* Editor's note: there are two sections designated as § 19-01.
(a) The "Made in NY" Marketing Credit Program for Digital Gaming Media Productions ("Program"), established and administered by the Mayor's Office of Media and Entertainment ("MOME"), offers opportunities to "Made in NY" digital gaming media production entities to promote their projects in major media markets that are City-owned assets or are privately owned and operated media outlets with which the City has established relationships. "Made in NY" digital gaming media production entities that apply and are approved for this Program will be provided marketing opportunities through media outlets including, but not limited to, bus shelters and subway cars.
(b) The purpose of this rule is to outline the application process for the Program. These procedures govern the allocation of marketing credits, standards for assessing evaluations and other provisions necessary and appropriate for administering and fulfilling the purposes of the Program.
(c) An approved applicant must make a monetary contribution to a listed cultural institution or community organization as a condition for receiving a marketing credit.
(Added City Record 2/14/2023, eff. 3/16/2023)
* Editor's note: there are two sections designated as § 19-02.
As used in this rule, the following terms have the following meanings:
Application form. "Application form" means the document made available by MOME that requests information necessary to evaluate an applicant's qualifications for the Program.
Applicant. "Applicant" means a digital gaming media production entity that submits a completed application form to MOME.
Certificate of marketing credit. "Certificate of marketing credit" means a certificate issued by MOME that reflects an agreement between MOME and an approved applicant establishing the amount of media assets for which the approved applicant has qualified and the dates such media assets will run, and that sets forth the terms and conditions for receiving the allocated marketing credit. The certificate of marketing credit includes such information as name and address of the approved applicant; name of the qualified digital gaming media production in connection with which the credit applies; the amount of media assets to be received by the approved applicant and the dates such media assets will run; requirements regarding the submission of artwork for the media assets; representations, warranties, and indemnification clauses; the in-credit requirement; reporting requirements; and a disclaimer stating that actual receipt of the marketing credit is subject to availability of media assets for the Program.
Commissioner. "Commissioner" means the Commissioner of the New York City Mayor's Office of Media and Entertainment.
Community benefit. "Community benefit" means a monetary contribution to a listed cultural institution or community organization of (1) a minimum of $10,000 (ten thousand dollars) for any qualified digital gaming media production with qualified digital gaming media production costs equal to $10,000,000 (ten million dollars) or more, or (2) 0.1 % (one-tenth per cent) of the qualified digital gaming media production costs for any qualified digital gaming media production having qualified digital gaming media production costs less than $10,000,000 (ten million dollars).
Digital gaming media production. "Digital gaming media production" means (1) a website, the digital media production costs of which are paid or incurred predominately in connection with (A) video simulation, animation, text, audio, graphics or similar gaming related property embodied in digital format, and (B) interactive features of digital gaming (e.g., links, message boards, communities or content manipulation); (2) video or interactive games produced primarily for distribution over the internet, wireless network or successors thereto; and (3) animation, simulation or embedded graphics digital gaming related software intended for commercial distribution regardless of medium. Some examples of a digital gaming media production include, but are not limited to, the following:
(i) video or interactive games, including extensions of video games, provided their content is new and playable for an end-user;
(ii) simulation software;
(iii) interactive educational or training products; and
(iv) software applications that provide connectivity and communications between mobile devices and digital gaming media production web platforms.
Digital gaming media production costs. "Digital gaming media production costs" means
(i) any costs for wages or salaries paid to individuals directly employed for services performed by those individuals directly and predominantly in the creation of a digital gaming media production or productions, not exceeding $100,000 per individual; and
(ii) payments for services performed or property used directly and predominantly in the development (including concept creation), design, production (including testing), editing (including encoding), and compositing (including the integration of digital files for interaction by end users) of digital gaming media.
"Digital gaming media production costs" do not include:
(i) wages, salaries, or other income distribution paid to any person who serves in the role of chief executive officer, chief financial officer, president, treasurer, or similar position if the applicant has more than ten employees,
(ii) any income or other distribution including, but not limited to, licensing or royalty fees, to any individual who holds an ownership interest in the applicant, whether or not such individual is serving in the role of chief executive officer, chief financial officer, president, treasurer, or similar position,
(iii) costs incurred for the acquisition of intellectual property rights of a character from a third party,
(iv) distribution costs,
(v) costs incurred in the marketing, promotion or advertising of a digital game, and
(vi) other costs not directly and predominantly related to the creation, development, design, production, editing, or compositing of a qualified digital gaming media production.
Digital gaming media production entity. "Digital gaming media production entity" means the person who is directly responsible for payment of the direct production expenses of a qualified digital gaming media production.
In-credit requirements. "In-credit requirements" means those acknowledgements within the qualified digital gaming media production that an applicant agrees to provide as a condition for participation in the Program.
Listed cultural institution or community organization. "Listed cultural institution or community organization" means an organization that is recognized by the Internal Revenue Service as tax-exempt pursuant to Internal Revenue Code section 501(c)(3) that is located in New York City and has been identified, either by the New York City Department of Cultural Affairs or through New York City Council Participatory Budgeting, as an organization that supports and strengthens New York City's creative community or neighborhoods.
"Made in NY" logo. "‘Made in NY' logo" means the City's federally registered trademark that consists of the words "Made in NY" within a circle.
Marketing credit. "Marketing credit" means an allocation of media assets made available through the Program, that is free of charge to an approved qualified digital gaming media production.
Media asset. "Media asset" means available advertising media including, but not limited to, bus shelters and subway cars that MOME makes available to an approved applicant for a qualified digital gaming media production.
MOME. "MOME" means the New York City Mayor's Office of Media and Entertainment.
Person. "Person" means an individual, partnership, corporation or other type of legal entity.
Program. "Program" refers to the "Made in NY" Marketing Credit Program for Digital Gaming Media Production.
Qualified digital gaming media production. "Qualified digital gaming media production" means a digital gaming media production that meets the following qualifications: (1) at least 75% of its digital gaming media production costs are qualified digital gaming media production costs; (2) its digital gaming media production costs are at least $100,000 per production; and (3) the production was completed no more than twenty-four months prior to the date of application to the Program and is scheduled for its first release no less than 60 days from the date of application.
A "qualified digital gaming media production" does not include a website, video, interactive game or software that is:
(i) used predominantly for electronic commerce (retail or wholesale purposes other than the sale of video or interactive games),
(ii) used predominantly for gambling (including activities regulated by a New York gaming agency),
(iii) used for predominantly for political advocacy purposes, or
(iv) depicts obscene material as defined in section 235 of the New York Penal Law.
Qualified digital gaming media production costs. "Qualified digital gaming media production costs" means digital gaming media production costs incurred directly in New York City and are attributable to work performed, the use of property, or the performance of services within New York City.
(Added City Record 2/14/2023, eff. 3/16/2023)
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