欧盟视听产业保护的法律制度研究
发布时间：2019-06-21 01:47
【摘要】：20世纪80年代初,欧盟的视听产业得到了空前的发展,欧盟的视听产业市场成为了世界上最大的视听市场之一,但是这种飞速的发展并没有给欧盟带来太大的喜悦,欧盟成员国中视听产品的生产能力过低,不能满足视听市场对视听产品的大量需求,而这种供需不平衡就使得欧盟必须大量从国外进口视听产品。在当时,美国是世界上视听产业的强国,到1992年,美国向欧盟出口的视听产品达到36亿美元,而欧盟出口到美国的只有2.9亿美元,这种进出口存在较大差异的情况被欧盟人们视为美国节目对欧洲的入侵。为缓解这种进出口的逆差,保护本土市场的健康发展,维护欧盟文化多样性,欧盟决定采取一系列的政策措施来保护视听产业的发展。首先,要从根本上解决这一贸易逆差,就必须大力发展视听产业,提高欧盟视听产业的生产能力,这就需要欧盟方面的政策补贴,欧盟为此先后制定了三个“媒体计划”,这三个计划明确地以鼓励和发展欧盟的视听产业为宗旨。自1991年创立到今天,该项计划在欧盟视听业的投资高达17.8亿欧元。其次,欧盟将限制视听产品的进口。设定“非欧洲作品”的最高进口比例和设定专门针对美国影视作品的进口比例。另外,有些国家专门对美国的影视作品设定最高进口比例,并规定在播放美国电影时,电影票票价的一部分会用于资助本国的电影制作。为贯彻和执行这些政策措施,欧盟颁发《电视无国界》绿皮书,明确提出了要建立统一的欧洲内部视听产业市场的主张。该绿皮书明确规定保护欧盟视听产业的两个基本原则,一是打破欧盟成员国之间的属地主义观念,使得欧洲的电视节目可以在欧洲的统一市场内自由流动；二是欧洲各国内的各个电视频道应在条件允许的情况下,为欧洲本土的电视节目保留一半以上的播放时间。再者,欧盟应将视听产业的保护放到国际层面上,寻求国际上的合作。 为了保障这三个保护措施的有效施行,欧盟必须建立完善的法律体系,并确定以有效实施。欧盟保护视听产业政策的法律基础是《欧盟条约》和《阿姆斯特丹条约之成员国公共广播制度协议》,欧盟视听产业保护的法律体系就是建立在这两个条约之上的,同时,要完善该法律体系,还必须以《电视无国界》指令为基石,以鼓励和协调欧洲电视市场成长,刺激那些电视生产能力低的国家努力发展视听产品的生产,以寻求平衡。在此基础上,欧盟应逐步完善关于视听产业保护的法律法规,对各项保护措施予以明确规定,以期达到构建欧洲信息与思想自由交流平台,推广“欧洲意识”,为欧盟的多样性文化自由传播提供一个广阔的渠道的目标,并逐步建立欧盟视听产业的统一市场,提高视听产业的整体竞争力,与美国的视听产业抗衡,扭转美国影视产业在欧洲独占鳌头的局面。
[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.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：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.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D99
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