Minutes of evidence taken before the Departmental Committee on Cinematograph Films (1936)

20 COMMITTEE ON CINEMATOGRAPH FILMS 5 May, 1936.] [( 'on I APPENDIX I. BitiTisH Films — Statutory Requibem] m The requirements to be complied with in order that a film may be deemed to be a British film for tin purposes of the Act are contained in Sub-Sections (3) and (5) of Section 27. By regulations under Section 29 (1) (c) evidence of compliance with these requirements must be furnished on Registration Form C, a copy of which is attached (Appendix II). This form was drawn up in consultation with representatives of the British film industry. They are as follows : — (1) The film must have been made by a person who teas, at the time the film was made, a British .subject or by two or more persons each of whom teas a British subject or by a British company. — A British company is defined as one constituted under the laws of any part of the British Empire, the majority of the directors of which are British subjects. The Board have found it necessary on a few occasions to refuse to register, as British, films made by companies without a majority of British directors, although in other respects the Act had been fully complied with. The omission to obtain a majority of British directors seems to have been quite inadvertent. From time to time films made in Great Britain have incorporated lengths of negative taken from films made abroad by foreign makers. Usually the films concerned have been British versions of foreign films and it appears to have been considered advantageous and economical to incorporate scenes, such as exteriors and crowd scenes in big settings, which would be difficult or expensive to reproduce in Great Britain. The Board were advised that in view of the terms of Section 27 (3) (i) of the Act, such films could not be registered as British films. This view was confirmed by a decision by Mr. Justice Luxmoore in an appeal under Section 9 of the Act by Warner Brothers — First National Productions Limited against the Board's refusal to register as British a film of 7,877 feet in which was incorporated 2,949 feet of film of Italian origin. In the course of his judgment Mr. Justice Luxmoore stated " In my judgment the first requirement of that subSection [Section 27 (3)] is that the film which is to be considered for registration as a British film must substantially in its entirety be made by British subjects ". (2) The studio scenes 7tiust hare been photographed in a studio in the British Empire. It appears to have been generally accepted that a condition of this kind is essential for the encouragement and development of a British film industry. Studio scenes are regarded by the Board of Trade as scenes photographed in a place (whether within a building or not) where sets were erected for the purpose. This definition was adopted after consultation with representatives of the British film industry and no exception to it has been taken by film makers. (3) The author of the scenario must have been a British subject at the time the film was made. The repeal of this requirement has been recommended by the Cinematograph Films Advisory Committee, and by a joint deputation of the Federation of British Industries and the Cinematograph Exhibitors' Association and again by a joint deputation of the Federation of British Industries and the Trade Union Congress. The case for the recommendation may be stated as follows: — Tn imposing this requirement the intention was to secure that the story or theme and the scenes presented should be essentially British in character and atmosphere. The author of the scenario, however, is, to-day at least, not the person who controls these matters. His function is to take the story as adapted or prepared by the treatment writer and to arrange the various scenes and equip them with the necessary direct ions for shootin,g purposes. The scenario writer is a technician rather than an artist. There are not sufficient British scenario writers of the front rank to meet the needs of the British industry and this requirement deprives the makers of British films of the opportunity of obtaining the services of the world's best technicians in this department. The persons who actually determine the national character of a film are those responsible for making it. It is they who select the story, theme or plot and who hazard capital for its production. The Board understand that in the preparation of a scenario particularly since the introduction of sound, more than one person may be engaged and that in some of the large studios there are scenario departments employing staffs of treatment, dialogue and continuity writers. It is, therefore, not always easy to determine precisely who is the scenario writer within the meaning of the Act. In the course of administration the Board have seldom found it necessary to refuse to register a film as British on the ground that this requirement had not been complied with. (4) Not less than 75 per cent, of the salaries, wages, and payments specifically paid for labowr and services in the making of the film (exclusive of payments in respect of copyright and of tht salary oi payments to one foreign actor or actress or prodm • i but inclusive of the payments to the author of the scenario), must be paid to British subjects or persons domiciled in the British Empire. — The Board of Trade are empowered to relax this requirement in any case where the British percentage is not less than 70 pier cent, provided that they are satisfied that the maker has taken all reasonable steps to secure compliance with the requirement and that his failure to comply was due to exceptional circumstances beyond his control. The repeal of this requirement was recommended in 1929 by the Cinematograph Films Advisory Committee, and in June, 1930. by a joint deputation from the Federation of British Industries and the Cinematograph Exhibitors' Association mainly on the ground that it prevented the engagement of the foreign " stars " and technicians which were necessary in the production of films for the world market. A joint deputation from the Federation of British Industries and the Trade Union Congress in April. 1932, did not repeat this recommendation and the proposal has not since been revived. The particulars furnished to the Board of Trade in Form C indicate that in the great majority of cases payments made to persons of British nationality or domicile considerably exceed 75 per cent, of the total labour costs. Only on very rare occasions have the Board been requested to exercise their discretion to register films as British in which the British percentage of labour costs was between 70 and 75. The Board of Trade have on their administration of the Act regarded " salaries, wages and payments specifically paid for labour and services in the making of the film" as covering only payments directly attributable to the making of the film, including a proper and reasonable proportion of any annual salaries or fees to tie attributed to the making of the film. They have not considered these words to include any payments to the employees of the maker who render clerical or other services of a general nature in connection with the administration and maintenance of a film producing business.