. And so is the media landscape. Broadcasters, film and television producers, telecommunication companies, global video-on-demand services, social media, all play a part today. In this evolving market, companies need to adapt their strategies to these new realities. And politicians need to take the initiative to adapt our public policies as well. ‘For me, one thing is clear. Any policy, whether national or European, should be open to innovation and open to the world. It doesn't make sense to build barriers to protect certain markets from the digital tide’,

Watch the video of Sander Dekker

State Secretary Dekker argues. It is costly and ultimately, the flood will reach us in any case. We would do better to build bridges that carry us from the old to the new world. Bridges that carry us from local markets to global markets. The ultimate challenge is to help our creative talents and companies adapt to the digital era, exploit their massive potential and reach a wider audience - in Europe and in other parts of the world. In this context, by Sander Dekker cites a number of examples of how that can happen: • By directing more public film funding to marketing and distribution instead of production, and in particular, promoting the simultaneous release of these productions through several windows and in several countries. • By reconsidering quotas and levies, since they merely support the volume of national audiovisual production. To reach audiences and succeed with cross border circulation, other things are more important, such as developing creative talent, developing compelling stories with wider international appeal and developing the audience’s interest in productions originating in other European countries. • By acknowledging that global media players can have constructive roles to play local audiovisual sectors, enlarging both the production base and the audience base for local content.

Promoting Cross-Border Circulation of European Audiovisual Content


EU2016 - 5 Welcome by Sander Dekker


With regard to the Commission’s strategy for strengthening the Digital Single Market, Dekker expects a range of opinions in response to forthcoming legislative proposals. ‘As a member of the Dutch government’, he says, ‘I would appeal for “light-tough” regulation that gives scope for innovation. But if EU Member States cannot agree on having fewer rules, let us at least have the same rules. It would be wrong to carve out national territories on the Internet and then protect them on a national basis. That simply isn’t going to work. In 1989, the EU agreed on common rules that enabled television channels to operate across borders. This was a great boost to Europe’s audiovisual industry and I really hope that we will continue on this path, also in the digital era’.

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'But if EU Member States cannot agree on having fewer rules, let us at least have the same rules.'

Promoting Cross-Border Circulation of European Audiovisual Content


'Do not build digital borders.' Sander Dekker

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'Morning coffee conversations are not the same since streaming programs.'

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Sander Dekker

Promoting Cross-Border Circulation of European Audiovisual Content


EU2016 - 9 Welcome by Sander Dekker


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'Do not be afraid of on demand services, but in fact, actually become one yourself.' Keynote by Reed Hastings CEO Netflix The conference opens with a keynote address delivered by Reed Hastings, CEO and co-founder of Netflix, beginning with the screening of a breath-taking trailer for his new Netflix Original show: The Crown, about the life of Elizabeth II, Queen of the United Kingdom. Netflix, originally an American DVD-post order service, has grown steadily to emerge as one of the largest video-on-demand services in the world. Reed Hastings points out that Netflix has long expected that online videoon-demand was the future of the media. However, he also realized quite early on that the rise of the Internet would be slow. Netflix continued to invest in the DVD service until it felt the time was right for an online video service. The Internet, he says, has three big advantages over traditional linear television. You can watch what you want, whenever you want, based on recommendations specifically selected for you. This, he points out, is a fundamental change in the media experience and not just an extra or add-on. Hastings warns the conference attendees to be wary of remaining excessively committed to the linear orientation for much longer. The rise of online media may be slow, but it is irreversible.

Watch the video of Reed Hastings

be more co-productions, and the Internet should be used to strengthen collaboration and promote cultural exchange around the globe. Hastings claims Netflix wants to be part of this distribution, by offering content subtitled in any language. The ondemand world requires new policies and approaches. Quotas will no longer work, because watching TV online is an entirely individual experience. Therefore producers need to focus on producing fewer shows, creating greater impact with larger budgets. In this new reality local content is of vital importance. Netflix increasingly invests in locally created content, with series such as ‘The Crown’ or the new show, ‘Marseille’. The Netflix approach stimulates crossborder circulation of these shows, because subtitles and dubbing are available in many languages. By buying and distributing local content in many languages, Netflix contributes to cross-border circulation of European audiovisual content. Don’t be afraid of on-demand services, Reed Hastings says in his concluding remarks. Rather, he advises, you should embrace the concept and offer on-demand services yourself.

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And this leads to interesting questions about regulation. Regulation will be needed, Hastings acknowledges, but it should be limited, and it needs to stimulate crossborder content dissemination. There should

Keynote by Reed Hastings


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EU2016 - 13 Keynote by Reed Hastings


'Tv is the only platform that still dictates your schedule.'

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Reed Hastings

Promoting Cross-Border Circulation of European Audiovisual Content


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'Public Service Media have to adapt to radical changes in viewing behavior.' Speech by Henk Hagoort Chairman of the Board of Management at Dutch Public Broadcasting

Watch the video of Henk Hagoort

In his keynote speech, Henk Hagoort, Chairman of the Board of Management at NPO – Dutch Public Broadcasting – emphasizes the important role of Public Service Media in society. However, Public Service Media have to adapt to radical changes in viewing behaviour. ‘In order to remain relevant in the 21st century, Public Service Media should have a portfolio consisting of both linear channels and their own VOD [video on demand] platforms’, Hagoort states. He argues that public VOD platforms contribute to a wider circulation of, and wider reach for European productions, so that more people can benefit from these programmes. To enable the Public Service Media to become full-fledged VOD providers, Hagoort expects European governments to enact legislation on due prominence and net neutrality. Public Service Media, he notes, need to publically embrace values to guide their activities on VOD platforms with respect to the presentation, personalization and recommendation of content. Rather than seeing Public Service Media and other players as rivals, he adds, ‘I prefer to look at Public Service Media and parties such as RTL and Netflix as colleagues, whose offerings complement each other on the VOD market.’

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‘There is much to be gained if Public Service Media in Europe increase their cooperation when it comes to exchanging technology, acquiring and exploiting content rights, exchanging programs and the shared production of European content – supported by legislation and regulations making all of this possible.'

Promoting Cross-Border Circulation of European Audiovisual Content


EU2016 - 17 Speech by Henk Hagoort


'The EU has moved from net importer to net exporter of content.' Panel discussion

Watch the video of the panel discussion

Cross-border circulation Should we be optimistic or pessimistic about the state of the audiovisual sector in Europe, and, what has to be done to strengthen our sector? During the one-hour session, six panel members – who each represent a different link along the audiovisual content production chain – grapple with these two questions. Most panellists find reasons to be optimistic: audiovisual content is on the rise, both in quality and in quantity. Grégoire Polad states that these developments should be viewed as a great success story. The EU has moved from net importer to net exporter of content, and thus we have more and more diverse cultural expressions. And with this boom in content production, the production environment is changing. This provides both opportunities and challenges that we must address, argues Lucia Recalde.

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'There has never been a time when there was more great content available wherever you are, and whenever you want it.' – Ingrid Deltenre The panel finds challenges in the speed and flexibility of local broadcasting organizations in co-funding not only local films, but also local series internationally. This requires

light-touch national regulation, to avoid legal restrictions which might hinder international cooperation. The boom in content creation also creates a growing mismatch between the number of movies produced and the number of films being circulated, Lucia Recalde observes. Joost de Vries argues that this means that new filmmakers need to care not just about content, but also about distribution. Another concern put forward by Ingrid Deltenre is that the there are risks related to increasing globalization through technology. The subsequent vertical integration can lead to diminishing net neutrality and can make it more difficult for people to find the content.

'This is not only about regulation, it is about what the customer wants. It requires the whole sector to get together and ask if we want local production, and then see what everyone should contribute.' – Ann Caluwaerts

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EU2016 - 19 Panel discussion on cross-border circulation


All parties will need to make investments of time and energy to address these challenges. The members of the panel all recognize the necessity of harmonization and lighter regulation both on the international and national level to create a level playing field. But most importantly, all players should come together to seek partnerships in new types of funding and revenue models.

'We’ve got to help fit the jigsaw puzzle pieces together to collectively put bundle our budgets to produce the best content.' -Sophie Turner Laing

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Amy Selwyn (Storytegic - moderator) Ann Caluwaerts (Telenet) Ingrid Deltenre (European Broadcasting Union) GrĂŠgoire Polad (Association for Commercial Television) Lucia Recalde (European Commission, DG EAC) Sophie Turner Laing (Endemol Shine Group) Joost de Vries (Lemming Film)

Promoting Cross-Border Circulation of European Audiovisual Content


All eyes on the future, but we have to hurry.

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'Is glocal content nothing more than local content with subtitles and dubbing?' Breakout session Going Glocal In this panel session the panelists discuss the factors that motivate and drive global companies to invest in local audiovisual content and the obstacles they face. They also examine the extent to which local markets benefit from these foreign investments. The starting point for the discussion is the presumption that, in order to get a strong foothold in local markets, global companies increasingly invest in local content by producing local content or buying local content rights, production companies and talents. During the discussion the proposition is made that ‘glocal’ content may actually be nothing more than local content with subtitles and dubbing. Not all participants agree. It is pointed out that you while can clearly make a distinction between local content that is only distributed locally and global content that is made to be distributed worldwide, glocal content is something else: it is local content with high production values and with universal appeal that speaks to a broader audience beyond the local one. 

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From the discussion, it is evident that the panellists are not in favour of investing in Pan-European content. Pursuing such policies, the local flavour is lost and the products do not usually appeal to a broader audience. Cultural diversity is another subject that is discussed. One of the panellists argues that

global companies like Netflix won't be able to create content reflecting cultural diversity since they lack the intrinsic knowledge that is necessary to create local content in the language and culture of the country of origin. Cees van Koppen replies that when Netflix brings stories of the world to the world. Its goal is not to invest in local content to bring about local diversity, but to bring local stories with high production quality to global audiences. There is a demand from local markets for this kind of content and that is why Netflix invests in co-productions at the local level or works with local players. These investments from global players have not altered the facts on the ground; the reality is that local producers are struggling and the production of local content is declining in some European countries. Most panellists agree that robust public broadcasting media are indispensable for both a strong independent production sector and to guarantee long-term investment in local content and diversity. They also agree on the fact that regulation should be light and limited, and that it should focus on harmonization of laws and rules for local and global players in current member states.

Ruurd Bierman (Media Futures - moderator) Ann Caluwaerts (Telenet) Mezen Dannawi (Dutch Public Broadcasting) Barbara Galavan (Screen Producers Ireland) Cees van Koppen (Netflix)

Promoting Cross-Border Circulation of European Audiovisual Content


It's the battle for the eyeball.

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Going Glocal

Breakout session: Going Glocal


The Internal Market: 'It requires no rocket science, just political will.' Breakout session International Co-Production The session kicks off with the fundamental question: why co-productions? The panel agrees that there are several good reasons. Co-productions stimulate creativity across national borders, bring talented professionals together, and facilitate the financing of productions by limiting the initial risk. They undoubtedly facilitate distribution across borders as well, create larger audiences, and make more people curious. Last but not least, co-productions are good fun: when you work on a co-production, you get the opportunity to travel and meet interesting people and to share knowledge on storytelling and technical possibilities that you can then use to improve the quality of your films.

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International co-productions are certainly attractive to the viewers; they offer them the chance to discover the cultural identities of other European countries, to experience the differences and similarities, and to enjoy the interesting ‘stories’ that are inherent to these collaborative efforts. Indeed, the panellists concur, national broadcasters would be well-advised to be fully part of this trend and to participate in international co-productions on all manner of productions including, for example dramas. Funding co-productions, the panel acknowledges, requires a range of funding sources which should include international public funding, such as Eurimages and the Media Programme as accelerators of

co-productions, in addition to national public financing and private financing. The panel also agrees on the complexity around the financing of international co-productions. Financiers coming from different countries must comply with different regulations and meet different criteria, and that makes it difficult for them to work together. There is no need for further rules and regulations on either the national or more specifically, the European level. Rather, a sort of ‘harmonization’ of national rules would be very welcome. There seems to be a lack of ‘political will’ to achieve this. As Roberto Olla observes, ‘We have had the Internal Market since 1992, but this part of the audiovisual sector still needs some kind of harmonization. It doesn’t take rocket science, just political will’. The panel also agrees that there is lack of ‘transparency’ in the chain that extends from production through distribution and exploitation to consumption. To improve the quality of content as well as to increase audience, it is essential to compile clear data on turnover and audiences on all platforms available for the whole value chain. It is not clear ‘where the money goes’, and ideally, the benefits of exploitation further along the chain should be rolled back to a larger extent to the beginning, to the production.

Promoting Cross-Border Circulation of European Audiovisual Content


With this in mind, Doreen Boonekamp appeals for ‘circularity’ in the chain, and advocates bridging the gap between content creation on the one hand and distribution, exploitation and consumption on the other hand. Roberto Olla points to the French system, where they have a ‘Register’ for all contracts along the chain, ensuring transparency with respect to the disbursement of funds. The moderator concludes that the whole chain needs to be ‘modernized’ if international coproductions are to truly flourish.

Maarten Mulder (Dutch Ministry of Education, Culture and Science - moderator) Doreen Boonekamp (The Netherlands Film Fund) Roberto Olla (Eurimages) Leontine Petit (Lemming Film) Ewa Puszczynska (Opus Film) Joost de Vries (Lemming Film)

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Navigating European movie financing regulations is insane.

International Co-Production

Promoting Cross-Border Circulation of European Audiovisual Content


EU2016 - 29 Breakout session: International Co-Production


'Digital storytelling incorporates new innovating storytelling techniques.' Breakout session No Boundaries, Storytelling in the Digital Age ‘I wish there was more of it’. Sir David Attenborough, whose calm, soothing voice accompanies the acclaimed series Life and Earth, has just taken off his VR glasses after experiencing a 3D virtual reality walk amongst dinosaurs, guided by a digital version of himself. His experience is a prime example of Digital Storytelling. This immersive, interactive and engaging way of telling stories is the focus of the session No Boundaries, Storytelling in the Digital Age. At its heart is a promising and exciting new way to tell personalised stories, engage a hard-to-reach young audience across borders and utilise a wide array of platforms. But also, as becomes apparent throughout the session, there are risks with this type of content.

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'Digital storytelling changes our perspective and the way we experience the visible world.' - Moderator Dimitri Nieuwenhuizen Digital storytelling is showcased in a series of examples, allowing the participants to experience the wide variety of digital storytelling approaches. Alexandre Brachet and Margaux Missika from Upian show off their projects Do Not Track and Generation What?!, which use specific characteristics of the internet to provide audiences with a personalised, localised and interactive

story. Interestingly enough, French public broadcaster France2 found sudden success with a hard-to-reach age group (15-34) with the documentary version of Generation What?! Remco Vlaanderen and Yaniv Wolf from Submarine Channel present their projects The Last Hijack and the award winning Refugee Republic. Remco and Yaniv’s projects highlight the unique opportunities digital storytelling offers newspapers to tell important stories in a whole new, immersive way. It is no surprise that major Dutch newspapers such as NRC Handelsblad and de Volkskrant supported both The Last Hijack and Refugee Republic. Liz Rosenthal from Power to the Pixel shares some valuable tips about successfully setting up and finishing digital storytelling projects. Digital storytelling, she asserts, should be audience centric. Digital storytellers should start with ideas, rapidly prototype these ideas with the intended audience and only then decide which platforms are best suited for the story. Through these examples, the speakers lift the veil on what digital storytelling encompasses. Digital storytelling offers broadly accessible new perspectives on highly relevant issues like privacy, media wisdom, and political developments. Moreover, it incorporates new innovative storytelling techniques like virtual reality, game dynamics, and interface design.

Promoting Cross-Border Circulation of European Audiovisual Content


'A European single investment strategy for digital storytelling is vital for its survival and maturation.' ‘I wish there was more of it’. If Sir David Attenborough’s wish is to be fulfilled, there are some issues that policy makers and digital storytelling professionals need to address. For example, due to the fact that digital storytelling inherently produces cross-border content that is ‘genre agnostic’, securing public financing has proven to be challenging. Public funds are often tied to specific countries, platforms or genres. European digital storytelling content is also at risk of being crowded out by its US counterpart. A coordinated European strategy for supporting this type of content, either through public funding or a mix between public and private funding, could strengthen European content and its circulation.

public. Whether that public consists of teens using smartphones or tried and tested BBC hosts using VR glasses.

'Digital storytelling breaks barriers and builds bridges. It relies on the free circulation of audiovisual content to find audiences that cut across borders and boundaries.' Dimitri Nieuwenhuizen (LUSTlab - moderator) Alexandre Brachet (Upian) Margaux Missika (Upian) Liz Rosenthal (Power to the Pixel) Remco Vlaanderen (Submarine Channel) Yaniv Wolf (Submarine Channel)

Without addressing such issues, we may very well miss out on a unique opportunity to tell personalized, immersive and engaging stories of great public concern that travel freely across borders to the European

EU2016 - 31 Breakout session: No Boundaries, Storytelling in the Digital Age


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No Boundaries, Storytelling in the Digital Age

Promoting Cross-Border Circulation of European Audiovisual Content


EU2016 - 33 Breakout session: No Boundaries, Storytelling in the Digital Age


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'It all starts with good storytelling and a focus on emotional triggers.' Breakout session Traveling Formats and Remakes In this session the discussion touches on the development and selling of concepts that can be remade and adapted for different local audiences in an international market. What are the trends and the keys to success? And what is the public interested in?

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Doug Wood sets the stage by giving a presentation about global trends in the formats and non-scripted formats market. The top 10 most successful formats are game shows and talent shows, such as ‘The Voice’ and ‘Deal or No Deal’. They are well-structured and lend themselves easily to portability across borders. The United Kingdom, The Netherlands and the US account for half of all global formats. However, in the last two years there has been a shift and Denmark, France, Israel, South Korea have joined the ranks. Furthermore, formats now travel at a slower pace to fewer markets and originate in more countries. Changing viewing habits and the development of new multi-platforms and multi-channel networks can influence the formats of AV productions. The relationship with the viewer is more direct; in other words, the trend is toward on-demand and catch-up services. In response to the question: ‘What makes a successful format?’ Margo van Schayk and Iris Boelhouwer state that it all starts with good storytelling and a focus on emotional triggers. The key is to have an impact on the audience and to get people

engaged with the audiovisual content. Although specific markets have their own characteristics, Iris Boelhouwer does not believe that there is anything in particular that could be described as a European format. ‘When it’s a hit, it’s mostly a global hit’, she observes. The advice of the panelists is to start locally and focus on your own market. ‘If it’s a good format, it will travel’. Anders Tangen, successful producer of the Lillyhammer series, then discusses scripted formats, the importance of TV franchises and ‘proven formats’. According to him, where there’s creativity and quality evident in local content, then the result can succeed on the international market. The key for cross border success lies in stories with local roots, which often turn out to have universal appeal. If you produce something original and local it will sell itself. Tangen is of the opinion that some film producers are afraid and that they ‘think too much’. There is a lot of competition, but you have to embrace the new possibilities. It is, he says, a matter of gut feeling and ‘being smart’, adding that it only makes sense to have a good financing model before you start producing. He states that it is more difficult to find financing for comedy than for drama. That may be because often, comedy does not ‘translate’ well across borders, on account of cultural differences. Beyond ‘being smart’, ‘following your gut feeling’, and putting

Promoting Cross-Border Circulation of European Audiovisual Content


a good financing model in place, Tangen acknowledges that you also just need a bit of luck. Another panelist, Micha van Hoorn, argues that another important aspect of a successful format is ‘reach of audience’. The opportunities are significantly enhanced by using different platforms to reach different people and different groups. He illustrates this with the success of Serious Request, a Dutch multimedia charity event. Listeners are asked to donate money to the Red Cross in return for music. ‘It started in 2004 as a radio-only format, but it really gained momentum in 2007, when TV and later the Internet were used too’, he says. Serious Request is all about being active on social media, interacting with the audience and engagement. That is what public media across borders stands for: connecting and sharing public norms and values.

Amy Selwyn (Storytegic - moderator) Iris Boelhouwer (Endemol Shine Group) Micha van Hoorn (NPO 3FM / The Perfect Wave) Margot van Schayk (Endemol Shine Group) Anders Tangen (Viafilm) Doug Wood (Endemol Shine Group)

EU2016 - 37 Breakout session: Traveling Formats and Remakes


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A good format - first succeed local then think global.

Traveling Formats and Remakes

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EU2016 - 39 Breakout session: Traveling Formats and Remakes


'We have to re-think the experience of going to the cinema.' Breakout session Engaging Audiences Across Borders

'We have to distinguish between access, which is about technology or law, and engagement, which is more emotional in nature.' – Michael Gubbins

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At the outset of the session, moderator Michael Gubbins postulates that in the past, broadcasting was like the church: it was the broadcasters who decided what was good for us. Those days are gone, and these days, audiences are fragmented. Furthermore, new technologies make it possible for viewers to bypass media providers and do their own thing. In this environment, he queries, are we able to find out what the audiences really want? And how do we get the message about content out to people when they don’t yet know about it? It is, he suggests, about cultural diversity and social cohesion. Erwin Schmidt, from the Berlin based Cinemathon, says that he tries to learn from the innovation strategies in other industries and to then implement them in the film industry. He organizes an ‘accelerator’ programme to develop film business models relating to new ways to engage audience. There is, he believes, a need for more experimentation earlier

in the chain; in that case, when you fail, at least it’s cheaper. He poses a couple of challenging questions: Why is there only one premiere at a big festival followed by a very short period following the premiere during which the fate of a film is determined? And why focus only on the 90-minute content of the film? Why not re-think the entire experience of going to the cinema? Marike Muselaers from Lumière Film stresses the importance of integration of more phases in the chain. Lumière is a local specialist in a global market, and this is why it is successful. Lumière is not only into distribution, but is also a producer and co-producer, and operates two cinemas and an animation studio. The company works together with different partners, from the public broadcasters to Netflix. If you are involved from the beginning, she says, you can do better marketing, you can create brands and build a community of interest. The experience of Liesbeth Lergner, as manager of the online portal for children at Netherlands Public Broadcasting, affirms the importance of getting in at the early stages of the process. To make a film interesting for children, it’s no longer enough to make a trailer. Different content is required for social media. So it’s important that we talk to each other about additional content (for example, ‘the making of’, or bloopers and outtakes).

Promoting Cross-Border Circulation of European Audiovisual Content


Knowing your audience by collecting data - who is actually behind those zeros and ones.

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Engaging Audiences Across Borders

Breakout session: Engaging Audiences Across Borders


Liesbeth Lergner notes that all the series are released under one single brand, because otherwise, once the film is over ‘you lose your audience’. Liesbeth Lergner notes that all the series are released under one single brand, because otherwise, once the film is over ‘you lose your audience’. Peter Dinges, CEO of the German Federal Film Board, warns that if we destroy the business model there will be no film anymore. But after that we need tailor-made distribution. This is a matter of professionalism. Working in the digital age means starting earlier, with social media and all the technical possibilities that are at our disposal. This is what needs to be developed. And we need a strong partner in the European Commission.

One of the concluding remarks of the moderator is that it’s not simply a matter of replacing the old with the new; the audience experience doesn’t work that way. People like the experience of going out to the cinema and they like to be part of a community. The challenge for the industry is to connect these preferences to the new technical possibilities.

Michael Gubbins (Sampomedia - moderator) Peter Dinges (Filmförderungsanstalt) Emmanuel Joly (European Commission, DG EAC) Liesbeth Lergner (Dutch Public Broadcasting) Marike Muselaers (Lumière) Erwin Schmidt (Cinemathon)

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Emmanuel Joly, (principal administrator European Commission) confirms the role of the EC and describes the media part of the Creative Europe programme that has been established to help the EU film industry to take best advantage of the EU digital market.

Promoting Cross-Border Circulation of European Audiovisual Content


Many people go to the cinema mainly for the experience not for the content.

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Engaging Audiences Across Borders

Breakout session: Engaging Audiences Across Borders


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EU2016 - 45 Breakout sessions


'Everything is a media moment. Whether a tweet, a snap or a Youtube video, it all has value.' Breakout session The New Media World

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During a conference on cross-border circulation of content, it certainly stands to reason to address the topic of usergenerated content. The Internet and all its different platforms have fostered huge amounts of new, unique, creative content, most of it created by amateurs. From an extreme hairdresser to a retired woman making beauty vlogs for mature women, the Internet is a place for people to display their unique talents and gather a following. Many of those talented people have by now long emerged from obscurity and some are actually making a living producing content, spreading it through various (social) platforms and earning revenue from ads. However, most of them are not doing this on their own, but rather with the support of a so-called Multi Channel Network (MCN). An MCN acts like a record company for vloggers. It supports talent through talent development programs, production support and rights management, in exchange for a percentage of ad revenue. MCNs come in all shapes and sizes, and during the workshop on The New Media World, three of them take the stage to share their thoughts. Firstly, Jan Riemens, CEO of zoomin.tv, a media company and MCN, shows us how the world of media and content is changing. He asserts that TV is ‘retiring’. There is a visible decrease in interest amongst people under the age of 35, as evidenced by a decline of up to 25% in

viewing in the US in the under-35 age group, according to Nielsen. At the same time, the traditional business model for television (advertising) is not readily applicable in the online world. Jan advises advertisers to explore new business models such as native advertising to attract this new generation that habitually skips over commercials. Next, Simon Morrison, public policy manager for Google, speaks on the great impact that YouTube has had as a platform for online talent. Of course YouTube has benefitted greatly from vloggers who attract ad revenue. But it is also positioning itself as a platform that fosters talent, including a successful talent development program. Lastly, Meindert Kennis, CEO of Spinnin' Records, an MCN for DJs, takes the stage. ‘It’s a game you play with your followers, to get them involved’, he says. ‘They follow you through all platforms, getting a bit of exclusive information at a time. And in the end you give them the best content you have. Everything is a media moment. Whether it’s a tweet, a snap or a YouTube video, it all has value; especially when combined.’

Monique van Dusseldorp (TEDxAmsterdam - moderator) Meindert Kennis (Spinnin’ Records) Simon Morisson (Google) Jan Riemens (Zoomin’ TV)

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The New Media World

Breakout session: The New Media World


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EU2016 - 49 Breakout sessions


'The necessary harmonization and updating of European law in these area's will take time.' Speeches by Giuseppe Abbamonte and Petra Kammerevert The afternoon session starts with reflections from Brussels. The messages of both the European Commission and the European Parliament reflect a conviction that balancing European law and boosting cross-border circulation through innovation and entrepreneurship could and should go hand in hand. Giuseppe Abbamonte, welcomes the debate on European audiovisual content that is taking place at this conference. The Commission, he says, looks at the issue from the perspective of the Digital Single Market strategy.

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Abbamonte agrees with Reed Hastings on the importance of having one European framework within which AV-entrepreneurs can do their business. If we want to preserve both integrity of [jurisdiction in the] country of origin and the internal market, we have to work on further harmonization of EU rules for audiovisual media and intellectual property. According to Abbamonte the problems resulting from the current ‘disharmony’ are threefold: companies tend to ‘shop’ for the most attractive country to establish their headquarters, consumers lack sufficient protection, and the promotion of European work is hampered. The Commission has already proposed a regulation to ensure ‘portability’ of digital content services that consumers subscribe to in their home country. More proposals will

Watch the video of the speeches

follow before or during the summer, including a revision of the Audiovisual Media Services Directive and further copyright reform. Member of the European Parliament Petra Kammerevert assures the audience that the Commission, Council and Parliament are on the same page regarding the targets of the Digital Single Market strategy: increased access to digital content, fair conditions for the digital market and maximising the growth potential. Petra Kammerevert stresses that if we want to improve cross-border access to content, we will have to address at least four areas of EU law: media law, rules of the internal market (for e-commerce, services and consumer protection), competition law and copyright law. The European Parliament recently called for a holistic approach towards these matters in the Gebhardt/Kallas report ‘Towards a Digital Single Market Act’. We should welcome modern models of exploitation and distribution of audiovisual content that are more compatible with the main idea of the Internet. The harmonization and updating of European law that is necessary in these areas will take time, but Petra Kammerevert believes that rather than simply waiting for these changes, we should move sooner to implement more extensive and fundamental solutions at the European Union level.

Promoting Cross-Border Circulation of European Audiovisual Content


EU2016 - 51 Speeches by Giuseppe Abbamonte and Petra Kammerevert


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EU2016 - 53 Coffee-break


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EU2016 - 55 Coffee-break


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VIP dinner


'What did you take away from the session you attended?' Responses by guests

Ann Caluwaerts

Cees van Koppen

'It was encouraging to see the various industries all represented on stage and to hear their differing views on regulation. I was pleasantly surprised to learn that there was a strong consensus for less regulation. I also took away the importance of diverse local content and treating the Internet as a global medium.'

'There are tremendous opportunities

Manager Public Policy EMEA at Netflix Panelist during the subsession Going Glocal

to create local content that will travel; people are very involved in making European content. Every player in the field has to take responsibility for producing local content and looking for new opportunities.'

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Senior Vice President Corporate Affairs and Communications at Telenet Panelist during the first plenary session

Promoting Cross-Border Circulation of European Audiovisual Content


MartĂ­ Roma and Jordi JuliĂ

Students at Windesheim University of Applied Sciences Subsession: Digital Storytelling

'Journalists these days have to find ways to sell their stories not only to traditional media, but also to new forms of communication. It was very interesting to hear about new and interactive ways of storytelling and how people around Europe are making this work.'

Wolfgang Schulz and Thorster Grothe

Director at Hans-Bredow-Institut and Partner at Grothe Medienberatung Subsession: New Media World

'We attended a very inspiring subsession in which we learned that the press is nearly dead and that Germans are the smartest people because they ask the highest prices for online adds.'

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'Current quota and reporting obligations are too much a "ticking the boxes" exercise.' Panel discussion EU-framework on AV mass media During the first panel session of the second day of the conference, the panellists explore new policies and regulations that facilitate the production of, access to, and crossborder circulation of European content. Among the questions that are addressed: Should we continue on the same track or is it time for a brand new approach taking into account the specifics of the converged and globalized new media markets? And how can we ensure that such a new approach will be truly incentive-driven and future-proof?

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Gilles Fontaine starts by presenting the results of a study on the presence and visibility of European films on on-demand media services. From his presentation it is evident that quotas and other obligations have not achieved, or at least not fully achieved the public policy goals of the Directive. The study demonstrates that when it comes the availability and prominence of European works on on-demand media services, the potential may be considerable, but what has been achieved in practice falls considerably short of the potential. To begin the session the panellists are asked what they would opt for if the whole system could be redesigned. Lisa di Felicitanio replies she would like to go back to the rationale behind the European quota. In her opinion a high quota does not necessarily lead to high consumption. Tanja Kersevan-Smokvina makes a similar remark and says that Member

Watch the video of the panel discussion

States reports about the share of European works in audiovisual media services are too much a ‘ticking the boxes’ exercises. Not only do the reporting obligations tend to be administrative burdens in practice, but beyond that, they do not achieve the goal of cross-border circulation of European works. Nico van Eijk states that the current rules are not effective at all, and that problems should be solved in the first place by the market itself. He makes this point by noting that after the traffic signs behind Central Station in Amsterdam were removed the number of accidents dropped. Where possible we should get rid of sector-specific regulations such as the current quota provisions in the AVMS Directive and rely more on a generic legal frameworks. Pierre-Emmanuel Lecerf states that quotas have been effective in promoting European works. They have spurred investment, created jobs, and promoted cultural diversity, both inside and outside Europe. When it comes to financial incentives, he amongst others on the panel, acknowledges that quotas remain an important instrument on the level of both Member States and the EU as a whole, especially with respect to how they contribute to the production of content. Neill Watson points to the 'extremely effective' UK tax relief policies, which are part of a mix of various fiscal measures.

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EU2016 - 61 Panel discussion on EU-framework on AV mass media


Almost all panellists share the view that in an on-demand environment prominence is a key issue. So the question is: how to address instruments, especially those focusing on access to, and visibility and findability of content?

'We cannot rely exclusively on one instrument but we need a whole set of mechanisms.' – Tanja Kersevan-Smokvina

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From the floor, a representative from the UK regulator Ofcom notes that it’s crucial to involve platform operators and other parties who play an intermediary role in the distribution of audiovisual media content. The role of such gatekeepers becomes increasingly important. A representative from the CSA, the Belgian regulator for the French community, comments from the floor that in Belgium, the regulator has worked closely and successfully together with the industry when designing recommendations to the achieve prominence. This touches on another issue addressed by several participants during the discussion: the growing importance of co-operation with the industry and effective oversight by regulators. Tanja Kersevan, makes a plea for empowerment of the regulators and sharing of best practice models, also in the field of

co-regulation. One important observation comes at the end of the discussion: we cannot rely exclusively on one instrument; we need a whole set of mechanisms. Quota and reporting requirements seem to have lost their relevance, especially in the ondemand environment, but there appears to be added value in a combination of financial incentives and prominence measures, especially when they may be developed by regulators in close cooperation with each other and as a consequence of sharing bestpractice models. Above all, a very important role should be reserved for the industry itself, including the new media platforms and other intermediary parties. This should ensure an integrated future-proof approach.

'We shouldn’t regulate the past when shooting at a moving target.' – Madeleine de Cock Buning Madeleine de Cock Buning (The Dutch Media Authority - moderator) Nico van Eijk (Institute for Information Law) Lisa di Feliciantonio (Fastweb) Gilles Fontaine (European Audiovisual Observatory) Tanja Kersevan-Smokvina (AKOS Slovenian regulatory authority) Pierre-Emmanuel Lecerf (National Centre of Cinematography and the Moving Image of France) Neil Watson (British Film Institute)

Promoting Cross-Border Circulation of European Audiovisual Content


When quota are just numbers, they are useless.

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'The digital single market strategy is about building bridges.' Panel discussion

Watch the video of the panel discussion

Cross-border AV content

'What are the future challenges and consequences if we move away from territoriality in the EU? What are the cultural, economic and legal consequences for stakeholders such as distributors, rights holders and consumers?'

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These are the questions the panel sets out to address in a session on cross-border access to, and portability of audiovisual content. The session begins with a presentation by Felice Simonelli about the reasons for territorial licensing and exclusivity in the financing of films and what this means from an economical perspective for the different stakeholders in the audiovisual media sector, and for consumers. Bernt Hugenholtz follows Felice Simonelli with a presentation about the digital single market strategy of the European Commission, which aims to end territorial licensing wherever it is considered to be ‘unjustified’. He describes and explains a European Commission proposal on a

regulation for portability that is currently being negotiated with the Member States, describing it as ‘a clever and pragmatic instrument’, but also a ‘very limited solution to territoriality problems’. He then explains about the possibilities for pan-European licensing by extending the country of origin principle in the Satellite/Cable Directive. Hugenholtz expresses the opinion that this extension is likely to lead to growth for the entire market which would benefit all stakeholders, including the consumers. His presentation is well received by Agustin Reyna, who represents consumers on the discussion panel. Agustin Reyna says consumers want harmonization in copyright and access to all audiovisual content everywhere and anywhere. He also warns that young consumers in particular consider a lack of availability (caused by territorial licensing) an ‘invitation to piracy’. The digital single market strategy is about building bridges, and extending the country of origin principle in the Satellite/Cable Directive is the way to do that. Emilie Anthonis responds by making clear that there already is a lot of availability of audiovisual content across borders. She also explains why broadcasters need exclusivity. First of all, they must have confidence that there will not be ‘free-riders’ when they offer content across borders. Secondly they must retain the capability to differentiate

Promoting Cross-Border Circulation of European Audiovisual Content


EU2016 - 67 Panel discussion on cross-border AV content


themselves. Over the long term, she argues, if we move to cross-border access then there will be less content available to consumers. Multi-territorial licensing does not result in extra costs, and would be better than cross-border licensing. Cécile Despringre adds that the authors are the talents in this market and the ‘main assets’. They should be able to develop in a truly independent fashion, and should be able to earn a living from their creative work. A lot of them are freelancers. Diversity in Europe can be delivered to consumers by local distributors and passionate people who bring content to the people they know. There should be a more European system to remunerate the creators. Therefore, she suggests we should focus more on the cable section of the Satellite/Cable directive, rather than the extension of the country of origin principle as Bernt Hugenholtz suggests.

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Benoît Ginisty of the International Federation of Film producers, who represents the producers, states that it would be very dangerous for producers if the country of origin principle were to be extended. It would affect the ability of the producers to make territorial deals for the distribution of audiovisual content.

of the consumers would benefit from this. There will be major consequences, he says, in terms of pricing for consumers, jobs and the cultural economy in Europe as a whole. He makes clear that the regulation on portability is a constructive proposal of the European Commission, and that we should focus on this proposal at this time rather than cross-border access. There are, however, some things that need to be adapted in this proposal, such as ‘member state of residence’, ‘temporarily’ and the matter of authentication. The moderator concludes with the observation that there are clearly a lot of differences of opinion, that the solution is probably somewhere in the middle, and that sometimes we should just agree to disagree.

Amy Selwyn (Storytegic - moderator) Emilie Anthonis (Association for Commercial Television) Cécile Despringre (Society of Audiovisual Authors) Benoît Ginisty (International Federation of Film Producers Associations) Bernt Hugenholtz (Institute for Information Law) Agustin Reyna (BEUC - the European Consumer Organisation) Felice Simonelli (Centre for European Policy Studies)

Cross-border access, says Ginisty, is a policy that has an enormous influence on financing and filmmaking, and only a small percentage

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'The media market shines bright upon me - or better towards me.' Britt Planken Student Erasmus University Rotterdam Eight graduate students from Erasmus University Rotterdam attended the conference, and each wrote a column about his or her observations. We picked one of these columns to publish in this magazine. This column was written by Britt Planken, MA student in Media and Journalism, and in her column she reflects on the future of media, which she feels should be increasingly focused on audience engagement and adapting to the reality of the new media world.

the European audiovisual industry’, because people of colour are underrepresented in the media. She wrote that ‘diversity in gender and ethnicity can lead to valuable new insights and innovative ideas’, and that this was also part of the future of the media. We thank the students for their insights and opinions, and hope to welcome them into the media sector in the coming years.

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Other students had similar observations. Hanna Kimmel, for example, wrote that she was happy to see that many of the conference attendees were very much focused on young people, but she also warned that for young adults who grow up in the digital age, the future is not ‘a present continuous, but rather a present perfect’. Jesper Pronk was surprised by the optimism about the future of audiovisual content in the media sector, and urged us to ‘Live in the future instead of adapting to the present’. This was a sentiment shared by many students, and it is a good reminder that policy usually follows reality. Finally, Aeyiondy Dorant wrote an interesting and more overtly political column about diversity in the media. She pointed out that ‘despite Europe being such a diverse continent, this diversity is very ill reflected in the group of people who lead

Promoting Cross-Border Circulation of European Audiovisual Content


decide for themselves what to consume at what moment, which is not just a trend; it is a new way of life. Companies that hold too tightly to traditional storytelling will eventually either focus on a niche or fail, but those who creatively adapt to the needs and possibilities that define this era may choose from a range of options that can literally help them connect to their audiences.

Column written by Britt Planken As a Media and Journalism master student the plot of my life story is not yet clear. I’m working towards the last episode of my student years with a mind full of plans, dreams and ambitions. The media market shines brightly upon me – or better – towards me, since it mainly reaches me from the illumination of my laptop screen. New grads like myself are used to the online environment and are aware of many pros and cons, but innumerable hidden secrets and possibilities are waiting to be discovered. Attending the EU conference was an honour and an intensely exciting way of exploring the future of audiovisual media content in Europe and across the globe. The main thing I learned from the conference is that there seems no better way for any media company than to anticipate the role the Internet plays in audiences’ lives. People

Another important aspect that stood out during the sessions I attended was quality. Delivering quality has always been a key to success, but it now seems more important than ever since good alternatives are often just a mouse click away. That might be frightening or cause pressure, but it also means that your concept might be tomorrow’s success story on the other side of the world. Marshall McLuhan’s famous quote ‘The medium is the message’ can still be considered accurate, but nowadays we know that the ultimate media company spreads its content per definition (partly) online and audiences have taken control over the way they consume it. This matches the most important lesson I learned at the conference: Let’s embrace the future and focus on the message, because good content always defines itself.

EU2016 - 71 Column winner


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'I am convinced this spirit will keep guiding our future work.' Closing remarks by Marjan Hammersma

Watch the video of Marjan Hammersma

Director-General Culture and Media In her closing statement Marjan Hammersma (Director-General Culture and Media in the Dutch Ministry of Education, Culture and Science) stresses three major points she takes away from the conference: • • •

Optimism about the overall condition of the audiovisual sector The key to cross-border success is to develop stories with local roots that turn out to have universal appeal Business models need to be reinvented

The two panels on Friday especially served up food for thought regarding legislation, and in particular the EU rules for audiovisual media services and the copyright framework. In both areas the European Commission will issue proposals later this year. And although those proposals will almost certainly be discussed extensively, she is sure that everybody is looking at them in the same spirit. ‘Culture and media are forces that not only express [what we are thinking] but determine the vitality of our societies’, states Marjan Hammersma. ‘This is why EU policy has always recognised the dual nature of the creative sectors, underlining not just their economic value but their cultural value as well. I am convinced’, she concludes ‘this spirit will keep guiding our future work’.

'Culture and media are the forces that not only express what we are thinking, but determine the vitality of our societies.'

EU2016 - 73 Closing remarks by Marjan Hammersma


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Speakers and moderators Abbamonte, Giuseppe (European Commission, DG CONNECT); Anthonis, Emilie (Association for Commercial Television); Bierman, Ruurd (Media Futures); Boelhouwer, Iris (Endemol Shine Group); Boonekamp, Doreen (The Netherlands Film Fund); Brachet, Alexandre (Upian); Caluwaerts, Ann (Telenet); Cock Buning, Madeleine de (The Dutch Media Authority); Dannawi, Mezen (Dutch Public Broadcasting); Deltenre, Ingrid (European Broadcasting Union); Despringre, Cécile (Society of Audiovisual Authors); Dinges, Peter (Filmförderungsanstalt); Dusseldorp, Monique van (TEDxAmsterdam); Eijk, Nico van (Institute for Information Law); Feliciantonio, Lisa di (Fastweb); Fontaine, Gilles (European Audiovisual Observatory); Galavan, Barbara (Screen Producers Ireland); Ginisty, Benoît (International Federation of Film Producers Associations); Gubbins, Michael (Sampomedia); Hagoort, Henk (Dutch Public Broadcasting); Hammersma, Marjan (Dutch Ministry of Education, Culture and Science); Hastings, Reed (Netflix); Hoorn, Micha Hoorn (NPO 3FM / The Perfect Wave); Hugenholtz, Bernt (Institute for Information Law); Joly, Emmanuel (European Commission, DG EAC); Kammerevert, Petra (Member of European Parliament); Kennis, Meindert (Spinnin’ Records); Kersevan-Smokvina, Tanja (AKOS - Slovenian regulatory authority); Lecerf, Pierre-Emmanuel (National Centre of Cinematography and the Moving Image of France); Lergner, Liesbeth (Dutch Public Broadcasting); Koppen, Cees van (Netflix); Missika, Margaux (Upian); Morisson, Simon (Google); Mulder, Maarten (Dutch Ministry of Education, Culture and Science); Muselaers, Marike (Lumière); Nieuwenhuizen, Dimitri (LUSTlab); Olla, Roberto (Eurimages) Petit, Leontine (Lemming Film); Polad, Grégoire (Association for Commercial Television); Puszczynska, Ewa (Opus Film); Recalde, Lucia (European Commission, DG EAC); Reyna, Agustin (BEUC - the European Consumer

Organisation) ; Riemens, Jan (Zoomin’ TV); Rosenthal, Liz (Power to the Pixel) Schayk, Margot van (Endemol Shine Group); Schmidt, Erwin (Cinemathon); Selwyn, Amy (Storytegic) Simonelli, Felice (Centre for European Policy Studies); Tangen, Anders (Viafilm); Turner Laing, Sophie (Endemol Shine Group); Vlaanderen, Remco (Submarine Channel); Vries, Joost de (Lemming Film); Watson, Neil (British Film Institute); Wolf, Yaniv (Submarine Channel); Wood, Doug (Endemol Shine Group) The programme was made in coordination with the following partners Association for Commercial Television; Dutch Culture/Media Desk; Dutch Media Fund; the Dutch Media Authority; European Broadcasters Union; the European Commission; European Audiovisual Observatory; Free University Brussels; Institute for Information Law; The Netherlands Film Fund.

Promoting Cross-Border Circulation of European Audiovisual Content


Colofon Organisation Dutch Presidency Conference Anita NĂŠmeth (project lead); Maarten Mulder; Merijn van Os; Amanda van Rij; Hieke van der Voort; Inge Welbergen and Helga Zeinstra. With support from Bibian Bezuijen; Hermineke van Bockxmeer; Tjeerd de Boer; Barend Bos; Max Bueno de Mesquito; Justien Dingelstad; Marleen Elshof; Linda van de Fliert; Henk Heikamp; Claudia van Houte; Andra Leurdijk; Robert Oosterhuis; Nol Reijnders; StĂŠphanie Scheerens; Paul van Veen; Roel van de Ven; Bram Voermans and Jesse Zuurmond. Special thanks to Syb Groeneveld; Andrea Posthuma; Marit Vochteloo and Lars Vos. Daily moderator Amy Selwyn (Storytegic) Authors: Michelle van Loon - Magazine Design Diederik Vrijhoef - Editor Charlotte Porskamp - Illustration Michael Kluver - Illustration Hannah Vischer - Illustration Jet van Gaal - Photography Ministry of Education, Culture and Science - Text Visual report: Visuele Notulen www.visuelenotulen.nl

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With a team of creative professionals Visuele Notulen has cared for the visual report of this event. As an organization we aim to get a longer hold of the message and engage people more closely in the content of the day.


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