UK Film Productions





	In July 2005 the DCMS published its proposals for a new cultural test for British Films. The aim of the test is to better identify culturally British films that might be considered eligible for the new tax relief. The test aims to offer better targeted support for culturally British films, and increased certainty for applicants. It is not the Department’s intention to dictate the content, or style, of the films producers make. The test will award points for many different elements that contribute to the overall cultural value of a film – including the use of UK cultural hubs and practitioners as well as content. The proposals for the cultural test have been the subject of a 12 week consultation period, during which time consultation meetings have been held. The Department received 39 written responses and a summary of these is attached at annex A. This summary will also be published on the DCMS website www.culture.gov.uk The consultation responses were almost unanimous in their call for clarity on the new system. In response to this we are today publishing the framework for the test of a culturally British film. This test will be supported by guidelines, which the Department intends to develop with industry input. These guidelines will explain in more detail how the test will operate. 2. Amendments to the proposed Cultural Test • • Taking into account the comments received during the consultation period the Department has decided to make the following revisions to the proposed test. Section A – Cultural Content • Reduce the weighting points for the location of the setting of the film • Reduce the overall weighting of section A • • Section B – Cultural Hubs • Remove the point allocated to a pre-production office • Increase points available for use of UK shooting (studio and/or location) • Split visual effects from special effects, and increase the points available to the former • Increase the points available to music recording • Remove the "other post production" category and add separate categories for audio post production and film laboratory • Increase the overall weighting of Section B 4 Cultural Test for British Films: Final Framework • • Section C – Cultural Practitioners • Add a category for Producer • Share points for actors between principal cast and the overall balance of the cast • Share the points for technical and craft between an expanded group of key personnel and the balance of crew • • Other • Set the pass mark at 50% of the marks available, i.e. 16/32 • Include alternative options for animation and documentaries, to be developed with experts from these sectors • • In addition: It is this Department’s intention that films will be pre-certified under the new cultural test, subject to the conclusions of a full regulatory impact assessment. 3. How the new test will be implemented. • • It is the Department’s intention to implement the new cultural test for British Films through: 1. (a) The revision of Schedule 1 to the Films Act 1985. The Act will be revised to include the new cultural test and to remove the existing expenditure and labour costs tests. The maker test and the pre-existing footage test will remain the same. 2. (b) Films which satisfy the requirements of the co-production treaties will continue to be treated as British films; but it is our intention that the new cultural test will be applied to co-productions through all the UK’s bi-lateral treaties and/or their guidelines. Points will be awarded to coproduction elements from both the UK and the co-producing state i.e. references to the UK and British in the test will include references to the co-producing state and nationals [or residents] of that state. 3. (c) The UK government has notified the proposed new tax relief, and National Lottery grant schemes for film, to the European Commission under the State Aid rules. The cultural test will be subject to comment and possible amendment as a result of this. 5 Cultural Test for British Films: Final Framework 4. The Cultural Test for British Films • • A film qualifies if it scores 16 points or more out of 32.The Secretary of State will not have any discretion to waive or relax the test in a particular case. • • Notes Points Section A: Cultural Content A1 Set wholly/mainly in the UK • • 1 A2 Principal characters British nationals or residents 1 A3 Based on British subject matter or underlying material 1 A4 Dialogue in the English Language (inc official regional or minority languages of the UK) 1 Total 4 Section B: Cultural Hubs Must be in the UK B1 Studio and/or location shooting 6 B2 Visual effects 4 B3 Special effects 1 B4 Music recording 2 B5 Audio post production 1 B6 Laboratory processing 1 Total 15 Section C: Cultural Practitioners Must be British or EEA nationals/residents C1 Director 2 C2 Scriptwriter 2 C3 Producer 1 C4 Composer 1 C5 Principal actors 2 C6 Majority of cast 1 C7 Key Staff 3(cinematographer, production designer, costume designer, editor, sound designer, VFX supervisor,principal make up/ hair) C8 Majority of crew • 1 Total 13 Total points for Sections A, B, C • • 32 • • • 6 Cultural Test for British Films: Final Framework 5. Next Steps • • Now the framework of the cultural test is clear, we will be drafting guidelines to the test. With the help of the industry we will ensure that the accompanying guidelines to the cultural test are as transparent as possible and offer certainty to filmmakers. Our aim is that the guidelines are published as soon as possible. Guidelines will give clarity on how points will be awarded for certain categories. These guidelines will be available in good time before the new cultural test comes into operation. The guidelines will include grading systems to award points on a pro rata basis where more than 1 point is available, and set the level of activity required in the UK to score single points, with advice on how to measure this. Animation and documentary films are important elements in the British Film industry. To ensure that such films are not excluded by the test, the Department is working with industry experts in animation and documentary films in order to find the right solutions here. In some cases special categories will need to be developed. If you would like to be further involved in the development of the guidelines please contact: • Dee DavisonFilm BranchDepartment for Culture, Media and Sport2-4 Cockspur StreetLondon SW1Y 5DH Tel: 020 7211 6435dee.davison@culture.gsi.gov.uk • • • 7 Cultural Test for British Films: Final Framework Annex A Cultural Test for British Films: Consultation – Summary of responses. General response to the consultation Overall, the responses to the consultation supported the new Cultural Test (CT). Some respondents noted that films with a recognisable UK connection have proved attractive to audiences, however it was felt to be important that inward investment films should also be supported if they are UK made. The most common message received through the consultation was that the test should provide clarity and certainty for producers. Many respondents felt that to do this it would be necessary to operate a system of pre-certification for the test. Some felt there should also be set time periods for the issuing of qualifying certificates. Respondents also asked for clarification of how the new CT will apply to co-production treaties. General response to the Cultural test General responses to the CT were positive. The need for certainty came through strongly with most respondents asking for as little discretion as possible to be left to the competent authority. On the other hand, some respondents felt that discretion ought to be exercised in cases where a film is thought to be of significant importance to the UK, yet misses the pass mark for the CT. Whilst the need for objectivity was recognised, some respondents asked that the quality of films be considered through the CT. Respondents also raised caution about the possible exclusion of films which are entirely British in terms of content and practitioners but which are filmed in another country. The argument was also made that the UK should not only reward producers for making films in the UK but also support UK film producers wanting to make their work abroad. Section A Comments under categories for Cultural Content Some helpful comments were offered about the categories under Section A. The main points were about the clarification of language to ensure objectivity – ie. ‘wholly/mainly’, ‘resident’ and ‘official minority languages’. A common question occurred about films where the location and the nationality of characters are nonspecific for example in animation and science fiction films. It was also suggested that the test be made flexible enough to accommodate different film genres. The storywriter category also attracted some interest – Some respondents thought that the ‘originality’ of a story can be hard to track and that the nationality of the story writer is not relevant, they felt it is more important that the subject matter is British. Some respondents felt that section A would not work for animation and documentary films and that categories would need to be amended for these films. Points for filming in English were largely supported, however clarification was sought on what other minority or regional languages would be applicable. 8 Cultural Test for British Films: Final Framework Other arguments raised included: • Points under principal characters should also include film crew. • ‘Set in UK’ could be measured by the number pages of script- ensuring that the script is in written in 12pt, courier font and double spaced. • Consider adding ‘issues of particular relevance to a UK audience’. Should the weighting points for the location of the film be graded? Respondents supported a grading system to incentivise the use of UK locations. One suggestion was to award 2 points for more than 50% set in the UK and 1 point for more than 25%. Respondents favoured taking a point from ‘set wholly/mainly in UK’ and reallocating it to ‘location shooting’ as this was thought to offer a similar incentive. Section B Comments under categories for Cultural Hubs. This section attracted the most interest and the general view was that more points should be awarded to Cultural Hubs, in particular under the categories of postproduction and visual effects. It was felt that these categories are areas in which the UK is particularly skilled and therefore there is a need to support these facilities and their workforce to enable businesses to thrive. Some respondents suggested that there should be an incentive for producers to use a range of facilities in order to prevent ‘cherry picking’. Some respondents felt that as visual effects is one of the biggest below the line spends for large budget films, and are also used by a large proportion of small budget films-this should be reflected by a greater allocation of points in this category. Other specific points raised were: • Cultural hubs points could be restricted if awarded to a co-producing state, as this would not incentivise use of UK facilities. • Consider adding: Set design and Construction and Ownership of IPR. • Section B would need to be amended to account for the specific needs for animation and documentaries. Should the weighting points for the use of studios and visual effects facilities be graded? Most respondents felt that studio shooting and location shooting should be awarded the same points to support both small and large budget films. By awarding points for location shooting, employment across the UK would be also supported. A grading system for location and studio shooting was also encouraged, to allow for some unavoidable shooting in foreign locations and studios. Many respondents felt that the point for the pre-production office should be removed as it would be difficult to evidence. Respondents recommended that visual effects should be awarded from 1 to 5 points. Special effects, covering pyrotechnic/physical effects was thought to need a separate category. The majority of respondents supported the priority given to visual effects in this section, however some felt that the allocation of points across Section B should be more evenly distributed. 9 Cultural Test for British Films: Final Framework A grading system was proposed by a number of respondents for categories throughout the test. Respondents felt that minimum points should be awarded for more than 10% activity under a particular category and maximum points for more than 50% activity in a particular category. This system would allow points to be received at a low budget level of film production and is thought to be unlikely to attract abuse. Section C Comments under the categories for Cultural Practitioners The responses from this section were unanimous in the opinion that further categories should be added to recognise all individuals involved in a film, including the Producer. It was pointed out that a number of key film making roles often come from outside of the UK/EEA, yet they still provide work for the range of other roles involved in the production and based in the UK. For this reason it was recommended that points should be awarded for all film making roles, so as not to drive away inward investment bringing in lead roles from abroad. Some respondents suggested that a labour cost test would ensure a fairer allocation of points across all practitioners involved in the film making process. Specific film making roles which were suggested could be recognised include: • Research and Development • Line producers, developing and individual producers. • Sound designer • Production accountant How can principal actors be easily identified? It was suggested that principal actors could be defined by the number of days the actor works in the schedule. General Should there be other elements of film production in the test? Respondents sought clarification on whether Commonwealth countries and countries with association agreements with the EU will be included under the cultural test. Should categories be varied for animation or documentaries? It has been argued that the cultural test (as drafted) does not fit well with animation or documentary films and would therefore require either a separate test for different film genres or broader categories. Issues that arise include: non-specific location, nationality of characters unknown, no location shooting, different film making process and expertise used. Comments on weighting of sections and pass marks. A clear majority of respondents who commented on the pass mark thought that it should be set at no more than 50% of the total points available. 10 Cultural Test for British Films: Final Framework View on the suggested weighting of sections varied, from 2-5 in Section A, 6-15 in Section B and 6-11 in Section C, but the overall consensus was that Section B should have the highest number of points allocated to it. Comments on what the guidance to the test should cover. Respondents felt that detailed guidance would be needed to support the test, respondents asked that this guidance be flexible to accommodate the evolving industry. The industry have offered their help in developing the guidance. Clear definition of terms is needed within the guidance, and examples to illustrate how different cases would be handled. Comments on the likely overall impact of the proposed test. There was some concern about how the test would be applied to co-productions. Other comments. Respondents agreed that the test should be as objective as possible but that pre-certification would offer film makers the certainty they need to be able to access finance and begin making their films. Workshops and seminars were also recommended in order to educate filmmakers about how the cultural test will apply. Department for Culture, Media and Sport 2-4 Cockspur Street London SW1Y 5DH PP 875 November 2005 Department for Culture, Media and Sport. 17 February 2006 THE CULTURAL TEST FOR BRITISH FILMS – GUIDELINES Qualification as a British film In order to be certified as a British film under Schedule 1 to the Films Act 1985 (as amended by the Films (Definition of "British Film") Order 2006) a film must meet the: maker requirement, the archive footage test and pass the cultural test. It is important to note that the existing maker requirement in Schedule 1 will be amended to reflect the provisions of the forthcoming Finance Bill. The definition will be based on what was announced in the Pre-Budget Report on 5 December 2005. Full guidance for the revised Schedule 1 will be published in due course, along with guidelines for co-productions. This full guidance, which will include the Cultural Test guidelines below, is still subject to amendment and review in light of the Finance Bill and European Commission state aid clearance. The Cultural Test – general rules The main cultural test will be set out in paragraph 4A of Schedule 1. Alternative tests for animation and documentaries will be set out in paragraphs 4B and 4C respectively. This guidance sets out the statutory framework of the cultural test and how the Department intends to interpret and operate the test. A film will pass the cultural test if it is awarded 16 points out of a possible 32 points. Points will be awarded where a film meets the criteria set out below. Points will be only awarded in relation to the criteria the applicants have applied for i.e. applicants do not need to apply in relation to all the criteria. There may be further, unforeseen, changes to the Films Act that are necessitated by the Finance Bill. If, in the Department’s opinion, the amount of work carried out in respect of any category under Section B below is insignificant in relation to the total amount of work carried out in making the film no points shall be awarded. Accordingly, the Department has a discretion to disallow points. This will be handled on a case-by-case basis and is designed to prevent token amounts of work being undertaken solely for the purpose of gaining points under this test. Guidelines to the cultural test will be kept under review and may be amended from time to time. The cultural test assesses three different aspects of a film: Section A – Cultural Content. This section measures the British content of a film. Section B – Cultural Hubs. This section measures the use of the UK’s film making facilities. Section C – Cultural Practitioners. This section measures the use of personnel with creative input to the film. Department for Culture, Media and Sport. 17 February 2006 CULTURAL TEST Section A – Cultural Content A1 Film set wholly/mainly in the UK 1 point 1 point will be awarded if at least 50% of the film is set in the United Kingdom. A film is set in the UK if the story takes place in the UK. It does not matter where the film is actually shot. For the purpose of the test a film is set in the UK if it is set in any country (England, Scotland, Wales or Northern Ireland) which is now part of the UK. A film that is set in a fictionalised version of the UK will be considered to be set in the UK. However, a film set in a purely fictional setting will not be treated as set in the UK. This will be measured by counting the number of pages in the script which are set in the UK. A2 Principal characters British citizens or residents 1 point 1 point will be awarded if at least one of the three principal characters depicted in the film is a British character. A character is a British character if he or she is a British citizen or a person resident in the UK. For the purposes of the test British includes any nationality of a country (English, Scottish, Welsh, Northern Irish) which is now part of the UK. British character also includes any character who, at the time the film was set, was a British subject in the UK’s colonial territories e.g. Mahatma Gandhi. Where it is not immediately apparent from the film, applicants will be asked to explain why the character should be regarded as a British character. The three principal characters will be determined by taking account of centrality and prominence of the character in the story. Applicants will be asked to identify the three principal characters and make the case for a character’s centrality and prominence in the story. A3 Film based on British subject matter or underlying material 1 point 1 point will be awarded if the film depicts a British story. A film depicts a British story: (a) if the subject matter of the film is British; or (b) if the underlying material on which the film is based is British. In relation to (a) the subject matter is British, for example, if the film is about a British historical event even though it is not set in the UK; or the film is about a British historical or fictional character. Applicants will be asked to make a case for how their film depicts a British story. In relation to (b) the underlying material e.g. book, short story, game, original screenplay, article is written by a British citizen or resident. Department for Culture, Media and Sport. 17 February 2006 A4 Original dialogue recorded mainly in English language 1 point 1 point will be awarded if at least 50% of the original dialogue is recorded in the English language or in a recognised regional or minority language. The UK has 6 indigenous minority languages under the Council of Europe's Charter for Minority or Regional Languages (Gaelic, Welsh, Irish, Scots, Ulster Scots and Cornish). This list may be updated as further languages are added under the Charter. Original dialogue will be measured by the number of words spoken against the total number of words of dialogue in the script. Dialogue can include narration but not stage directions. Total for Section A - 4 points Section B - Cultural Hubs B1 Studio and/or location shooting 6 points Up to 6 points will be awarded depending on the percentage of principal photography that is carried out in the UK. 6 points will be awarded for at least 75%, 5 points for at least 62.5%, 4 points for at least 50%, 3 points for at least 37.5% 2 points for at least 25% and 1 point for at least 10%. Principal photography in the UK includes principal photography at any studio, location, warehouse or other place where filming takes place. It does not include any shooting done by second or other units. It will be measured by reference to the number of days spent of the work as set out in the shooting schedule. B2 Visual Effects 4 points Up to 4 points depending on the percentage of the work on visual effects that is carried out in the UK. 4 points to be awarded for at least 75%, 3 points for at least 50%, 2 points for at least 25% and 1 for at least 10%. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. Visual Effects means digital alterations to a film’s images. That is, where individual frames of the film are created, recorded or manipulated digitally in a digital environment. Visual Effects activity includes, but is not limited to: pre-visualisation, concept design, data acquisition (motion capture, cyperscans, lidar scanning, set surveys, photogrametry shoots), computer generated images (CGI), character / creature animation, colour correction, 2D compositing, 3D animation, 3D modelling, digital intermediate, virtual sets / studios, digital matte painting, lighting and rendering. However, it does not include the editing of a film. B3 Special Effects 1 point Department for Culture, Media and Sport. 17 February 2006 1 point will be awarded if at least 75% of the work on special effects is carried out in the UK. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. Special effects means artificial techniques or processes, which are not visual effects, used to create an illusion in a film. Special Effects include, but are not limited to: Miniatures, Animatronics, Prosthetics, Atmospherics, Mechanical Effects, Flying Effects, Pyrotechnics, Animation and puppets, Special Costumes, Action Props. B4 Music Recording 2 points Up to 2 points will be awarded depending on the percentage of the work on performing and recording the original music score created for the film that is carried out in the UK. 2 points to be awarded for at least 75% and 1 point for at least 50%. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. This will not include source music. B5 Audio Post Production 1 point 1 point to be awarded if at least 75% of the work on audio post production is carried out in the UK. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. B6 Laboratory Processing 1 point 1 point will be awarded if at least 75% of the work on image processing is carried out in the UK. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. Image processing for the purposes of this test includes; negative processing, rushes prints, video rushes from the processed negative, copies of the HD camera original onto other video formats for editing, negative logging, negative cutting or scanning, shooting optical sounds negative, creation of a digital internegative, answer print from digital internegative or from the original negative, interpositive/internegative, check print, manufacture of the video deliverables (TV masters) from either the digital house or the telecine house. This definition will be revisited as and when necessary to take account of the fast changing digital technology. Total for Section B – 15 points Section C – Cultural Practitioners For the purposes of this test a qualifying person means a citizen or a person ordinarily resident in a member State, that is, a citizen or resident of the UK (including citizens of the Isle of Man or Channel Islands), any EEA state (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Department for Culture, Media and Sport. 17 February 2006 Portugal, Slovak Republic, Slovenia, Spain Sweden, Iceland, Norway and Liechtenstein) and Bulgaria and Romania. C1 Director 2 points 2 points will be awarded if the director is a qualifying person or, if there is more than one director, the lead director is a qualifying person. Where there is more than one director, applicants will be asked to make a case for who is the lead director, except where there are joint and equal directors in which case an applicant may choose either to be the lead. The lead director will be determined by taking into account factors including; the person who takes the credit in the film, the creative input and time spent working on the film. C2 Scriptwriter 2 points Up to 2 points will be awarded depending on the number of scriptwriters who are qualifying persons. If there is only one scriptwriter then 2 points will be awarded if he or she is a qualifying person. If there are only two scriptwriters 2 points will be awarded if both are qualifying persons and 1 point will be awarded of one is a qualifying person. If there are only three scriptwriters 2 points will be awarded if all three or any two are qualifying persons and 1 point will be awarded if one is a qualifying person. If there are more than three scriptwriters, applicants will be asked to make a case for the three lead scriptwriters. 2 points will be awarded if two or more of the three are qualifying persons and 1 point if one is. A scriptwriter will be determined by taking into account factors including; the person who takes the credit in the film, creative input on the script and time spent working on the script. C3 Producer 1 point 1 point will be awarded if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person. A lead producer will be determined as an individual with decision-making authority who plays an active role throughout the pre-production and production of a film and assumes responsibility for the physical process of production and carrying through practical and financial arrangements for the making of the film. Applicants will be asked to make a case for who is the lead producer. C4 Composer 1 point Department for Culture, Media and Sport. 17 February 2006 1 point will be awarded if the composer is a qualifying person or, if there is more than one composer, the lead composer is a qualifying person. Where there is more than one composer, applicants will be asked to make a case for who is the lead composer, except where there are joint and equal composers in which case an applicant may choose either to be the lead. The lead composer will be determined by taking into account factors including; the person who takes the credit in the film, the creative input on the original music score (not including source music) and time spent working on the score. C5 Principal Actors 2 points Up to 2 points will be awarded depending on the number of actors who are qualifying persons. If there are more than three actors, 2 points will be awarded if two or three of the lead actors are qualifying persons and 1 point will be awarded if one. If there are only three actors, 2 points if two or three of them are qualifying persons, 1 point if one of them is. If there are only two actors, 2 points if both of them are qualifying persons, 1 point if one of them is. If there is only one actor, 2 points if he or she is a qualifying person. The lead actors will be determined by taking into account factors including; the number of days worked in front of the camera and the centrality of the actor’s role in the film. Applicants will be asked to make a case for who are the lead actors. C6 Majority of cast 1 point 1 point will be awarded if at least 50% of the cast are qualifying persons. ‘Cast’ means all the actors and performers (including stunt men and women) but not extras who appear in the film. For the purposes of this test ‘extras’ means: a person who appears in a film where a non-specific, non-speaking character is required, usually as part of a crowd or in the background of a scene. C7 Key Staff 3 point Up to 3 points will be awarded depending on the number of heads of department who are qualifying persons. 3 points will be awarded for five or more, 2 points for three or four and 1 point for one or two. The heads of department are the lead cinematographer, the lead production designer, the lead costume designer, the lead editor, the lead sound designer, the lead visual effects supervisor, the lead hair and makeup supervisor. The head of the department is the person with responsibility for that department. C8 Majority of Crew 1 point Department for Culture, Media and Sport. 17 February 2006 1 point will be awarded if at least 50% of the production crew are qualifying persons. Production crew means all the people directly involved in the production of a film who do not appear in the film. That is, people involved directly in the production and post-production of the film but not people involved in providing ancillary services e.g. caterers. Whether a person is in the production crew will be determined by taking into account factors including if he or she is contracted by the production company to perform services on the film; and if he or she have industry-standard on-screen credits and be recognised in the PACT/BECTU Freelance Rate Card. Total for Section C- 13 points Total for Sections A, B, C – 32 points. Department for Culture, Media and Sport. 17 February 2006 CULTURAL TEST FOR ANIMATION FILMS The cultural test for an animation is set out in paragraph 4C of Schedule 1. An animation is a film where images are manufactured by hand, computer or otherwise on a frame by frame basis and where any performers photographed in the course of production do not appear entirely in person or move in real time on the final print. For the purposes of certification, this would be taken on a case-by-case basis. Section A – Cultural Content A1 Film set wholly/mainly in the UK 1 point 1 point will be awarded if at least 50% of the film is set in the United Kingdom. A film is set in the UK if the story takes place in the UK. It does not matter where the film is actually shot. For the purpose of the test a film is set in the UK if it is set in any country (England, Scotland, Wales or Northern Ireland) which is now part of the UK. A film that is set in a fictionalised version of the UK will be considered to be set in the UK. However, a film set in a purely fictional setting will not be treated as set in the UK. This will be measured by counting the number of pages in the script which are set in the UK. A2 Principal characters British citizens or residents 1 point 1 point will be awarded if at least one of the three principal characters depicted in the film is a British character. A character is a British character if he or she is a British citizen or a character resident in the UK. For the purposes of the test British includes any nationality of a country (English, Scottish, Welsh, Northern Irish) which is now part of the UK. British character also includes any character who, at the time the film was set, was a British subject in the UK’s colonial territories. Where it is not immediately apparent from the film, applicants will be asked to explain why the character should be regarded as a British character. The three principal characters will be determined by taking account of centrality and prominence of the character in the story. Applicants will be asked to identify the three principal characters and make the case for a character’s centrality and prominence in the story. A3 Film based on British subject matter or underlying material 1 point Department for Culture, Media and Sport. 17 February 2006 1 point will be awarded if the film depicts a British story. A film depicts a British story: (a) if the subject matter of the film is British; or (b) if the underlying material on which the film is based is British. In relation to (a) the subject matter is British, for example, if the film is about a British historical event even though it is not set in the UK; or the film is about a British historical or fictional character. Applicants will be asked to make a case for how their film depicts a British story. In relation to (b) the underlying material e.g. book, short story, game, original screenplay, article is written by a British citizen or resident. A4 Original dialogue recorded mainly in English language 1 point 1 point will be awarded if at least 50% of the original dialogue is recorded in the English language or in a recognised regional or minority language. The UK has 6 indigenous minority languages under the Council of Europe's Charter for Minority or Regional Languages (Gaelic, Welsh, Irish, Scots, Ulster Scots and Cornish). This list may be updated as further languages are added under the Charter. Original dialogue will be measured by the number of words spoken against the total number of words of dialogue in the script. Dialogue can include narration but not stage directions. Total for Section A - 4 points Section B - Cultural Hubs B1 Studio and/or location shooting 6 points Up to 6 points will be awarded depending on the percentage of the work on shooting, visual design, layout and storyboarding that is carried out in the UK. 6 points will be awarded for at least 75%, 5 points for at least 62.5%, 4 points for at least 50%, 3 points for at least 37.5% 2 points for at least 25% and 1 point for at least 10%. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. B2 Visual Effects 4 points Up to 4 points depending on the percentage of the work on visual effects that is carried out in the UK. 4 points to be awarded for at least 75%, 3 points for at least 50%, 2 points for at least 25% and 1 for at least 10%. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. Visual Effects means digital alterations to a film’s images, where individual frames of the film are created, recorded or manipulated digitally in a digital environment. Visual Effects activity includes, but is not limited to: pre-visualisation, concept design, data acquisition (motion capture, cyperscans, lidar scanning, set surveys, Department for Culture, Media and Sport. 17 February 2006 photogrametry shoots), computer generated images (CGI), character / creature animation, colour correction, 2D compositing, 3D animation, 3D modelling, digital intermediate, virtual sets / studios, digital matte painting, lighting and rendering. However, it does not include the editing of a film. For animations visual effects includes software development. B3 Special Effects 1 point 1 point will be awarded if at least 75% of the work on special effects is carried out in the UK. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. Special effects means artificial techniques or processes, which are not visual effects, used to create an illusion in a film. Special Effects include, but are not limited to: Miniatures, Animatronics, Prosthetics, Atmospherics, Mechanical Effects, Flying Effects, Pyrotechnics, Animation and puppets, Special Costumes, Action Props. B4 Music Recording 2 points Up to 2 points will be awarded depending on the percentage of the work on performing and recording the original music score created for the film that is carried out in the UK. 2 points to be awarded for at least 75% and 1 point for at least 50%. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. This will not include source music. B5 Audio Post Production 1 point 1 point to be awarded if at least 75% of the work on voice recording and audio post production is carried out in the UK. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. B6 Laboratory Processing 1 point 1 point will be awarded if at least 75% of the work on image processing is carried out in the UK. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. Image processing for the purposes of this test includes; negative processing, rushes prints, video rushes from the processed negative, copies of the HD camera original onto other video formats for editing, negative logging, negative cutting or scanning, shooting optical sounds negative, creation of a digital internegative, answer print from digital internegative or from the original negative, interpositive/internegative, check print, manufacture of the video deliverables (TV masters) from either the digital house or the telecine house. Total for Section B – 15 points Department for Culture, Media and Sport. 17 February 2006 Section C – Cultural Practitioners For the purposes of this test a qualifying person means a citizen or a person ordinarily resident in a member State, that is, a citizen or resident of the UK (including citizens of the Isle of Man or Channel Islands), any EEA state (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Spain Sweden, Iceland, Norway and Liechtenstein) and Bulgaria and Romania. C1 Director 2 points 2 points will be awarded if lead director is a qualifying person or, if there is more than one director, the lead director is a qualifying person. Where there is more than one director, applicants will be asked to make a case for who is the lead director, except where there are joint and equal directors in which case an applicant may choose either to be the lead. The lead director will be determined by taking into account factors including; the person who takes the credit in the film, the creative input and time spent working on the film. C2 Scriptwriter 2 points Up to 2 points will be awarded depending on the number of scriptwriters who are qualifying persons. If there is only one scriptwriter then 2 points will be awarded if he or she is a qualifying person. If there are only two scriptwriters 2 points will be awarded if both are qualifying persons and 1 point will be awarded of one is a qualifying person. If there are only three scriptwriters 2 points will be awarded if all three or any two are qualifying persons and 1 point will be awarded if one is a qualifying person. If there are more than three scriptwriters, applicants will be asked to make a case for the three lead scriptwriters. 2 points will be awarded if two or more of three are qualifying persons and 1 point if one is. A scriptwriter will be determined by taking into account factors including; the person who takes the credit in the film, creative input on the script and time spent working on the script. C3 Producer 1 point 1 point will be awarded if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person. A lead producer will be determined as an individual with decision-making authority who plays an active role throughout the pre-production and production of a film Department for Culture, Media and Sport. 17 February 2006 and assumes responsibility for the physical process of production and carrying through practical and financial arrangements for the making of the film. Applicants will be asked to make a case for who is the lead producer. C4 Composer 1 point 1 point will be awarded if the composer is a qualifying person or, if there is more than one composer, the lead composer is a qualifying person. Where there is more than one composer, applicants will be asked to make a case for who is the lead composer, except where there are joint and equal composers in which case an applicant may choose either to be the lead. The lead composer will be determined by taking into account factors including; the person who takes the credit in the film, the creative input on the original music score (not including source music) and time spent working on the score. C5 Principal Actors 2 points Up to 2 points will be awarded depending on the number of actors who are qualifying persons. If there are more than three actors, 2 points will be awarded if two or three of the lead actors are qualifying persons and 1 point will be awarded if one. If there are only three actors, 2 points if two or three of them are qualifying persons, 1 point if one of them is. If there are only two actors, 2 points if both of them are qualifying persons, 1 point if one of them is. If there is only one actor, 2 points if he or she is a qualifying person. For animations this will include actors voicing characters. The lead actors will be determined by taking into account factors including; the number of performance days worked and the centrality of the actor’s role in the film. Applicants will be asked to make a case for who are the lead actors. C6 Majority of cast 1 point 1 point will be awarded if at least 50% of the cast are qualifying persons. ‘Cast’ means all the actors and performers but not extras that appear in the film. For animations this will include actors voicing cast. For the purposes of this test ‘extras’ means: a person who appears in a film where a non-specific, non-speaking character is required, usually as part of a crowd or in the background of a scene. C7 Key Staff 3 point Department for Culture, Media and Sport. 17 February 2006 Up to 3 points will be awarded depending on the number of heads of department who are qualifying persons. 3 points will be awarded for five or more, 2 points for three or four and 1 point for one or two. For animations the heads of department are the lead layout supervisor, the lead production designer, the lead character designer, the lead editor, the lead sound designer, the lead visual effects supervisor and the lead modelling supervisor. The head of the department is the person with responsibility for that department. C8 Majority of Crew 1 point 1 point will be awarded if at least 50% of the production crew are qualifying persons. Production crew’ means all the people directly involved in the production of a film who do not appear in the film. That is, people involved directly in the production and post-production of the film but not people involved providing ancillary service e.g. caterers. Whether a person is in the production crew will be determined by taking into account factors including if he or she is contracted by the production company to perform services on the film; and if he or she have industry-standard on-screen credits and be recognised in the PACT/BECTU Freelance Rate Card. Total for Section C- 13 points Total for Sections A, B, C – 32 points. Department for Culture, Media and Sport. 17 February 2006 CULTURAL TEST FOR DOCUMENTARY FILMS The cultural test for a documentary is set out in paragraph 4B of Schedule 1. A documentary means a factual or realistic film based on real events, places or circumstances and intended primarily to record or inform. Section A – Cultural Content A1 Film set wholly/mainly in the UK 1 point 1 point will be awarded if at least 50% of the film is set in the United Kingdom. A film is set in the UK if the story takes place in the UK. It does not matter where the film is actually shot. For the purpose of the test a film is set in the UK if it is set in any country (England, Scotland, Wales or Northern Ireland) which is now part of the UK. A film that is set in a fictionalised version of the UK will be considered to be set in the UK. However, a film set in a purely fictional setting will not be treated as set in the UK. This will be measured by counting the number of pages in the script which are set in the UK. A2 Principal characters British citizens or residents 1 point 1 point will be awarded if at least one of the three principal characters depicted in the film is a British character. For a documentary this may include the presenter, the subject or other contributors on screen. A character is a British character if he or she is a British citizen or a person resident in the UK. For the purposes of the test British includes any nationality of a country (English, Scottish, Welsh, Northern Irish) which is now part of the UK. British character also includes any character who, at the time the film was set, was a British subject in the UK’s colonial territories e.g. Mahatma Gandhi. Where it is not immediately apparent from the film, applicants will be asked to explain why the character should be regarded as a British character. The three principal characters will be determined by taking account of centrality and prominence of character in the documentary. Applicants will be asked to identify the three principal characters and make the case for a character’s centrality and prominence in the documentary. A3 Film based on British subject matter or underlying material 1 point 1 point will be awarded if the film depicts a British story. A film depicts a British story (a) if the subject matter of the film is British; or (b) if the underlying material on which the film is based is British. In relation to (a) the subject matter is British, for example, if the film is about a British historical event even though it is not set in the UK; or the film is about a Department for Culture, Media and Sport. 17 February 2006 British historical or fictional character. Applicants will be asked to make a case for how their film depicts a British story. In relation to (b) the underlying material e.g. book, short story, game, original screenplay, article is written by a British citizen or resident. A4 Original dialogue recorded mainly in English language 1 point 1 point will be awarded if at least 50% of the original dialogue is recorded in the English language or in a recognised regional or minority language. The UK has 6 indigenous minority languages under the Council of Europe's Charter for Minority or Regional Languages (Gaelic, Welsh, Irish, Scots, Ulster Scots and Cornish). This list may be updated as further languages are added under the Charter. Original dialogue will be measured by the number of words spoken against the total number of words of dialogue in the script. Dialogue can include narration but not stage directions. Total for Section A - 4 points Section B - Cultural Hubs B1 Studio and/or location shooting and visual effects 6 points Up to 6 points will be awarded depending on the percentage of the work on shooting and visual effects that is carried out in the UK. 6 points will be awarded for at least 75%, 5 points for at least 62.5%, 4 points for at least 50%, 3 points for at least 37.5% 2 points for at least 25% and 1 point for at least 10%. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. Shooting in the UK includes shooting at any studio, location, warehouse or other place where filming takes place. Visual Effects means digital alterations to a film’s images, where individual frames of the film are created, recorded or manipulated digitally in a digital environment. Visual Effects activity includes, but is not limited to: pre-visualisation, concept design, data acquisition (motion capture, cyperscans, lidar scanning, set surveys, photogrametry shoots), computer generated images (CGI), character / creature animation, colour correction, 2D compositing, 3D animation, 3D modelling, digital intermediate, virtual sets / studios, digital matte painting, lighting and rendering. However, it does not include the editing of a film. The percentage of work carried out on shooting and visual effects will be measured by the percentage of the total of these budgets that is for work carried out in the UK. B2 Research and Development 4 points Department for Culture, Media and Sport. 17 February 2006 Up to 4 points will be awarded depending on the percentage of the work on research and development that is carried out in the UK. 4 points to be awarded for at least 75%, 3 points for at least 50%, 2 points for at least 25% and 1 for at least 10%. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. B3 Special Effects 1 point 1 point will be awarded if at least 75% of the work on special effects is carried out in the UK. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. Special effects means artificial techniques or processes, which are not visual effects, used to create an illusion in a film. Special Effects include, but are not limited to: Miniatures, Animatronics, Prosthetics, Atmospherics, Mechanical Effects, Flying Effects, Pyrotechnics, Animation and puppets, Special Costumes, Action Props. B4 Music Recording 2 points Up to 2 points will be awarded depending on the percentage of the work on performing and recording the original music score created for the film that is carried out in the UK. 2 points to be awarded for at least 75% and 1 point for at least 50%. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. This will not include source music. B5 Audio Post Production 1 point 1 point to be awarded if at least 75% of the work on audio post production is carried out in the UK. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. B6 Laboratory Processing 1 point 1 point will be awarded if at least 75% of the work on image processing is carried out in the UK. The amount of work carried out in the UK and elsewhere shall be measured by reference to the amount of expenditure on the work. Image processing for the purposes of this test includes; negative processing, rushes prints, video rushes from the processed negative, copies of the HD camera original onto other video formats for editing, negative logging, negative cutting or scanning, shooting optical sounds negative, creation of a digital internegative, answer print from digital internegative or from the original negative, interpositive/internegative, check print, manufacture of the video deliverables (TV masters) from either the digital house or the telecine house. Total for Section B – 15 points Section C – Cultural Practitioners Department for Culture, Media and Sport. 17 February 2006 For the purposes of this test a qualifying person means a citizen or a person ordinarily resident in a member State, that is, a citizen or resident of the UK (including citizens of the Isle of Man or Channel Islands), any EEA state (Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovak Republic, Slovenia, Spain Sweden, Iceland, Norway and Liechtenstein) and Bulgaria and Romania. C1 Director 2 points 2 points will be awarded if the director is a qualifying person or, if there is more than one director, the lead director is a qualifying person. Where there is more than one director, applicants will be asked to make a case for who is the lead director, except where there are joint and equal directors in which case an applicant may choose either to be the lead. The lead director will be determined by taking into account factors including; the person who takes the credit in the film, the creative input and time spent working on the film. C2 Scriptwriter 2 points Up to 2 points will be awarded depending on the number of scriptwriters who are qualifying persons. If there is only one scriptwriter then 2 points will be awarded if he or she is a qualifying person. If there are only two scriptwriters 2 points will be awarded if both are qualifying persons and 1 point will be awarded of one is a qualifying person. If there are only three scriptwriters 2 points will be awarded if all three or any two are qualifying persons and 1 point will be awarded if one is a qualifying person. If there are more than three scriptwriters, applicants will be asked to make a case for the three lead scriptwriters. 2 points will be awarded if two ore more of the three are qualifying persons and 1 point if one is. A scriptwriter will be determined by taking into account factors including; the person who takes the credit in the film, creative input on the script and time spent working on the script. C3 Producer 1 point 1 point will be awarded if at least one of the producers (or, if there are more than three, of the three lead producers) is a qualifying person. A lead producer will be determined as an individual with decision making authority who plays an active role throughout the pre-production and production of a film and assumes responsibility for the physical process of production and carrying through practical and financial arrangements for the making of the film. Department for Culture, Media and Sport. 17 February 2006 Applicants will be asked to make a case for who is the lead producer. C4 Composer 1 point 1 point will be awarded if the composer is a qualifying person or, if there is more than one composer, the lead composer is a qualifying person. Where there is more than one composer, applicants will be asked to make a case for who is the lead composer, except where there are joint and equal composers in which case an applicant may choose either to be the lead. The lead composer will be determined by taking into account factors including; the person who takes the credit in the film, the creative input on the original music score (not including source music) and time spent working on the score. C5 Participants 2 points Up to 2 points will be awarded depending on the number of participants who are qualifying persons. If there are more than three participants, 2 points will be awarded if two or three of the lead participants are qualifying persons and 1 point will be awarded if one. If there are only three participants, 2 points if two or three of them are qualifying persons, 1 point if one of them is. If there are only two participants, 2 points if both of them are qualifying persons, 1 point if one of them is. If there is only one participant, 2 points if he or she is a qualifying person. A ‘participant’ means a presenter, narrator, subject or other person who participates and appears in a documentary. The lead participants will be determined by taking into account factors including; the number of days worked in front of the camera and the centrality of the participants’ role in the film. Applicants will be asked to make a case for who are the lead participants. C6 Majority of participants 1 point 1 point will be awarded if at least 50% of all the participants are qualifying persons. A ‘participant’ means a presenter, narrator, subject or other person who participates and appears in a documentary. C7 Key Staff 3 point Up to 3 points will be awarded depending on the number of heads of department who are qualifying persons. 3 points will be awarded for four, 2 points for three and 1 point for one or two. For a documentary the heads of department are the lead cameraman, the lead sound recordist, the lead editor and the lead researcher. Department for Culture, Media and Sport. 17 February 2006 The head of the department is the person with responsibility for that department. C8 Majority of Crew 1 point 1 point will be awarded if at least 50% of the production crew are qualifying persons. Production crew’ means all the people directly involved in the production of a film who do not appear in the film. That is, people involved directly in the production and post-production of the film but not people involved in providing ancillary services e.g. caterers. Whether a person is in the production crew will be determined by taking into account factors including if he or she is contracted by the production company to perform services on the film; and if he or she have industry-standard on-screen credits and be recognised in the PACT/BECTU Freelance Rate Card. Total for Section C- 13 points Total for Sections A, B, C – 32 points.