Recent Filings & Updates

June 2019


IFTA Provided Written Comments to Senate Finace Committee Recovery Task Force

The Independent Film & Television Alliance provided a written submission to the U.S. Sentate Finance Committee Cost Recovery Task Force regarding IRC Section 168(k) and its impact on the independent film and television industry and the U.S. economy. IFTA pointed out how Section 168(k) does not go far enough to benefit independent companies and productions and that the best solution would be to extend the previous incentives of Section 181 to be made permanent. 


April 2019

IFTA, Creative Future, and Copyright Alliance Advise FTC on Consumer Privacy 

On April 7, The Independent Film & Television Alliance joined Creative Future and the Copyright Alliance in representing producers, filmmakers, and content creators, to urge the Federal Trade Commission to consider their approach to consumer privacy and against adopting regulations similar to the Europen Union's GDPR. 


February 2019

EU Producers, Broadcasters, and Distributors/Publishers of Film and Audiovisual Content Regret Harmful Deal on EU Copyright Directive

On February 19, The Independent Film & Television Alliance joined other signatories representing European producers, broadcasters, and distributors and publishers of film and audiovisual content, to urge legislators in the European Union to re-evaluate the Copyright in the DSM Directive. In the letter is detailed the burdens and disincentives of the proposed provisions on creators and distributors of European films and audiovisual works. 


IFTA Joins Letter Calling EU Legislators to Reconsider Proposed Copyright in the DSM Directive

On February 7, The Independent Film & Television Alliance joined other signatories representing European producers, broadcasters, and distributors and publishers of film and audiovisual content, to urge legislators in the European Union to re-evaluate the Copyright in the DSM Directive. In the letter is detailed the burdens and disincentives of the proposed provisions on creators and distributors of European films and audiovisual works. 


December 2018 

IFTA Comments to FTC on Competition Policy and Copyright Law

IFTA continued its participation in the Federal Trade Commission’s first wide-scale exploration of copyright issues by responding to the Commission’s request for input following the fourth session of its Hearings on Competition and Consumer Protection in the 21st Century.  These comments expand on those previously submitted by IFTA in advance of the October 2018 session on Competition Policy and Copyright Law where IFTA participated on behalf of the independent film and television industry.


IFTA Joins Joint Statement From Audiovisual and Sport Sectors 

The Independent Film & Television Alliance was part of a joint statement with the Audiovisual and Sport Sectors issued on December 18, that asserted concerns regarding the agreement made by the European Institutions on the Online Broadcasting Directive specifically in regards to the Country of Origin principle. In the letter, Jean Prewitt wrote, "Our community strives to produce diverse creative works for European consumers to enjoy on a wide variety of platforms. The new Directive - in contrast to the original proposals - recognizes that these exclusive rights must be preserved, with only defined, limited exceptions for broadcaster' ancillary online services."


IFTA Joins Audiovisual Sector Letter to European Commission 

On December 7, the Independent Film & Television Alliance joined a letter to the European Commission stating, "As representatives of the audio-visual sector active across the European Markets, we reiterate that we are extremely and increasingly concerned about the ongoing trilogue discussions on Article 12 (the so-called Value Gap provision) of the proposed directive on Copyright and Digital Single Market." 


November 2018 

IFTA Files Response to IPEC's Request for Input 

The Independent Film & Television Alliance responded on November 13 to the Intellectual Property Enforcement Coordinator's request for input regarding the 'Development of the Joint Strategic Plan on Intellectual Property Enforcement.' In its comments, IFTA supported the efforts of IPEC to oversee and shape intellectual property enforcement and cooperation in the United States. The letter went on to detail the various ways in which the IPEC has an essential role to ensure "all copyright owners have the tools (voluntary or legally mandated) and a framework of laws and enforcement necessary to protect their investment and exclusive rights." 


September 2018 

IFTA Joins Letter Regarding European Council's Proposed Outline Broadcasting Regulation 

September 4, the Independent Film & Television Alliance joined a coalition letter in response to the European Council's proposed outline regarding Broadcast Regulation. In the letter, the coalition expressed concerns regarding the Council's discussions specifically to preserve territorial exclusivity and exclusive rights specifically for the European audiovisual sector. The letter stated, "Our objective is to ensure that the mechanisms for creating, funding, and producing, marketing and distributing creative and culturally diverse audiovisual content in Europe continues to thrive." 



August 2018 

IFTA Files Response in Advance of FTC's Hearings on Competition and Consumer Protection in the 21st Century

On August 20, the Independent Film & Television Alliance responded to the U.S. Federal Trade Commission’s request for written comments in advance of a series of hearings on Competition and Consumer Protection in the 21st Century, where the Commission will consider whether broad-based changes in the economy, evolving business practices, new technologies, and international developments warrant adjustments to competition and consumer protection law, enforcement priorities, and policy.  The hearings will begin in September and are modeled after a similar FTC process in 1995 conducted under then Chairman, Robert Pitosfsky.

In its filing, IFTA expressed support for measures that promote competition, ensure consumer protection, and foster diversity in programming and choice for consumers.  IFTA also called upon the Commission to exercise its broad investigatory authority to examine how the dominant internet platforms engage in practices that harm competition in the creation and distribution of copyrighted works, and, in doing so, harm consumers. 


July 2018

IFTA Files Comments with NTIA Urging Internet Policies that Reflect Independents’ Needs.

On July 17, IFTA responded to the Notice of request from the National Telecommunications and Information Administration (NTIA) as it looks to formulate its International Internet Policy Priorities with a focus on growth and innovation for the internet and internet enabled economy.  

In its response, IFTA stated that ‘copyright is our industry’s backbone and lifeblood as it enables our industry to secure financing, distribution, and protect our films and television programs…’  Focusing its feedback on the Independent business model, IFTA emphasized that ‘any internet policy should promote and support strong copyright protections and enforcement as the foundation for innovation and expression under intellectual property law.’

Joint letter to the Director of the Australian Copyright Law Section Department of Communications and the Arts regarding Copyright Modernisation Consultation in Australia 

July 4, IFTA joined the MPAA in writing a letter to support the Australian Film & TV Bodies in urging the Australian Government to, "be mindful of its international obligations as it considers new exceptions to the copyright act so as to ensure that any reforms are based on a careful assessment of the issue to be remedied. We ask that any amendment be clearly assessed for its ability to address real and articulated deficiencies in the law and to avoid any negative or unintended consequences." 


June 2018

IFTA joined CreativeFuture along with more than 90 prominent members of the creative community to submit a letter to the U.S. House of Representatives and U.S. Senate Committees to demand platform responsibility for Big Tech companies 

On 14 June, the Independent Film & Television Alliance along with CreativeFuture, submitted a letter to the U.S. House of Representatives and U.S. Senate Judiciary Committees, the House Energy and Commerce Committee, and the Senate Committee on Commerce, Science and Transportation asking policy makers to consider and take action to address, "the failure of Facebook, Google, and others to take responsibility [which] is rooted in decades-old government policies, including legal immunities and safe harbors, that treat these companies differently than other industries and actually absolve internet platforms of responsibility." 


April 2018

IFTA joined Creative Future, DGA, MPAA, and SAG/AFTRA as the united voice of the U.S. film and television industry, in a letter to Chairman Himes asking that the New Democrat Coalition urge Ambassador Lighthizer to prioritize the protection and enforcement of copyright in NAFTA modernization

The 25 April letter stated "copyright protections appropriate for today’s digital age are needed to help ensure fair compensation and a return on investment in production for the Americans who invest, imagine, develop, design, and give life to creative works that are responsible for over $1 trillion in annual economic activity and regularly generate a positive trade balance for the United States."

IFTA Responds to U.S. International Trade Commission investigation on global digital trade, specifically the Business-to-Business Market, Key Foreign Trade Restrictions, and U.S. Competitiveness 

On 6 April, the Independent Film & Television Alliance submitted written comments to the U.S. International Trade Commission that explained how territorial licensing is the foundation for independent production financing. IFTA further explained that the Digital Single Market initiative is a trade barrier that damages the independent industry.


January 2018

On January 31, IFTA submitted comments citing that any disruption to the ecology of the European Union’s complex market would have a significant impact on IFTA members, and all UK producers, sales agents and exporters and their distributors.  

December 2017

Open letter to Members of the European Parliament on behalf of Europe’s creative sectors in support of the JURI mandate on the Broadcasting (SatCab) Regulation

IFTA, FIAPF, the MPA and a broad coalition of institutions and trade bodies in Europe supported the decision of the Parliament to adopt the JURI decision.  

February 2017

IFTA Comments: Urges U.S. Copyright Office to Push for Notice, Takedown and Stay-Down Framework

IFTA submitted further comments to the U.S. Copyright Office in response to their Request for Additional Comments on the impact and effectiveness of the safe harbor provisions set forth in section 512 of the Digital Millennium Copyright Act (DMCA).  IFTA reiterated its call for a rebalanced approach to the section 512 safe harbors through updated legislation with a “notice, takedown and stay-down” framework to incentivize all stakeholders in the digital ecosystem to take effective and rapid action to mitigate online piracy, especially infringement resulting from pre-release theft.

January 2017

IFTA Provides Comments to House Judiciary Committee for “Reform of the U.S. Copyright Office” White Paper

IFTA responds to the framework posed by the House Judiciary Committee where the experience of IFTA Members may be of greatest assistance in evaluating the suggested reforms to ensure the Copyright Office keeps pace in the digital age.

December 2016

This document presents an analysis by the Independent Film & Television Alliance [IFTA] 1 of the Impact Assessment (IA)2 document released by the European Commission on September 14, 2016 regarding the proposed Regulation on extending the Country of Origin principle to the online transmissions of some broadcast services [COM(2016) 594 final]. IFTA focuses its analysis on how the IA concludes that the Commission’s ‘preferred option’ (option 2) is justified against the baseline option (status quo) and the nature of the evidence (or lack thereof) provided by the Commission to that effect.

November 2016

IFTA Files Comments with UK Intellectual Property Office for Repeal of Section 73 of the Copyright, Designs and Patents Act 1988

A repeal of Section 73 should foster and immediately facilitate producers’ ability to receive compensation for each use on all platforms by all users of copyright. As for performers, the relevant exclusive rights of performers will have been cleared by the producers. In most cases, the remuneration for the retransmission of performances will be satisfied by means of individual contract and/or collective bargaining agreement.

April 2016

On April 1, IFTA submitted written comments to the U.S. Copyright Office in response to the Notice of Inquiry published in the Federal Register requesting written submissions on the impact and effectiveness of the safe harbor provisions set forth in section 512 of the Digital Millennium Copyright Act (DMCA).2 IFTA welcomes this opportunity to provide input as the Copyright Office evaluates the extent to which section 512 effectively addresses online infringement. Electronically submitted via

February 2016

On February 12, IFTA submitted written comments to the U.K. Government’s Intellectual Property Office (IPO) in response to its Call for Views on the European Commission’s proposed legislation that would mandate providers of online content services in each Member State – both pay and free – to enable subscribers who are “temporarily present” in another Member State to access and use the service, provided that the online service is able to authenticate the subscriber’s Member State residence. 

In its filing, IFTA urged the IPO to carry forward appropriate safeguards to the Commission that, if incorporated into the proposed legislation, will ensure a fair balance between portability of online content services and the freedom to license content on a territorial exclusive basis.   Specifically, IFTA has called for the effective and robust authentication of subscribers as an absolute obligation on the affected online content services, a narrowing of the concept of“temporarily present” to a transitory nature and for a limited period of time, and a workable transition period with specific language to preserve the initial authentication obligations of online service platforms.

IFTA continues to work with our European colleagues to engage Commission staff and Member States in an effort to amend the proposed text to ensure these safeguards are in place to avoid indiscriminate cross-border access to online content services that would disrupt the territorial exclusivity that forms the economic base of film and television production.

September 2015

On September 23, IFTA submitted written comments to the Trade Policy Staff Committee of the Office of the United States Trade Representative (USTR) concerning China’s noncompliance with its WTO Commitments. A public hearing on the matter was held today in Washington, DC.  At present, China’s failure to fully implement the provisions of the 2012 U.S. – China Film Agreement that promote broader reform and more competition in the market, as well as the country’s introduction of new regulatory barriers for online distribution, have hampered licensing and export activity of independent films and television programming.  Independents still do not have the distribution opportunities commensurate with a booming Chinese exhibition marketplace and have been blocked out of theatrical distribution on a revenue share basis since slots are given primarily to large major Hollywood studio blockbuster films. 

IFTA, in both its own filing, and in notes incorporated into the International Intellectual Property Alliance’s (IIPA) filing and key testimony points, urges the U.S. Government to act at the highest levels to ensure - as a matter of priority - that China fulfills its commitments under the Agreement.  IFTA also urges the U.S. Government to push China to eliminate market access and regulatory barriers affecting access to online and television distribution.

August 2015

On August 14, IFTA submitted written comments to the U.K. Government’s Intellectual Property Office (IPO) in response to its Consultation on Changes to the Penalties for Online Copyright Infringement under the country’s Copyright, Designs and Patents Act 1988 (CDPA). Specifically, the consultation sought views on harmonizing the maximum custodial sentence for online and physical copyright infringement at 10 years. At present, ‘physical’ copyright offences under the CDPA carry a 10-year maximum custodial sentence, whereas the provisions governing online infringement only provide for a maximum two-year sentence. IFTA supports harmonizing the maximum custodial sentences at 10 years and in its filing emphasized that the current discrepancy in criminal penalties fails to reflect the massive damage that may be inflicted on rights holders as a result of infringements that occur online and the current two-year sentence for online offenses falls short of establishing an effective deterrent for such criminal activity.

June 2015

The IIPA, of which IFTA is an active member, commends President Obama for his signing into law TPA legislation today, and congratulates the President, Senators Hatch and Wyden, and Congressman Ryan, as well as other Congressional supporters, for this bipartisan effort. By facilitating completion of trade agreements such as the Trans-Pacific Partnership, this law will help create new opportunities to invest in innovative works for consumers, expand foreign markets, preserve and promote good jobs here in America, and establish a more level playing field around the world for U.S. music, movies, videogames, books, and journals.

August 2014

Stating that the acquisition would threaten serious harm to independent producers in an already highly-consolidated video marketplace.  A combined Comcast-TWC would be the single largest MVPD and broadband provider in the nation, giving Comcast extraordinary leverage and control over the sources and selection of video programming (and the terms and conditions on which that programming is acquired) and the ability to limit the public’s access to diverse and independent programming.  IFTA reiterates the current lack of strong Net Neutrality/Open Access regulations that would ensure broadband providers, such as Comcast, do not block or discriminate against competing applications, services and content on its broadband networks.  In order to protect the public interest in diverse programming and to prevent further media consolidation, IFTA urges the Commission to deny Comcast’s Applications.

July 2014

As part of IFTA's Net Neutrality filing and comments Jean Prewitt, President and CEO stated,"IFTA's message is the same as in the Commission's 2010 proceeding on this issue: The FCC must pursue the most effective regulatory path to ensure that broadband providers' control over the Internet cannot be translated into market barriers preventing independent content producers and service and application providers from reaching the American public. Only with those protections in place can we be confident that the Internet will remain open."

IFTA's written statement from the organization's participation in the 28th session of the Standing Committee on Copyright and Related Rights of the World Intellectual Property Organization (WIPO) in Geneva as an accredited Non-Governmental Organization of WIPO (June 30 - July 4, 2014).

February 2014

IFTA issues formal comments in response to the European Commission’s Public Consultation on the Review of the EU Copyright Rules, as part of its effort to “ensure that the EU copyright regulatory framework stays fit for purpose in the digital environment.”

The 2014 IIPA Special 301 Report on whether acts, policies or practices of any foreign country deny adequate and effective protection of intellectual property rights for U.S. persons.

November 2013

IFTA’s Comments were aimed at ensuring that U.S. laws are effective for independent rights holders in today’s digital environment.

IFTA was part of the joint stakeholder group reviewing future market developments regarding cross-border portability of lawfully acquired audiovisual content in the European Union.