Marketing Credit Rule Amendment

Proposed Rules: Closed to Comments

Agency:
Comment By: 
Friday, January 5, 2018

 

STATEMENT OF BASIS AND PURPOSE

 

      The Mayor’s Office of Media and Entertainment (“MOME”), which includes the Office of Film, Theatre and Broadcasting, supports various media and entertainment industries in New York City.  Since its creation over 40 years ago, thousands of television shows, feature films, commercials, music videos, documentaries, print ad campaigns and theatrical projects have been made in New York City, the entertainment capital of the world. The local entertainment production industry contributes nearly $9 billion a year to the City’s economy and employs over 130,000 New Yorkers.  A primary goal of MOME is to both support and grow this dynamic local industry. The “Made in NY” branding initiative was created as part of this goal, and includes the logo and credit attribution by production companies in their final filming products.

 

In 2013, the "Made in NY" Marketing Credit Program (“the Program”) was formally established by rule. The Program offers to "Made in NY" film and television productions a number of opportunities to promote their project in New York City, the top media market in the country.  The Marketing Credit Program offers eligible "Made in NY" productions marketing opportunities at various media outlets, including bus stops and City-owned television stations. The amount of media advertising to eligible productions is based on certain production costs as defined in the current rule. 

 

To receive the marketing credit, Program participants must financially contribute a “Cultural Benefit,” which is a financial donation given to a non-profit entity that has been chosen by the production and approved by the New York City Department of Cultural Affairs (DCLA).  The total cost of the monetary contribution is determined by certain production costs as defined in the current rule.  Donations provided under this rule support theatrical, film, writing and other local art institutions that nurture upcoming talent and strengthen the City's creative community. 

 

Because the Program recognizes that the "Made in NY" logo has become a mark of distinction in the industry as well as among New Yorkers, the current rule requires that the logo be included in all media used by the marketing credit recipients. By featuring the logo graphic in the media, projects both promote that they were shot in New York City and showcase MOME’s and the City’s efforts as a production center.


            Based on its years of experience administering the Program, MOME proposes to amend the rules governing this program.  The proposed amendments add or revise definitions to reflect program changes and current operating practices, and update definitions and clarify terms to ensure that program participants understand all program requirements.

Specifically, the proposed rules would:

  • Expand the list of organizations eligible for the Cultural Benefit
  • Rename the Cultural Benefit as “Community Benefit” to reflect the composition of the expanded list
  • Revise the timing requirement of payment of the Community Benefit to occur after completion of the media campaign
  • Expand the list of cultural institutions identified by DCLA to include non-profit organizations with proposals for program funding on a Participatory Budgeting (PB) New York City ballot. The PB process allows members of the community to decide on the allocation of budgets set aside by local elected officials.
  • Add a new definition of “end credit requirements”
  • Add a requirement regarding the authorized applicant’s intention to comply with end credit requirements
  • Amend the definition of “qualified film” by eliminating “television pilots” from the type of productions that qualify to participate in the Program (because television pilots do not qualify unless they are part of a television series, which is already included in the definition)
  • Require that “qualified films” have production costs of at least $400,000 to ensure that the productions in the Program are generating economic activity for the City
  • Require that “qualified films” distributed exclusively over the Internet must be distributed through a paid subscription-based service in order to distinguish between professionally produced projects and amateur videos   
  • Amend the definitions of “television film”, “television special” and “television series” to clarify that they also include productions intended for distribution through the Internet
  • Repeal the definition of “television pilot” because television pilots are not distributed as stand-alone projects and would therefore not be eligible for the marketing credit
  • Revise the application process to limit to once per year the number of times that someone can apply for marketing credit and require that applications for themarketing credit be received at least 60 days prior to the release date of the qualified film, thus simplifying the allocation of the marketing credit to a “first come, first served” basis
  • Clarify that when a marketing credit recipient may need to change its release date, their marketing credit would be reallocated based on availability and may not be guaranteed
  • Clarify the meaning of “qualified production costs” as related to (1) eligibility for the credit, (2) the obligation to assume printing costs in connection with the media campaign, and (3) the consequences of a marketing credit recipient’s failure to pay the Community Benefit, and
  • Clarify the terminology used regarding entities participating in the marketing credit program (i.e., “authorized applicant” and “marketing credit recipient”)
Public Hearing
Subject: 

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Public Hearing Date: 
Friday, January 12, 2018 - 2:00pm
Contact: 

No contact

Location: 
Film Office 6th Floor
1697 Broadway
New York, NY 10019.