Grants for the Production of Other Audiovisual Works in Andalusia: Film Grants in Andalusia

Grants for the Production of Other Audiovisual Works in Andalusia

In the Order of May 11, 2022, issued by the Ministry of Culture and Historical Heritage of the Regional Government, the Regulatory Bases for the granting of subsidies under a competitive procedure relating to audiovisual production projects for feature films (fiction or animation), television movies, documentary production, and other audiovisual works in the Andalusian Community were established. Therefore, these are the regulatory bases for the film grants in Andalusia.

Film Grants in Andalusia

Purpose and Object of the Subsidies in Andalusia

The Bases that regulate the granting of film grants, production of feature films, documentaries, and other audiovisual works in Andalusia establish three lines for the granting of subsidies:

1. Line 1: Production of Feature Film Projects, whether fiction or animation, as well as television movies, directed by new directors who are starting in this sector, with the aim of promoting creative talent.
2. Line 2: Production of Cinematic Feature Film Projects, both fiction and animation, and television movies.
3. Line 3: Production of Documentary Projects.

Each project can only be submitted to one of the mentioned lines.

Projects for feature films, documentaries, and other audiovisual works that have started principal photography on the date of application or that have prior commitments and whose principal photography is financially irreversible, are not eligible for subsidies. Principal photography refers to the set of actions specified in the shooting schedule.

Furthermore, the following works are not eligible for film grants, documentaries, and other audiovisual works in Andalusia:

• Works exclusively produced by individuals or legal entities that have control or editorial direction of television programs or audiovisual communication service companies, whether public or private;
• Works primarily consisting of advertising or political propaganda;
• Works with an X rating;
• Works that violate intellectual property rights transfer regulations;
• Works that constitute a crime declared by a final judgment;
• Works that promote sexist values or violate regulations on gender equality;
• Works exclusively financed by public administrations;
• And, in general, works excluded by other legal provisions.

How is the cultural nature of a Project evidenced to obtain a Subsidy in Andalusia?

The granting of film grants in Andalusia, for documentaries, and other audiovisual works is conditional upon the Projects being classified as having a cultural nature. This classification is obtained if one of the following requirements is met:

• Considered as an artistic and creative expression.
• Contribution to the cultural heritage and diversity of Andalusia.
• Contribution to the promotion of Andalusian identity.
• Capability to stimulate social and economic development in Andalusia.
• Potential as a socializing agent and promoter of cultural values.
• Support for the identity, culture, and history of the Andalusian territory.

In the event that the audiovisual work does not obtain the cultural nature accreditation, the requested subsidy will be denied, which will be expressly stated in the denial resolution.

Definitions for a better understanding of the expressions used

The following terms used in this text are defined:

1. Audiovisual project: Production that is in the pre-production stage prior to principal photography.
2. Audiovisual work: Creative work that contains moving images, incorporates sound or is soundless, has a unitary, stable, or permanent character, and is incorporated into data media or archives capable of being repeatedly reproduced by any device and primarily intended for commercial exploitation.
3. Cinematic work: Audiovisual work, including documentaries and animated works, created and produced in non-serial format, intended for commercial exploitation in movie theaters.
4. Feature film: Cinematic film with a duration of sixty minutes or more, including those with a duration of more than forty-five minutes on seventy-millimeter format with a minimum of eight perforations per image.
5. Television movies: Fictional audiovisual work similar in creativity to cinematic films with a duration of more than sixty minutes, intended for broadcasting and television and not primarily produced for theatrical exhibition.
6. Production company: Individuals or legal entities with the initiative and responsibility to provide and manage the necessary technical and human resources to produce and carry out the recording, on any type of medium, of the cinematic or audiovisual work.
7. Independent producer: Individuals or legal entities without dominant influence from a media company, audiovisual service, or private television channel, nor subject to dominant influence due to ownership, financing, or being conditioned by other management or administrative bodies. Dominant influence includes various conditions, such as belonging to a television channel, ownership or ownership of twenty percent of voting rights or share capital of the production company, among others.
8. Documentary: Audiovisual work with a real subject matter that is an original work of analysis or research, with a minimum duration of fifty-two minutes and intended for exhibition in commercial theaters or on television.
9. Premiere: First exhibition in movie theaters after the qualification date, generating box office revenues. For television movies, it refers to the first broadcast by a television operator or platform.

What requirements must producers meet to apply for a grant in Andalusia?

Applicants for a film grant in Andalusia for feature films, documentaries, and other audiovisual works can obtain a subsidy according to each production line they choose:

• In line 1, independent legal entities from a member state of the European Union or the European Economic Area, with projects directed by novice directors in the industry.
• In line 2, independent legal entities from a member state of the European Union or the European Economic Area.
• In line 3, individuals or independent legal entities from a member state of the European Union or the European Economic Area.

To be eligible for a film grant in Andalusia for documentaries and other audiovisual works, applicants must be registered for economic activity in audiovisual production and in the Administrative Register of Cinematographic and Audiovisual Companies in Spain, or in a similar organization specific to each autonomous community, and meet the criteria of being an independent production company established in a member state of the European Union or the European Economic Area.

Economic Interest Groupings whose registered purpose in the Commercial Registry is the production of audiovisual works, and who are registered with the Institute of Cinematography and Audiovisual Arts (ICAA) or a similar organization specific to each autonomous community, and meet the criteria of being an independent production company established in a member state of the European Union or the European Economic Area, can also apply for a film grant in Andalusia for documentaries and other audiovisual works.

In the case of audiovisual co-productions, the company applying for the grant must be an independent producer and have a minimum participation of twenty percent in the production and ownership of rights and materials.

The applicants must be the owners of the property rights of the audiovisual works produced, as required for the commercialization and exploitation of said works, except as provided in intellectual property legislation regarding the transfer and exercise of these rights.

These requirements must be met when applying for the grant and until the activity that has been the subject of the grant is completed and justified.

The following entities are not eligible for the grant:

• Those who have been definitively convicted of offenses such as prevarication, bribery, misappropriation of public funds, fraud, influence peddling, and urban planning crimes, which would prevent them from obtaining subsidies.
• Individuals or companies who have applied for voluntary bankruptcy, have been declared insolvent or bankrupt, are subject to judicial intervention or disqualification according to the Bankruptcy Law, and the disqualification period is still in effect according to the qualification judgment.
• Those declared guilty by a final resolution of any contract signed with the Administration.
• Those subject to the situations contemplated in Law 53/1984, of December 26, on Incompatibilities of Senior Officials of the Andalusian Government.
• Those who are not up to date with their tax or Social Security obligations according to current regulations.
• Those with their tax residence in a territory declared a tax haven.
• Those not up to date with repayment obligations for subsidies, excluding deferred or suspended repayments.
• Those sanctioned by a final resolution that prevents them from obtaining subsidies.
• Those with outstanding debts to the Andalusian Community in the enforcement stage.
• Those convicted of tolerating or encouraging discriminatory labor practices according to current regulations for a period of five years from the date of conviction by a final judgment.
• Entities subject to pending recovery according to a prior declaration by the Commission for illegal and incompatible aid with the internal market.
• Companies in crisis according to European Union legislation.
• Individuals or legal entities sanctioned or convicted by a final administrative resolution for encouraging, tolerating, or engaging in practices against the Democratic Memory of Andalusia.
• Companies sanctioned or convicted by a final judicial sentence or administrative resolution for non-compliance with a collective agreement or for conduct against the rights and legitimate interests of consumers and users within two years.
• Individuals or legal entities with a final administrative resolution or judicial sentence sanctioned or convicted for non-payment of obligations contracted with technical, artistic, or creative personnel, as well as with technical companies that have participated in previous audiovisual projects produced by the applicant.

The prohibition on obtaining subsidies will also apply to entities that are presumed to derive from or continue the activities of other entities subject to disqualification.

What is the amount of the grants in Andalusia?

The film grants in Andalusia for feature films, documentaries, and other audiovisual works are awarded for a fixed amount, not as a percentage of the total cost, and the beneficiary is responsible for financing the difference between the grant amount and the total project cost. The granted amount will coincide with the requested amount as long as it does not exceed the total available funds in each call for applications.

The maximum amount for each line is as follows:

1. For line 1: 250,000 euros per feature film or television film, as long as it does not exceed forty percent of the budget.
2. For line 2: 300,000 euros per feature film or television film, as long as it does not exceed thirty-five percent of the budget.
3. For line 3: 80,000 euros per documentary, as long as it does not exceed forty percent of the budget.

In case the credit limit for each call is exceeded, provisional beneficiaries who have obtained the minimum required score will be granted a proportional amount based on their total points in each line, in order of precedence according to the scores obtained, until the funds are exhausted. The remaining provisional beneficiaries will be considered alternate beneficiaries and will receive the corresponding supplement if they eventually become definitive beneficiaries.

If there is an additional credit available, it will be used to complete the amount granted to the last beneficiary who did not receive the corresponding amount based on their score, and the remainder will be allocated to alternate beneficiaries according to their points and order of precedence. If there is still credit remaining after paying the corresponding amounts to definitive and alternate beneficiaries, it will be used to supplement the grants already awarded to beneficiaries, again based on scores and order of precedence until the entire credit is exhausted.

Which expenses are eligible for subsidies in Andalusia?

Eligible expenses are those that are clearly and unquestionably related to the nature of the subsidized activity and are strictly necessary for its execution. In the case of audiovisual works, the eligible expenses are as follows:

• Pre-production expenses, related to location scouting, script development, casting, fundraising, production of a demo or teaser, and co-production search expenses. These expenses will be accounted for nine months before the start of filming and as long as they fall within the execution period, excluding script expenses.

Pre-production expenses that have already received a subsidy for the same project are excluded.

• Production expenses, including studio, set design, filming, and sound expenses. If they are not included in the shooting schedule, they will be eligible if they are promptly notified before their execution, and always before the project's execution period ends.

In the case of animation works, the start of filming is considered the date when the movement of the drawings is incorporated, and the end of filming is when the shooting is completed and before the mixing and editing.

• Post-production expenses and expenses related to the premiere of the work, invoiced before the end of the execution period. These expenses include editing, visual effects, music, creation and production of synthetic images, post-production of negatives, sound post-production, and expenses related to the credits. They also include laboratory expenses (adaptation expenses), translation, dubbing, and subtitling if applicable, as well as expenses for the necessary material supports to preserve the work, including the master copy.

Advertising and promotion expenses, print copies or other media if used for the premiere of the work, can also be included, up to thirty percent of the expenses related to this section.

• Travel, accommodation, food, and transportation expenses for the technical and artistic team during the actual production period. The eligible travel and transportation expenses are specified in the Bases.

• Insurance expenses.

• Expenses related to the payment of salaries, including social security expenses for the personnel directly involved in the subsidized project, provided that their attribution is proportional to the time spent on the project. In the case of personnel hired for functions unrelated to the specific production activity of the project, their costs will be attributed to general production expenses.

Expenses related to the director, scriptwriter, and physical producer of the subsidized project are also considered eligible, with a maximum limit of ten percent of the maximum subsidy amount for documentary production and a maximum of five percent of the maximum subsidy amount per line for feature film production.

Other eligible expenses with specific limits are established in section 3, article 7 of the regulatory bases, including credit interest, general expenses, auditing expenses, and executive producer expenses.

Invoices for eligible expenses must clearly indicate the title of the audiovisual work.

All eligible expenses must be incurred within the execution period of the audiovisual work, with the exception of auditing expenses.

An expense is considered incurred when it has been paid prior to the end of the justification period, and the cost of eligible expenses cannot exceed their market value.

The following expenses are not considered eligible: interest charges on bank accounts, fines, administrative and criminal penalties, legal expenses, luxury expenses, gratuities, and provisions for expenses. Also, invoices between co-producing companies are not eligible, except for invoices from foreign co-producers unrelated to the beneficiary company. The monetary contribution from a beneficiary co-producer to a foreign co-producer must be evidenced by a bank receipt or a legal payment system in favor of the foreign company, with documented confirmation of receipt and certification of expense concepts, invoices, and proof of international commercial validity. Expenses related to this contribution cannot be attributed to payments made to personnel with the nationality of the foreign co-producer's country.

Taxes are eligible if paid by the beneficiary person or entity. However, indirect taxes that can be recovered or offset are not considered eligible expenses.

What services can "CAMALEON CINEMA SERVICES" offer to producers applying for a grant in Andalusia?

At "CAMALEON CINEMA SERVICES", we offer services to individuals, entities, or companies producing audiovisual works who wish to apply for a film grant in Andalusia. We assist with the required documentation, submission of the application, monitoring the grant process, and filing appeals if necessary. We have specialized personnel knowledgeable in the legal regulations governing grants and subsidies in each territory, as well as the potential tax deductions available under national and regional legislation in each autonomous community.

Furthermore, "CAMALEON CINEMA SERVICES" can provide the necessary equipment for the production of the project to companies seeking a film grant in Andalusia for documentaries and other audiovisual works. Whether it's camera equipment camera equipment, lighting equipment, or various accessories required for the project, we have proven experience in production and a highly professional and competent team capable of handling all aspects of audiovisual production.