ARCHIVED -  Public Notice CRTC 1988-15

Public Notice

Ottawa, 10 February 1988

Public Notice CRTC 1988-15

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

For related documents: see Public Notices CRTC 1984-94, CRTC 1987-28, and CRTC 1987-106

In Public Notice CRTC 1987-106 dated 15 April 1987, the Commission indicated that it was exploring the possible adaptation of its point system for Canadian program recognition (Public Notice CRTC 1984-94 dated 15 April 1984) which now applies to all types of production, to establish a system especially for animated productions. The public notice also asked for public comment.

After consultation with officials of the Department of Communications and with animation production personnel, and as a result of the comments received, the Commission now proposes to amend its Definition of a Canadian Program as it relates to animated productions.

The appendix to the present Public Notice contains proposals for an amendment to the Television Broadcasting Regulations, 1987 by virtue of an amendment to the Appendix to Public Notice CRTC 1984-94 to allow for specific application to animated productions.

The amendments also contain one change relating to expenditures that would now apply not only to animated productions, but to all types of production.

To avoid misinterpretation, it also contains certain proposed definitions and descriptions which are applicable to the complex processes of animated production.

The Commission is aware that the proposed changes may be of major consequence particularly to the animation production industry and is therefore asking the industry to provide as much input as possible into this public process.

The Commission also invites comment from all other interested parties on the proposed amendments. Comments should be submitted no later than 31 March 1988 to the Secretary General, CRTC, Ottawa, Ontario, K1A 0N2.

Fernand Bélisle Secretary General

APPENDIX TO PUBLIC NOTICE CRTC 1988-15

RECOGNITION FOR CANADIAN PROGRAMS, 10 FEBRUARY 1988

I. TYPES OF ANIMATION

ANIMATION in this context 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

The process of filming or otherwise recording a series of slightly displaced poses of figures, objects or shapes, or drawings, 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 of moving figures, objects or shapes by means of mechanical or other devices to give the illusion that they are moving on their own.

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 technique of cell animation. This kind of animated film is usually made by exposing one or more frames 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 photographed 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

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

(ii) posing actors as if they were puppets and taking single-frame photographs of each pose; and

(iii) taking one frame at a time during normal action (speed up), or slowed-down action (normal).

d) CAMERALESS ANIMATION

The technique of drawing or painting directly on film frames.

e) OTHER FORMS OF TRADITIONAL ANIMATION

Other types of traditional animation, less commonly used, include the pinscreen, silhouette, anaform and sand (drawing and form) techniques. The Commission will treat these types according to the most appropriate form 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

A technique in which pre-existing animated material is revised with the assistance of computer technology.

b) COMPUTER-GENERATED ANIMATION

A technique in which 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 will restrict its definition of traditional animation to the various forms of animation not assisted or generated by computers. Within traditional animation, it will consider two kinds: 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 would be dealt with according to the new scheme; continuous action animation would be dealt with according to the existing scheme with the exception that the point currently allocated to leading or second-leading actor will be allocated to first or second voice.

2. Computer-assisted animation would be dealt with in the same way as traditional animation. This could, depending on the nature of the production involve either the criteria for frame-by-frame or those for continuous animation.

3. Computer-generated animation would be dealt with and defined at a later time. In the meantime it would be dealt with on a case-by-case basis.

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 would be dealt with as a documentary; a documentary exclusively in animation form would be dealt with as an animated production.

Non-documentary productions with scenes combining live action and animation in each of those scenes would 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 (i.e. cell, puppet, pixillation or cameraless).

Non-documentary productions with both live action and scenes of animation would 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. PROPOSED KEY CREATIVE FUNCTIONS

Under the existing scheme for live action, the points for essential functions are allocated as follows:

Director - 2pt Writer - 2 pt Leading performer - 1 pt Second leading performer - 1 pt Head of Art Department - 1 pt Dir. of Photography - 1 pt Music Composer - 1 pt Editor - 1 pt

A minimum of 6 points is needed to qualify a production as Canadian (see Public Notice CRTC 1984-94, Section I, subsection 11b for productions with fewer than 6 possible points).

Under the proposed scheme (see Schedule II), the allocation of points for the various essential functions (or locations) in animation would be as indicated below:

Director (person) 1 pt Scriptwriter and Storyboard Supervisor (persons) 1 pt First or Second voice (person) 1 pt Design Supervisor (person) 1 pt Layout & Background (location) 1 pt 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

A minimum of 6 points is needed to qualify a production as Canadian (see Public Notice CRTC 1984-94, Section I, subsection 11b for productions with fewer than 6 possible points).

V. PROPOSED MANDATORY POSITIONS FOR ANIMATION

Because cell animation is the predominant form of traditional animation, the Commission has been guided in its development of this proposal 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 it is necessary that the terms used are 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 positions involved.

In the current definition of a Canadian program, the mandatory positions are those of

- Director or Writer and

- one of the two leading performers.

The Commission will, for most types of animation, require the following positions as mandatory:

- Director or the combination of Scriptwriter and Storyboard Supervisor, - Animator(')(s)(') location, and
- First or second voice.

Schedule 2 to this appendix sets out the appropriate allocation of points and mandatory positions for the various types of animation.

VI. EXPENDITURES

In addition to the points and mandatory positions, the Canadian program definition requires that 75% of certain expenditures be paid to Canadians. There are, at present, exclusions from the calculation, among which exclusions are payments for the acquisition of music, story and copyrights.

Payments for music, story and copyright will now be included in the 75% calculation. This would make the Commission's rules in this regard consistent with those of the Canadian Audio Visual Certification Office of the Department of Communications.

The present section on expenditures reads as follows and would remain unchanged.

 At least 75% of total remuneration paid to individuals, other than the producer and key creative personnel as listed above 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.

In the interpretation notes (I-11-h), the section on expenditures reads as follows:

 "Services" exclude goods. Payments for the purchase of goods such as film or videotape stock, supplies and equipment, and for the acquisition of music, story and copyrights, and non production-related fees, such as legal and accounting fees, are excluded from the 75% calculations.

The Commission will amend this by removing the portion shown above in bold type, and by adding the sentence shown below in bold type. The definition would now read as follows:

 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 75% calculations. Payment for the acquisition of music, story and copyrights are to be included in the calculations".

This amendment would now apply not only to animated productions, but to all types of production.

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

Under the present definition, a dramatic production to qualify for the 150% Canadian content credit must, among other things, achieve all ten points.

While this encourages the greatest and most extensive use of Canadian personnel, the Commission is making changes to allow for greater creativity and innovation. For instance, at present the regulation does not allow this credit for an innovative production of which one of the functions, say music, would not be appropriate, simply because there are fewer than ten key creative functions involved.

Taking into account that the number of qualifying functions may vary depending on the type of animation as well as the particular production, the Commission will allow a 150% Canadian content credit not only for animated dramatic productions that meet all ten criteria, but also for those animated productions to which not all ten functions apply, as long as the functions that do apply, are all performed by Canadians.

Accordingly, for animated productions, Section IX of the Recognition for Canadian Programs 1984 will be amended to read as follows:

DRAMATIC PROGRAMMING CREDIT

The Commission will award a 150% time credit for an animated dramatic production carried by a licensee which meets the following criteria:

a) is produced by a licensee or an independent production company after 15 April 1984;

b) is recognized as a Canadian program and achieves the "point" for each key creative function utilized in the production.

c) 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.

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

The Commission proposes to amend the above-noted definition and apply 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.

Section I (Basic Definition of a Canadian program)

- paragraphs 2, 3, 4, 5

Paragraph 11 (Interpretation Notes)

- subparagraphs 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

- subparagraph g) (Expenditures) would be amended for all types of production to remove the exemption for the acquisition of music, story and copyrights.

SCHEDULE 1

DESCRIPTIONS OF THE VARIOUS FUNCTIONS IN ANIMATED PRODUCTION

For the purpose of these proposals, the following are descriptions for 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" could be assigned. The points are awarded on the basis of the person, the location or both (see Section IV of this appendix).

DIRECTOR

The director has overall control of the artistic and creative aspects of the production; establishes the instructional work book for the production from script and storyboard; times the action of the film and supervises the creative and technical aspects of the work in the various states of production; provides shot-by-shot, frame-by-frame, the 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

The scriptwriter provides the written treatment; sets out the outline continuity of the story, dialogue or action of the film 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

The storyboard supervisor, cooperating 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

Leading or second-leading actor reading a character voice.

DESIGN SUPERVISOR

The design supervisor is responsible for the style of the film, its visual character, the colour theme and colour continuity; develops the tones of the backgrounds and 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 (ARTIST)

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 tile 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 does not show up in the final print.)

BACKGROUND (ARTIST)

Provides finished backgrounds for individual scenes of a film.

ANIMATOR

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 set the style and character of the sequence. (This position is sometimes also referred to as the Key Animator)

ASSISTANT ANIMATOR/IN-BETWEENER

The assistant animator(s) and inbetweener(s), once the key characters or figures have been determined by the animator and the animation has been done by the animator, complete the breakdown drawings and in-between work . 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

The camera operator operates the camera for the purpose of filming or otherwise recording the sequences of cells and backgrounds according to Instructions from the director.

MUSIC COMPOSER

The music composer writes the music and lyrics 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 use of existing music, even though rearranged, does not warrant a point. The position of music director is not accepted as a music composer.)

EDITOR

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

Copies the animated line drawings onto acetate sheets.

OPAQUER

Applies paint to the inked-in out-lines of acetate drawings or cells, or does 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 /ANNEXE 2

KEY CREATIVE AND MANDATORY FUNCTIONS FOR VARIOUS FORMS OF FRAME-BY-FRAME TRADITIONAL ANIMATION FONCTIONS OBLIGATOIRES ET CLÉS DE CRÉATION POUR DIVERSES FORMES D'ANIMATION TRADITIONNELLE IMAGE PAR IMAGE

FUNCTION/FONCTION |CELL/ |PUPPET/ |PIXILLA-|CAMERALESS/ |CELLULO|MARION- |TION |DESSIN SUR | |NETTES | |PELLICULE Director (person)/ Réalisateur * M) * M) *M) *M) (personne) ) ) ) ) or) or) or) or) Scriptwriter and/ * M) * M) *M) *M) Scénariste et Storyboard Supervisor( persons )/ superviseur de scénario-maquette (personnes)

First or Second voice (person)/Voix * M * M *M *M des personnages principaux ou secondaires (personne) Design Supervisor (person)/Directeur * * * * artistique (personne)

Layout and Background (location)/ * * * * Maquette et arrière-plan (lieu)

Animation (location)/ Animation (lieu) *M *M - *M

Assistant Animation/ In-betweening (location)/ Aide à l'animation/Inter- * * - - vallisme (lieu)

Camera Operator and Operation (person * * *M - and location)/Caméraman et opération (personne et lieu)

Music Composer (person)/Compositeur * * * * (personne )

Editor (person)/ Monteur (personne) * * * *

Leading Actor °/Acteur principal ° *

Second leading Actor ° /Deuxième acteur * en importance °

NOTE: * indicates function to which one point is allocated/indique une fonction pour laquelle un point est accordé

M indicates function that is mandatory/indique une fonction qui est obligatoire

° if different from First or Second Voice/si différent des voix des deux personnages principaux

1987-1238 (CG-I )

SCHEDULE

1. The definition "Canadian program" in section 2 of the Television Broadcasting Regulations, 1987 is revoked and the following substituted therefor:  ""Canadian program" means a program that qualifies as a Canadian program in accordance with the criteria established by the Commission in the Appendix to Public Notice CRTC 1984-94 dated April 15, 1984, entitled "Recognition for Canadian Programs, 15 April 1984 " and published in the Canada Gazette Part I on April 28, 1984, as amended by the Appendix to Public Notice CRTC 1988-15 dated February 10, 1988, entitled "Recognition for Canadian Programs, 10 February, 1988" and published in the Canada Gazette Part I, on 20 Febuary 1988 ; (émission canadienne)"

1987-1238 (GC-I)

ANNEXE

1. La définition de "émission canadienne", à l'article 2 du Règlement de 1987 sur la télédiffusion, est abrogée et remplacée par ce qui suit :

 ""émission canadienne", Émission qui satisfait aux critères d'une émission canadienne fixés par le Conseil dans l'appendice de l'avis public CRTC 1984-94 du 15 avril 1984 intitulé "Accréditation des émissions canadiennes, 15 avril 1984" et publié dans la Gazette du Canada Partie I le 28 avril 1984, dans sa version modifiée par l'appendice de l'avis public CRTC 1988-15 du lO février 1988 intitulé "Accréditation des émissions canadiennes, 10 février 1988" et publié dans la Gazette du Canada Partie I le 20 fevrier 1988.  (Canadian program)"