(R)evolution of the Digital Single Market? An analysis of the effects of the proposed Digital Single Market on the cross-border circulation of European non-national features and documentaries

The European film industry produces over a thousand films a year, from big budget features to more niche arthouse films and documentaries. The productions gained more and more domestic market share and international recognition e.g. awards for The Artist (2011) and The Act of Killing (2012). However as qualitative as these films might be their circulation is still marginal. Only small amounts of non-national European feature films go beyond their own borders. For creative documentary films, this amount is even smaller. When they do secure distribution they struggle to survive in a market dominated by the Hollywood blockbusters and national content for feature films and the dominating fiction market for documentaries. Consequently releases are very limited and only have a short life span.
However, film distribution is being turned upside down by new digital technology. The Weinstein Company for instance released Snowpierecer (2013) via VoD while the film was still in the cinema and Netflix bought up all the rights of the celebrated documentary Virunga (2014).
European policymakers have picked up on these changes. The newly installed European Commission proposes the set up of a Digital Single Market aiming at free flow of online services and entertainment across national borders. In terms of film release this would mean that a non-national European film released on a digital channel in one country could be watched in any of the 28 member states.
This paper examines the response of European distributors and policymakers to these new challenges, in particular: Could the new market for VoD increase the cross-border distribution of European non-national films and will features and documentaries respond differently to the plans? The paper draws on a multi-methodological approach combining desk research, an analysis of policy documents and interviews with key stakeholders in order to argue that European release window policy is at a decisive crossroads.