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Public Notice

  Ottawa, 27 June 1988
 Public Notice CRTC 1988-105
 

AMENDMENTS TO THE DEFINITION OF A CANADIAN PROGRAM AS IT RELATES TO CERTAIN TYPES OF ANIMATED PRODUCTIONS AND AS IT RELATES TO EXPENDITURES ON ALL PRODUCTIONS

 For related documents: see Public Notices CRTC 1984-94 ("Recognition for Canadian Programs", dated 15 April 1984), CRTC 1987-28 ("Recognition for Canadian Programs -- Production Packages", dated 30 January 1987), CRTC 1987-83 ("Music Video Programs", dated 24 March 1987), CRTC 1987-106 ("Animated Productions", dated 15 April 1987), and CRTC 1988-15 ("Amendments to the Definition of a Canadian Program as it relates to Animated Productions and as it relates to Expenditures on All Productions", dated 10 February 1988).
 In Public Notice CRTC 1987-106, the Commission indicated that it had been exploring the possible adaptation of its point system for Canadian program recognition (Public Notice CRTC 1984-94) which until now has applied to all types of production, to establish a point system especially for animated productions. The Commission also asked for public comment.
 Following consultation with representatives of Communications Canada, the animation production industry and others, and as a result of the comments received, the Commission in Public Notice CRTC 1988-15 proposed to amend its Definition of a Canadian Program as it relates to animated productions, and as it relates to expenditures on all productions. Again the Commission sought public comment.
 In response the Commission received a total of 14 submissions, including six from production companies, three from production associations, and two from broadcasting licensees.
 The Commission also acknowledges receipt of submissions from the Canadian Association for the Deaf, Telefilm Canada and one individual.
 In reviewing its proposals with respect to animated productions and in consideration of the comments received, the Commission has modified its proposals in a number of areas.
 It should be noted that the new scheme relating to animation applies only to frame-by-frame traditional animation and those computer-assisted or computer-generated productions or those productions that mix animation and live action that in the Commission's view can best be considered under frame-by-frame traditional animation; continuous action animation (for example, where marionettes are manipulated by a puppeteer by means of strings) will be treated as live action using the definition of a Canadian program contained in Public Notice CRTC 1984-94.
 In Public Notice CRTC 1988-15 the Commission also proposed changes relating to expenditures for all productions. Those proposals have been adopted unchanged for all productions other than animated ones, for which they have been modified somewhat.
 The Commission's aim has been to provide the animated production industry with clear and simple criteria for Canadian content recognition. It further has sought to ensure that the work of Canadian animators will appear on screen in all Canadian animated productions. At the same time the Commission has provided Canadian producers with some flexibility to engage the services of non-Canadian facilities and personnel to compete on world markets. The new system also maintains an advantage for those animation production companies that wish to produce in Canada using Canadian talent.
 The appendix to the present Public Notice together with Schedules 1 and 2 will be incorporated by reference in the Television Broadcasting Regulations, 1987 by virtue of a new definition of "Canadian program" in section 2 of the said regulations.
 Fernand Bélisle
Secretary General
 

APPENDIX TO PUBLIC NOTICE CRTC 1988-105

 RECOGNITION FOR CANADIAN PROGRAMS, 27 June 1988
 

I. TYPES OF ANIMATION

 ANIMATION refers to the process of creating the appearance of motion through the use of inanimate or still elements in the many forms of traditional animation, and through the use of digital synthesis in computer-assisted or computer-generated animation.
 

1. TRADITIONAL ANIMATION

 For these purposes, traditional animation is of two kinds: frame-by-frame or continuous.
 Frame-by-frame Animation
  This is the process of filming or otherwise recording a series of poses of figures, objects or shapes, or drawings each slightly displaced from the preceding poses, or of drawing them in sequence on successive frames of recording material, one or more frames at a time, so that when the film is projected or the recording played, the figures, objects, shapes or other elements give the illusion of movement.
 Continuous Animation
  The process involves moving figures, objects or shapes by means of mechanical or other devices to give the illusion that they are moving on their own.
 The Commission will treat continuous action animation as live action and continue to use the definition of Canadian program contained in Public Notice CRTC 1984-94.
 Among the many types of traditional animation are the following:
 a) Cell Animation
 Cell is the name given to the transparent celluloid material on which drawings are made in the film technique of cell animation. This kind of animation is usually done by exposing one or more frames of film or other recording material for each cell.
 b) Puppet Animation
 This type of animation can be of two kinds. In the first, two or three-dimensional figures rather than drawings or paintings are recorded frame-by-frame.
 In the second, the animation is continuous, controlled by a puppeteer with the movement of the figures occurring in "real time".
 c) Pixillation Animation
  This is a technique of animation using live-action shots of real people in real locations to achieve the effect of having actors jump, jerk or twitch as if they were being animated. There are three ways of obtaining this effect:
 

i) by editing single frames from live-action shots and omitting intervening film material;

 
ii) by posing actors as if they were puppets and taking single-frame photographs of each pose; and
 
iii) by taking one frame at a time during normal action (speed-up), or slowed-down action (normal).
 d) Camera-less Animation
 This technique involves drawing or painting directly on film frames.
 e) Other Forms of Traditional Animation
 Other types of traditional animation, less commonly used, include the pin-screen, silhouette, anaform and sand (drawing and form) techniques. The Commission will treat these types generally as frame-by-frame animation according to the most appropriate form of those listed in Schedule 2.
 

2. COMPUTER ANIMATION

 In recent years, computer technology has begun to make its presence felt in the area of animation. At present, computers are being used in two ways: to assist in traditional animation (primarily cell animation), and to serve as a new tool for artistic creation.
 a) Computer-assisted Animation
 Through this technique, pre-existing animated material is revised with the assistance of computer technology.
 b) Computer-generated Animation
 Through this technique, animated movement is generated principally or wholly through digital image synthesis by means of computers and computer programs.
 

II. THE COMMISSION'S APPROACH TO THE VARIOUS FORMS OF ANIMATION, MIXES OF LIVE ACTION AND/OR VARIOUS TYPES OF TRADITIONAL ANIMATION AND TO AS YET UNDEFINED FORMS OF ANIMATION

 1. The Commission restricts its definition of traditional animation to the various forms of animation not assisted or generated by computers. Within traditional animation, two kinds of animation are included: frame-by-frame animation and continuous action animation.
 The various types of continuous animation (such as live-action puppetry, or the use of live action figures or symbols) exhibit more of the characteristics of ordinary live action than of frame-by-frame animation. Hence, frame-by-frame animation will be dealt with according to the new scheme set out in Schedule 2 and discussed in Sections IV and V below; continuous action animation will be dealt with according to the existing scheme for live action with the exception that the point currently allocated to the leading or second-leading performer will be allocated to the first or second voice.
 The provision of this definition will deal with all animation except continuous action animation.
2. Computer-assisted animation will be dealt with in the same way as traditional animation. This can, depending on the nature of the production, involve either the criteria for frame-by-frame animation or those for continuous animation (i.e., live action in which case it will be dealt with under the provisions of Public Notice CRTC 1984-94).
  3. Computer-generated animation will be dealt with on a case-by-case basis, generally in accordance with the rules for frame-by-frame animation set out in Schedule 2.
 4. Sometimes productions include mixes of animation and live action. The Commission will approach such productions on the basis of the following considerations:
 A documentary on or including animation will be dealt with as a documentary under Public Notice CRTC 1984-94; a documentary exclusively in animation form will be dealt with as an animated production.
  Non-documentary productions with scenes combining live action and animation in each of those scenes will generally be considered as live action for purposes of applying the point system. Productions combining different forms of traditional animation or less commonly used forms of traditional animation, will be dealt with on a case-by-case basis according to the most applicable scheme for traditional animation (e.g. cell, puppet, pixillation or camera-less).
  Non-documentary productions with both scenes of live action and scenes of animation will be considered on the basis of live action and animation separately; time credits would be allocated accordingly. For instance, if in a 30-minute production the live action segments total 20 minutes and qualify as Canadian, and the animated segments total 10 minutes and do not qualify as Canadian, the 30-minute production will qualify for 20 minutes Canadian content only.
 Music videos that include animation will be considered as music videos rather than as animated productions.
 

III. USE OF STOCK FOOTAGE

  Productions that are made up predominantly of foreign stock footage will not qualify as Canadian. They may, however, qualify for the "dubbing" credit if sound is added by a process of lip-synchronization in Canada, using Canadian resources.
 

IV. KEY CREATIVE FUNCTIONS

 Under the new scheme for frame-by-frame traditional animation (see Schedule 2), the allocation of points for the persons performing various key creative functions -- or for the locations (i.e., countries) in which these functions are performed, where applicable -- will be as indicated below:
 
Director (person) 1 pt
Scriptwriter and storyboard supervisor (persons) 1 pt
First or second voice (person) (or first or second leading performer) 1 pt
Design supervisor (person) 1 pt
Layout and background (location) 1 pt
Key animation (location) 1 pt
Assistant animation/In-betweening (location) 1 pt
Camera operator and operation (person and location) 1 pt
Music composer (person) 1 pt
Editor (person) 1 pt
  Determination of first and second voice (or first or second leading performer) may take into account billing, screen time, number of lines and payment.
 Where the point is assigned to a person or persons, the point will be awarded only if all of those sharing the duties of that position are Canadian; where the point is assigned to a location, it will be awarded only if all of that function is performed in Canada.
 In productions that employ a script-writer but no storyboard supervisor (or vice versa), the point will be awarded if the person or persons performing that function is or are Canadian.
 A minimum of 6 points is needed to qualify a production as Canadian (see Public Notice CRTC 1984-94, Section I, paragraph 11b for productions with fewer than 6 possible points).
 

V. MANDATORY POINTS FOR FRAME-BY-FRAME ANIMATION

  Because cell animation is the predominant form of traditional frame-by-frame animation, the Commission has been guided in its development of this system principally by its analysis of this process. The definitions of the various functions may not apply to all animation production organizations; however, for the Commission's purposes and to be fair to the industry it is necessary that the terms used be clearly defined so that confusion and misapplication can be avoided. The Commission is therefore providing in the attached schedule to this appendix definitions for the various functions involved.
 The Commission will, for most types of animation, as set out in Schedule 2, consider the following persons or locations mandatory:
 - Director or the combination of scriptwriter and storyboard supervisor (persons),
 - Key animation (location), and
 - First or second voice (OR first or second leading performer) (persons).
  Schedule 2 to this appendix sets out the appropriate allocation of points and mandatory positions for the various types of animation.
 

VI. EXPENDITURES

 For all animated productions other than continuous action animated productions, the following expenditures requirement will apply:
 At least 65% of total remuneration paid to individuals other than the producer and key creative persons (i.e., those persons for whom a point is assigned) or for post-production work must be paid to, or in respect of, services provided by Canadians, and at least 65% of processing and final preparation costs must be paid for services provided in Canada.
 For all other productions, at least 75% of total remuneration paid to individuals other than the producer and key creative personnel or for post-production work must be paid to, or in respect of, services provided by Canadians; and at least 75% of processing and final preparation costs must also be paid for services provided in Canada.
  Interpretation relating only to animated productions other than continuous action animated productions:
 For those functions where the points are awarded on the basis of the location (i.e., layout and background, key animation, and assistant animation/in betweening) remuneration paid to those persons performing the function will be included in the calculation.
  Interpretation relating to all productions:
 In the interpretation of the clause on expenditures in all productions, the following will apply:
  "Services" exclude goods. Payments for the purchase of goods, such as film or video tape stock, supplies and equipment, and non-production-related fees, such as legal and accounting fees, are excluded from the calculations. Payment for the acquisition of music, story and copyrights are to be included in the calculations.
 

VII. THE 150% CANADIAN DRAMATIC PROGRAMMING CREDIT FOR TEN-POINT ANIMATED DRAMATIC PRODUCTIONS

 Under the definition of a Canadian program (Public Notice CRTC 1984-94), a dramatic production may qualify for the 150% Canadian dramatic programming credit if, among other things, it utilizes, and qualifies on, all ten points.
  Taking into account that in animated productions the number of qualifying functions may vary, depending on the type of animation, as well as on the particular production, the Commission will allow a 150% Canadian dramatic programming credit not only for animated dramatic productions other than continuous action productions that meet all ten criteria, but also for those to which not all ten functions apply, as long as the functions that do apply, all qualify as Canadian.
  Accordingly, for animated productions other than continuous action productions, Section IX of the Recognition for Canadian Programs 1984 is amended to read as follows:
  DRAMATIC PROGRAMMING CREDIT
 The Commission will award a 150% time credit for an animated dramatic production other than a continuous action production carried by a licensee which meets all of the following criteria:
 a) that it is produced by a licensee or an independent Canadian production company after 15 July 1988;
 b) that it is recognized as a Canadian program and achieves the "point" for each key creative function utilized in the production
 (the principal use of stock music -- even if Canadian -- means the function applies, but the point will not qualify as Canadian.); and
 c) that it is scheduled to commence
 (i) between the hours of 7:00 p.m. and 10:00 p.m., or
 (ii) in the case of an animated dramatic production intended for children, at an appropriate children's viewing time.
 Each licensee will receive a dramatic programming credit for each showing of an animated dramatic production occurring within a two-year period from the date of first showing.
  (Co-productions and co-ventures do not qualify for the dramatic programming credit as the producer functions by definition are shared between Canadians and non-Canadians)
 

VIII. EFFECT ON THE "RECOGNITION FOR CANADIAN PROGRAMS, 15 APRIL 1984" (Public Notice CRTC 1984-94)

 The Commission hereby amends the above-noted definition and applies the provisions contained in this appendix.
 1. The following provisions of the Recognition for Canadian Programs, 15 April 1984 will no longer apply to animated productions other than continuous action animated productions.
  Section I (Basic Definition of a Canadian program)

- subsections 2, 3, 4, 5
  Subsection 11 (Interpretation Notes)

- paragraphs d), e), f) and h).
  Section IV (Production Packages)
  Animated productions are excluded from the production package (twinning) provisions as per Public Notice CRTC 1987-28.
  Section IX (Dramatic programming credit).
 2. For all types of production

- Section I paragraph 11 h) (Expenditures) is amended for all types of production to remove the exemption for the acquisition of music, story and copyrights.
 

IX. INTERIM MEASURES

 This definition of a Canadian program as it relates to animated productions and to all productions, comes into force at the same time as the attached amendment to the Television Broadcasting Regulations, 1987. Programs already certified as Canadian by Communications Canada or recognized as Canadian by the CRTC will continue to be recognized.
 All productions recognized as Canadian by Communications Canada under co-production treaties between Canada and other countries, will also be considered Canadian for purposes of the Commission's Canadian content regulations.
  Except for productions described in Section III involving stock footage, work in development at 15 July 1988 will be judged under either the 15 April 1984 definition or under the definition for animated productions set out here, at the request of the producer (applicant), both for purposes of Canadian program recognition and for the dramatic programming credit (150%).
 

SCHEDULE 1

DESCRIPTIONS OF THE VARIOUS FUNCTIONS IN ANIMATED PRODUCTION

 For the purpose of these proposals, the following are descriptions of the various functions involved in the process of animation. These descriptions broadly describe the tasks allocated to each function.
 1. The functions below are those to which "points" are assigned. The points are awarded on the basis of the person, the location or both (see Section IV of this appendix).
  DIRECTOR (PERSON)
 The director has overall control of the artistic and creative aspects of the production; establishes the instructional workbook for the production from script and storyboard; times the action and supervises the creative and technical aspects of the work in the various stages of production; provides shot-by-shot and frame-by-frame, details of the camera movement and shot punctuation (done by preparing the timing of each individual scene at the storyboard stage); prepares the bar-sheets, or exposure sheet instructions for the animator.
 The above may also be done in collaboration with or by the key animator or animation director.
  SCRIPTWRITER (PERSON)
 The scriptwriter provides the written treatment; outlines the continuity of the story, dialogue or action and the parts the various characters will play in it; elaborates upon the script during the process of visual development at the storyboard stage.
  STORYBOARD SUPERVISOR (PERSON)
 The storyboard supervisor, co-operating with the writer, or instead of the writer (depending on the type of production and studio organization) creates visual development running parallel to the written text in pictures; determines the flow of action from one scene to another; creates a series of drawings with the associated continuity showing the major action and scene changes.
 FIRST OR SECOND VOICE (PERSON)
  Leading or second-leading actor reading a character voice.
  DESIGN SUPERVISOR (PERSON)
 The design supervisor is responsible for the style, the visual character, the colour theme and colour continuity; develops the tones of the backgrounds, figures and textures; can sometimes create the actual characters jointly with the director; prepares visual proportion charts of the characters to safeguard uniformity during the production. (This position is also referred to sometimes as the art director or the character designer).
  LAYOUT (LOCATION)
 The layout artist, working from the storyboard, outlines the graphic organization in the form of line drawings of background environment and staging of action for the animators' and background artists' reference. The layout artist also draws up camera field references. In feature work the layout artist will also provide a detailed tonal rendering for the background department. (A related position is that of the POSER. However, the poser is an animator whose work is preliminary and ephemeral and is not part of the final print.)
  BACKGROUND (LOCATION)
  Provides finished backgrounds for individual scenes of a film.
 KEY ANIMATION (LOCATION)
 The animator is primarily responsible for the creative vitality of the production, draws the key phases of movement that determine the life and expression of the characters; creates the movement of figures or objects; roughs out the timing path or sequence of the animation; and provides on dope sheets technical information to the camera operator about the order in which individual animation phases should be photographed. The animator depicts extremes of movement to provide key drawings and sets the style and character of the sequence. The key animator's work is part of the final print. (This position is sometimes also referred to as the animator.)
  ASSISTANT ANIMATION/IN-BETWEENING (LOCATION)
 The assistant animator(s) and inbetweener(s) complete the breakdown drawings and in-between work, once the key characters or figures have been determined by the animator and the animation has been done. Breakdown drawings are the main drawings between the key animation drawings that help to define the path of action. In-between drawings are done after the main path of action breakdown drawings are completed.
 CAMERA OPERATOR AND OPERATION (PERSON AND LOCATION)
 The camera operator operates the camera for the purpose of recording the sequences of cells and backgrounds according to instructions from the director.
 MUSIC COMPOSER (PERSON)
 The music composer writes the music or lyrics, or both, specifically for the production.
 (The point is awarded only if the music and lyrics, if any, used in the production were principally or entirely composed for the production. The principal use of already existing music, even though Canadian or rearranged by a Canadian, utilizes the point, but does not qualify it as Canadian. The position of music director is not accepted as a music composer.)
 EDITOR (PERSON)
 The editor assembles individual shots and sequences in continuity and fits them to the various soundtracks; provides the sound effects track; analyses the characteristics of the music or dialogue track; provides information to animators in terms of timed film frames; supervises the dubbing, the separate sound tracks; and liaises with laboratories to obtain prints.
 2. While the following functions play a significant role in animation, no points are attached to them:
 TRACER/PHOTOCOPIER
 This function involves copying the animated line drawings onto acetate sheets, or doing the equivalent via electronic means.
 OPAQUER
 This function involves the application of paint to the inked-in outlines of acetate drawings or cells, or doing the equivalent via electronic means.
 ANIMATION DIRECTOR
 For large feature productions the function of animation director is sometimes created to supervise the animation of an entire sequence. For television specials and series, the animation director will sometimes be responsible for supervising the whole production (see director).
 

SCHEDULE 2

KEY CREATIVE AND MANDATORY FUNCTIONS FOR VARIOUS FORMS OF FRAME-BY-FRAME TRADITIONAL ANIMATION

 
Function Cell Puppet Pixilla-tion Camera-less
Director (person) * M)
)
or)		 * M)
)
or)		 * M)
)
or)		 * M)
)
or)
Scriptwriter and storyboard supervisor (persons) * M) * M) * M) * M)
First or second voice (person) *M *M *M *M
Design supervisor (person) * * * *
Layout and background (location) * * * -
Key animation (location) *M *M - *M
Assistant animation/in-betweening (location) * * - -
Camera operator and operation (person and location) * * *M -
Music composer (person) * * * *
Editor (person) * * * *
Leading or second leading performer#     *  
  NOTE:

* indicates function to which one point is allocated
M indicates function that is mandatory
# if different from First or Second Voice

Date Modified: 1988-06-27
Date modified: