In an event organized by MEPs Dolors Montserrat and Rosa Estarás, the Spanish film industry has raised its voice in the heart of Europe. María Luisa Gutiérrez, a key figure behind the success of the Torrente saga, has requested an urgent review of the film law to shield the definition of an independent producer, a concept she currently considers "distorted" by the influence of large communication services.
The battle for a real definition
Gutiérrez remembered with bitterness the "lost battle" during the processing of the General Audiovisual Communication Law. According to the producer, last-minute nuances were introduced that allow companies dependent on large groups to end up operating under the label of "independent" according to the project.
"What we wanted is for there to be a single definition: either you are participated by a large group or you are not," she stated emphatically. For the president of AECINE, the current ambiguity in the Spanish and European communication services allows any actor to distort market entry, hindering real competition.
The cultural heritage at stake
One of the most critical points of his intervention was the sovereignty of audiovisual heritage. Gutiérrez warned that when a production company works under the "original" model for a platform based in the United States, intellectual property (IP) leaves Europe.
"If you make content for a foreign platform, the heritage stays in the U.S.", he explained. Being independent, on the other hand, ensures that the cinematographic cultural heritage stays in our home. Although the business risk is total, the independent producer retains the rights and can continue exploiting their work after the first sales cycle, generating long-term structural wealth.
Gutiérrez stressed that this struggle is not only economic, but also one of identity. He defended that the independent producer is the only guarantor that the cinematographic cultural heritage stays in our home. He warned that, when "original" content is produced for platforms based in the United States, intellectual property (IP) flies outside our borders.
"Independence is noted in the ability to disseminate stories without being constrained by large corporations," she affirmed. According to the president of AECINE, creative freedom is linked to ownership: while the independent assumes a total business risk, they also maintain the rights that allow the film to continue generating long-term income, beyond the first exploitation cycle.
The risk of being "waiters" of content
With a very direct metaphor, Gutiérrez compared the model of large platforms with the service sector: "If you make an original for a platform, you earn more money quickly, but you become a kind of waiter; you work for someone else and you don't keep the retention of rights".
The production company also pointed out the competitive disadvantage compared to service providers that do not pay taxes in Spain and, therefore, evade the obligation to finance European cinema. While large groups have structural income, the independent producer must "start over" with each project, facing minimal funding sources and the pressure from private sources, which only seek products with assured sales.