歐盟視聽產(chǎn)業(yè)保護(hù)的法律制度研究
發(fā)布時間：2019-06-21 01:47
【摘要】：20世紀(jì)80年代初,歐盟的視聽產(chǎn)業(yè)得到了空前的發(fā)展,歐盟的視聽產(chǎn)業(yè)市場成為了世界上最大的視聽市場之一,但是這種飛速的發(fā)展并沒有給歐盟帶來太大的喜悅,歐盟成員國中視聽產(chǎn)品的生產(chǎn)能力過低,不能滿足視聽市場對視聽產(chǎn)品的大量需求,而這種供需不平衡就使得歐盟必須大量從國外進(jìn)口視聽產(chǎn)品。在當(dāng)時,美國是世界上視聽產(chǎn)業(yè)的強國,到1992年,美國向歐盟出口的視聽產(chǎn)品達(dá)到36億美元,而歐盟出口到美國的只有2.9億美元,這種進(jìn)出口存在較大差異的情況被歐盟人們視為美國節(jié)目對歐洲的入侵。為緩解這種進(jìn)出口的逆差,保護(hù)本土市場的健康發(fā)展,維護(hù)歐盟文化多樣性,歐盟決定采取一系列的政策措施來保護(hù)視聽產(chǎn)業(yè)的發(fā)展。首先,要從根本上解決這一貿(mào)易逆差,就必須大力發(fā)展視聽產(chǎn)業(yè),提高歐盟視聽產(chǎn)業(yè)的生產(chǎn)能力,這就需要歐盟方面的政策補貼,歐盟為此先后制定了三個“媒體計劃”,這三個計劃明確地以鼓勵和發(fā)展歐盟的視聽產(chǎn)業(yè)為宗旨。自1991年創(chuàng)立到今天,該項計劃在歐盟視聽業(yè)的投資高達(dá)17.8億歐元。其次,歐盟將限制視聽產(chǎn)品的進(jìn)口。設(shè)定“非歐洲作品”的最高進(jìn)口比例和設(shè)定專門針對美國影視作品的進(jìn)口比例。另外,有些國家專門對美國的影視作品設(shè)定最高進(jìn)口比例,并規(guī)定在播放美國電影時,電影票票價的一部分會用于資助本國的電影制作。為貫徹和執(zhí)行這些政策措施,歐盟頒發(fā)《電視無國界》綠皮書,明確提出了要建立統(tǒng)一的歐洲內(nèi)部視聽產(chǎn)業(yè)市場的主張。該綠皮書明確規(guī)定保護(hù)歐盟視聽產(chǎn)業(yè)的兩個基本原則,一是打破歐盟成員國之間的屬地主義觀念,使得歐洲的電視節(jié)目可以在歐洲的統(tǒng)一市場內(nèi)自由流動；二是歐洲各國內(nèi)的各個電視頻道應(yīng)在條件允許的情況下,為歐洲本土的電視節(jié)目保留一半以上的播放時間。再者,歐盟應(yīng)將視聽產(chǎn)業(yè)的保護(hù)放到國際層面上,尋求國際上的合作。 為了保障這三個保護(hù)措施的有效施行,歐盟必須建立完善的法律體系,并確定以有效實施。歐盟保護(hù)視聽產(chǎn)業(yè)政策的法律基礎(chǔ)是《歐盟條約》和《阿姆斯特丹條約之成員國公共廣播制度協(xié)議》,歐盟視聽產(chǎn)業(yè)保護(hù)的法律體系就是建立在這兩個條約之上的,同時,要完善該法律體系,還必須以《電視無國界》指令為基石,以鼓勵和協(xié)調(diào)歐洲電視市場成長,刺激那些電視生產(chǎn)能力低的國家努力發(fā)展視聽產(chǎn)品的生產(chǎn),以尋求平衡。在此基礎(chǔ)上,歐盟應(yīng)逐步完善關(guān)于視聽產(chǎn)業(yè)保護(hù)的法律法規(guī),對各項保護(hù)措施予以明確規(guī)定,以期達(dá)到構(gòu)建歐洲信息與思想自由交流平臺,推廣“歐洲意識”,為歐盟的多樣性文化自由傳播提供一個廣闊的渠道的目標(biāo),并逐步建立歐盟視聽產(chǎn)業(yè)的統(tǒng)一市場,提高視聽產(chǎn)業(yè)的整體競爭力,與美國的視聽產(chǎn)業(yè)抗衡,扭轉(zhuǎn)美國影視產(chǎn)業(yè)在歐洲獨占鰲頭的局面。
[Abstract]:In the early 1980s, the audio-visual industry of the European Union has been unprecedented developed, and the audio-visual industry market of the European Union has become one of the largest audio-visual markets in the world. However, this rapid development has not brought much joy to the European Union. The production capacity of audio-visual products in EU member states is too low to meet the large demand for audio-visual products in the audio-visual market. This imbalance between supply and demand makes the EU have to import a large number of audio-visual products from abroad. At that time, the United States was a powerful country in the audio-visual industry in the world. By 1992, the United States exported US audio-visual products to the European Union, while the European Union exported only $290 million to the United States. This kind of import and export situation is regarded by people in the European Union as the invasion of Europe by American programs. In order to alleviate the import and export deficit, protect the healthy development of the local market and maintain the cultural diversity of the European Union, the EU has decided to take a series of policy measures to protect the development of the audio-visual industry. First of all, in order to fundamentally solve this trade deficit, we must vigorously develop the audio-visual industry and improve the production capacity of the EU audio-visual industry, which requires EU policy subsidies. The EU has formulated three "media plans" one after another, which clearly aim at encouraging and developing the EU audio-visual industry. Since its inception in 1991, the program has invested 1.78 billion euros in the EU audiovisual industry. Second, the EU will restrict the import of audiovisual products. Set the maximum import ratio of "non-European works" and set the proportion of imports specific to American film and television works. In addition, some countries set a maximum import ratio for American film and television works, and stipulated that when American films are broadcast, part of the ticket price will be used to finance their own film production. In order to implement and implement these policies and measures, the European Union has issued a Green Paper entitled "Television without Borders", which clearly puts forward the idea of establishing a unified European internal audiovisual industry market. The Green Paper clearly stipulates two basic principles for protecting the audio-visual industry of the European Union, one is to break the territorial concept among EU member States, so that European television programs can flow freely within the unified market in Europe, and the other is that television channels in Europe should reserve more than half of the broadcast time for local television programs in Europe, if conditions permit. Moreover, the EU should protect the audio-visual industry at the international level and seek international cooperation. In order to ensure the effective implementation of these three protective measures, the EU must establish a perfect legal system and determine it to implement effectively. The legal basis of EU policy for the protection of audiovisual industry is the Treaty of the European Union and the Agreement on the Public Broadcasting system of the member States of the Amsterdam Treaty. The legal system for the protection of the audiovisual industry in the European Union is based on these two treaties. At the same time, in order to perfect the legal system, it must also be based on the "Television without Borders" instruction in order to encourage and coordinate the growth of the European television market. Stimulate countries with low television production capacity to develop audio-visual products in order to find a balance. On this basis, the EU should gradually improve the laws and regulations on the protection of the audio-visual industry, and make clear provisions on various protection measures, with a view to achieving the goal of constructing a European platform for the free exchange of information and ideas, promoting "European consciousness", providing a broad channel for the free dissemination of diverse cultures in the European Union, and gradually establishing a unified market for the audio-visual industry in the European Union, so as to enhance the overall competitiveness of the audio-visual industry. Compete with the audiovisual industry in the United States and reverse the dominance of the American film and television industry in Europe.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：D99
[Abstract]:In the early 1980s, the audio-visual industry of the European Union has been unprecedented developed, and the audio-visual industry market of the European Union has become one of the largest audio-visual markets in the world. However, this rapid development has not brought much joy to the European Union. The production capacity of audio-visual products in EU member states is too low to meet the large demand for audio-visual products in the audio-visual market. This imbalance between supply and demand makes the EU have to import a large number of audio-visual products from abroad. At that time, the United States was a powerful country in the audio-visual industry in the world. By 1992, the United States exported US audio-visual products to the European Union, while the European Union exported only $290 million to the United States. This kind of import and export situation is regarded by people in the European Union as the invasion of Europe by American programs. In order to alleviate the import and export deficit, protect the healthy development of the local market and maintain the cultural diversity of the European Union, the EU has decided to take a series of policy measures to protect the development of the audio-visual industry. First of all, in order to fundamentally solve this trade deficit, we must vigorously develop the audio-visual industry and improve the production capacity of the EU audio-visual industry, which requires EU policy subsidies. The EU has formulated three "media plans" one after another, which clearly aim at encouraging and developing the EU audio-visual industry. Since its inception in 1991, the program has invested 1.78 billion euros in the EU audiovisual industry. Second, the EU will restrict the import of audiovisual products. Set the maximum import ratio of "non-European works" and set the proportion of imports specific to American film and television works. In addition, some countries set a maximum import ratio for American film and television works, and stipulated that when American films are broadcast, part of the ticket price will be used to finance their own film production. In order to implement and implement these policies and measures, the European Union has issued a Green Paper entitled "Television without Borders", which clearly puts forward the idea of establishing a unified European internal audiovisual industry market. The Green Paper clearly stipulates two basic principles for protecting the audio-visual industry of the European Union, one is to break the territorial concept among EU member States, so that European television programs can flow freely within the unified market in Europe, and the other is that television channels in Europe should reserve more than half of the broadcast time for local television programs in Europe, if conditions permit. Moreover, the EU should protect the audio-visual industry at the international level and seek international cooperation. In order to ensure the effective implementation of these three protective measures, the EU must establish a perfect legal system and determine it to implement effectively. The legal basis of EU policy for the protection of audiovisual industry is the Treaty of the European Union and the Agreement on the Public Broadcasting system of the member States of the Amsterdam Treaty. The legal system for the protection of the audiovisual industry in the European Union is based on these two treaties. At the same time, in order to perfect the legal system, it must also be based on the "Television without Borders" instruction in order to encourage and coordinate the growth of the European television market. Stimulate countries with low television production capacity to develop audio-visual products in order to find a balance. On this basis, the EU should gradually improve the laws and regulations on the protection of the audio-visual industry, and make clear provisions on various protection measures, with a view to achieving the goal of constructing a European platform for the free exchange of information and ideas, promoting "European consciousness", providing a broad channel for the free dissemination of diverse cultures in the European Union, and gradually establishing a unified market for the audio-visual industry in the European Union, so as to enhance the overall competitiveness of the audio-visual industry. Compete with the audiovisual industry in the United States and reverse the dominance of the American film and television industry in Europe.
【學(xué)位授予單位】：山東大學(xué)
【學(xué)位級別】：碩士
【學(xué)位授予年份】：2012
【分類號】：D99
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