Independent Film & Television Alliance
IFTA
IFTA is a non-profit trade association representing the worldwide independent film and television industry.
ID: 597251152580-12
Lobbying Activity
Response to Evaluation of the Geo-blocking Regulation
11 Mar 2025
The Independent Film & Television Alliance [IFTA] is a non-profit trade association representing the legal and economic interests of film and TV companies from 22 countries. Based in Los Angeles, with a diverse membership of independent producers, distributors, sales agents and financiers, IFTA is the only global organisation giving voice to independent film and TV sectors worldwide, representing them across all issues that affect the independent business. IFTA has strong ties with Europe. Its current European membership includes international sales and production companies from Denmark, France, Germany, Hungary, Italy, Spain, the UK and Ukraine. Collectively, IFTAs European members have made a vibrant contribution to the success of European independent films and TV series. A very large proportion of all scripted film and TV in Europe relies on the ability of producers to pre-sell exclusive distribution and other rights to their projects on a country-by-country basis and to leverage those contracts to finance production. All of IFTAs members in the EU and throughout the world are dependent on this vital mechanism for their business and creative endeavours. The importance of territorial exclusivity for the European film and audiovisual sector is well documented: up to 60% of financing is raised using territorial exclusivity, through co-productions between different countries and territorial pre-sales. This win-win strategy supports the sharing of financial risks in productions and favours greater multi-territory circulation/distribution that in turn ensures local marketing and tailoring to the diverse tastes and interests of European audiences. These virtuous effects have been recognised by EU Member States in consecutive Council conclusions. In the digital age geoblocking is essential in protecting those territorial rights exclusivities .At the time of its adoption, EU legislators specifically excluded AV services from the scope of the EUs Geoblocking Regulation; the reasons for this exclusion remain valid today. There are no new market factors to justify reviewing the exclusion, which does not prevent the Regulation from meeting its objectives. Copyright and territorial exclusivity, supported by geoblocking, enable investment in film and TV. They support secure funding for the development, creation and production of new originated AV content; they also enable marketing, distribution and exploitation of the finished audiovisual works across all distribution channels. A ban on the use of geoblocking to support territorial exclusivity would jeopardize the creative and economic sustainability of the EU audiovisual sector, curtailing the number of new films and audiovisual works , and diversity in genres and languages. Distribution and circulation would be drastically reduced, with negative impacts on EU consumer welfare, fewer choices and a surge in prices. The suppression of territorial exclusivity in the Audiovisual sector would have adverse consequences for media pluralism and cultural diversity, as two key tenets of European policy. With pan-EU licensing as the only possible option, a considerable competitive advantage would accrue to a small number of media services with the scale necessary to comply. It would foster market concentration in a small number of larger audiovisual content platforms, at the expense of plurality, competition, and creative diversity. Several impact-assessments have shown a ban on geo-blocking would shatter the economic value of audiovisual rights, hobble financing and distribution opportunities, discourage investments and undermine consumer welfare.The Oxera report The impact of including AV in the Geo-blocking Regulation, finds loss of territorial exclusivity would undermine the industry and consumers, with up to 9.3bn of welfare lost per annum in the short term. We urge the Commission to maintain the exclusion of AV Services from the scope of the Geo-blocking Regulation.
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