Issues

IFTA is committed to enhancing its members’ ability to finance, produce, distribute and market independent films and television programming around the world. The Alliance speaks out on matters of critical importance, including the elimination of trade barriers, the impact of new technology on our traditional business models and the need to foster broad-based growth of the industry around the world. Where appropriate, IFTA actively lobbies national and international government officials in regard to measures affecting the independent industry.

IFTA’s effectiveness is enhanced by the alliances it has forged with other industry groups and by its direct participation in international organizations that shape policies affecting our industry. IFTA belongs to the International Federation of Film Producers Associations (FIAPF), the International Intellectual Property Alliance (IIPA), and the London-based Creative Coalition Campaign. The Alliance also is an accredited Non-Governmental Organization (NGO) member of the World Intellectual Property Organization (WIPO) and is active in WIPO discussions on proposed international copyright and performing rights treaties. Other permanent and ad-hoc industry coalitions provide additional avenues by which to influence the public policy debates surrounding the independent industry.

Market Access / Trade Barriers

Fair and equal access to the marketplace is a necessity of international business. IFTA supports efforts to remove trade barriers that may hinder IFTA members' access to lucrative markets and distribution channels.

Documents

IFTA Responds to FCC re: Empowering Parents & Protecting Children

IFTA urges the FCC to adopt regulatory measures and incentives aimed at the financing, production and distribution of children’s programming from independent sources

IFTA Comments on USITC Investigation into Export Activities of Small/Medium Sized Businesses

IFTA discusses independents’ reliance on a healthy global export market, the damage caused by piracy and other international trade constraints.

IFTA, Others' Joint Filing to the European Commission on Sustaining European Film Industry in Emerging Digital Future

IFTA, FIAD (International Federation of Film Distributors Associations), FIAPF (International Federation of Film Producers Associations) and IVF (International Video Federation) submitted a joint filing focused on the copyright system, rights holders' contractual freedom and exclusive right to choose distribution terms, and a focused enforcement policy.

IFTA Responds to European Commission's Creative Content Online Policy, Filed at European Commission

In its Comments to the European Commission, IFTA addressed the proposed provisions, explaining how mandating multi-territory licensing, focusing on interoperable Digital Rights Management systems (as opposed to development of consumer-friendly technology), and requiring content stakeholders (in lieu of the EU member states) to police against piracy may be unproductive and detrimental to IFTA members' business interests.

USTR Files WTO Complaint against China re: Measures Affecting Trade Rights and Distribution Services for Certain Publications and Audiovisual Entertainment Products (WT/DS363)

IFTA works with the United States Trade Representative in the WTO case against China seeking to enforce China's compliance with its World Trade Organization obligations. In this case, United States asserts that China is providing less favorable trade treatment to foreign individuals and enterprises compared to Chinese enterprises. This has affected trading and distribution rights with respect to imported films for theatrical release and audiovisual home entertainment products.

IP Rights and Anti-Piracy

Strong intellectual property laws are fundamental to our industry's ongoing ability to produce and deliver creative works to the marketplace. IFTA lobbies actively for enactment of the necessary laws and for effective criminal and civil enforcement of those laws.

Documents

IFTA Comments in Response to Office of the Intellectual Property Enforcement Coordinator

IFTA recommends stronger IP regulations and enforcement in the U.S. and abroad.

Copyright Piracy and its Impact on the U.S. Intellectual Property Community

IFTA's ongoing advocacy included a recent hearing on anti-piracy issues before the U.S. House Committee on Foreign Affairs. IFTA commented that piracy causes lost revenues and damages the value of independent films by lowering the license fees that may be obtained by local distributors.

Special 301 Annual Report Guides USTR on International Copyright Piracy Issues

As a founding member of the International Intellectual Property Association, IFTA contributes marketplace research and analysis to the Annual Special 301 Report, a comprehensive overview of countries that have failed to provide copyright protection or have been flagged as potential offenders. The report also details each country's legislation and other measures to improve copyright enforcement within its borders.

USTR Files WTO Complaint against China re: Measures Affecting the Protection and Enforcement of Intellectual Property Rights (WT/DS362)

IFTA works with the United States Trade Representative in the WTO complaint against China for failing to protect and enforce intellectual property rights, inconsistent with its Trade-Related Aspects of Intellectual Property Rights (TRIPS) obligations. In this case, United States asserts that criminal trademark and copyright infringement thresholds are inadequate, creating willful copyright piracy on a commercial scale, and that authorities have failed to prevent unlawful intellectual property products from entering channels of commerce.

Media Concentration and Internet Access

Concentration of ownership and control of media distribution channels seriously affects IFTA Members' ability to reach the marketplace. IFTA favors regulatory intervention when necessary to ensure that there is open and fair access for independent product. IFTA supports efforts to ensure that the principles of non-discrimination and open access also are extended to the Internet ("net neutrality").

Documents

IFTA Calls for Inquiry on Media Consolidation

IFTA worries that the volume of independent programming available to the public "has dropped precipitously."

IFTA Applauds FCC’s Examination of the Future of Media<

IFTA’s comments urge the FCC to examine factors that threaten Americans’ access to diverse sources of news, information and programming.
IFTA Files Comments With the FCC to Preserve an Open Internet

IFTA’s submission argues that principles of transparency and non-discrimination are essential to ensure consumers that independent programming will be available on the Internet.

IFTA Comments on the National Broadband Plan

IFTA emphasizes the need for a national Internet infrastructure based on nondiscriminatory and transparent network management practices by ISPs in order to preserve and promote open access to diverse sources of legal content and applications on the Internet.

IFTA’s open letter to President-elect Barack Obama

IFTA letter urging any appointees for FCC chairman and commissioner to support principles of openness and diversity in the media.

IFTA Comments filed at FCC in Opposition to MPAA Petition. May 21, 2008

IFTA asks the FCC to deny the MPAA’s request for a permanent waiver on the current prohibition on the use of Selectable Output Controls (SOC) because it would reduce public access to a more diverse set of programming.

IFTA Letter in Reference to H.R. 5353, “Internet Freedom and Preservation Act of 2008.” May 6, 2008

IFTA commends the House Energy & Commerce Telecommunications & the Internet Subcommittee for holding its hearing on HR 5353, the "Internet Freedom Preservation Act of 2008", and expresses its support for the bill's goals.

IFTA Testimony at FCC Hearing on Broadband Network Management Practices. April 17, 2008

IFTA asks the Commission to set policies to ensure that diverse content and innovative services are not blocked or discouraged under the rubric of "network management".

IFTA Letter to Dan Glickman regarding Net Neutrality. Mar 14, 2008

IFTA responds to speech by MPAA President/CEO Dan Glickman announcing studios' opposition to "net neutrality" regulation (ShoWest "State of the Industry" speech, March 11, 2008).

The Impact of the ... Oligopoly on ... Independent. Oct. 23, 2006

A study by Mark Cooper, PhD. and Director of Research, Consumer Federation of America, documenting the decline of independently supplied programming to the US television and cable networks since regulatory changes adopted by the FCC in the mid-1990s. Filed as Appendix A to IFTA Comments (10/23/2006).

IFTA Comments filed at FCC on Media Consolidation & Cross Ownership Rules. Oct. 23, 2006

IFTA requests the Commission to adopt rules limiting the amount of programming that US major networks, MSOs and cable companies may obtain from entities owned or affiliated with any of such companies.

AFMA (now IFTA) Comments filed at FCC on Media Consolidation & Cross Ownership Rules. May 12, 2003

AFMA requests the Commission to consider the ongoing impact of media consolidation on independent program supply to the US media.

Production Incentives

IFTA supports national and local initiatives to foster production, including enacting financial incentives, establishing transparent permitting and filming policies, and developing the local skills base.

Documents

The Rules of Attraction A Guide to "Creating a Production-Friendly Community"; published 2006 by IFTA and Compliance Consulting. The Guide speaks to communities -- towns, counties, states, regions, countries -- that wish to attract or retain physical production in the jurisdiction. It outlines the factors that influence producers' choice of locations and provides guidance for communities on how to meet those needs.

Marketplace Conditions

IFTA monitors the global marketplace for issues affecting its members' business activities. In addition to providing research and analysis to various trade coalitions and government bodies, IFTA diligently advocates on behalf of its members on issues that affect marketplace conditions.

Documents

IFTA and MPAA Comments of DOJ Proposed Mandatory Caption and Narration Rules, filed at DOJ on Aug. 18, 2008 IFTA and MPAA submitted a joint Comment to the Department of Justice opposing proposed mandates that would require all motion pictures released theatrically in the United States to contain captioning and narrative description. IFTA determined that the proposed mandates will negatively impact the production and distribution of limited-or platform-release, smaller and medium-budget films by deterring producers and distributors from releasing such films theatrically due to increased distribution costs.

Film Finance and Security Interests

IFTA advocates on behalf of its members in connection with issues affecting film finance and security interest throughout the world.

Documents

IFTA Comments on Australian Personal Property Securities Bill 2008. Aug. 15, 2008

The Australian Attorney General's Office sought public comments on a Consultation Draft for a proposed Personal Properties Securities Bill. The Draft proposed a comprehensive restructuring of Australia's personal property securities law that would apply to intellectual property and intellectual property licenses. IFTA provided comments suggesting ways to adjust the Bill to conform to intellectual property principles.