Europe’s first co-pro legislation set to be introduced

The first ever set of rules around international co-productions are set to be introduced at Series Mania next week, with producers promised stronger rights protection and more equitable participation in revenues.

The Council of Europe’s (CofE) Convention on the Co-production of Audiovisual Works for Series was unveiled late last year and provides the first legal framework specifically dedicated to the independent co-production of series for TV and streaming.

The Convention, details of which can be found below, will be opened for signature during a ceremony on 26 March in Lille by Council of Europe secretary general Alain Berset.

It will come into force upon ratification by three countries and promises “clearer criteria” for financial and creative contributions, as well as more predictable rules around ownership and rights.

Designated co-productions will also be able to access national financial support in participating countries more easily, the CofE said.

Rules of engagement

The new rules are being introduced amid a tightening of scripted budgets across Europe and the US, with co-productions one way to mitigate rising costs.

European partners have frequently partnered to raise budgets on pricey shows such as Kabul, while The Alliance (Italy’s Rai, France TV and Germany’s ZDF) formed The Alliance to co-produce high-end series including Around the World in 80 Days and The Kollective.

ZDF has also recently partnered with the BBC (which is part of the Council of Europe) on A Good Girl’s Guide to Murder and Honey, both of which have Germany’s ZDF onboard.

However, the Convention for TV series – which will join a similar film-focused regulation already in effect – aims to provide a “distinct set of rules” around a co-pro, with the ambition being to improve cross-border partnerships, reduce admin, and “create clearer rules for rights and revenue sharing”, the Council of Europe said.

It added that the “concrete changes” would improve planning certainty and lower the risks around international series productions.

The Convention will apply to scripted, documentary and animation works made up of episodes of any length and destined for any platform. Each season will be judged independently.

Series qualifying as official co-productions between companies in two countries must see one party paying at least 10% of budget, while those involved in multilateral co-pros must contribute at least 5%, with a maximum contribution of 80%. At least one independent co-producer must be onboard a project for it to qualify.

On the rights front, an ‘official’ co-production will “guarantee to each independent co-producer an ownership share of rights to the finished work”, reflecting each parties’ financial contribution and “their creative and technical expenditures”. If a party is not signed up to the Convention, their share in the project cannot exceed 30%.

A share of rights and revenues will also be provided to each independent co-producer, while ‘in perpetuity’ deals will not be allowed. Broadcasters and streamers must also provide audience data to other parties involved. More info here.

“Series are one of the defining cultural forms of our time, reaching audiences across borders and bringing different perspectives into our homes,” said Berset.

“With this convention, we are opening a new international framework to support independent producers and strengthen cooperation. I encourage all 46 Council of Europe Member States – and countries beyond – to join us in making culture a force for cooperation and democracy.”

Laurence Herszberg, founder and general director of Series Mania, added: “We are honoured to host this historic signing at Series Mania as part of the Lille Dialogues, our international summit bringing together political decision makers and leading industry figures to shape the future of Europe’s audiovisual sector.

“This Convention marks a major step forward for the industry. It will help bring more diverse series to audiences across Europe and beyond, a mission that has always been at the heart of Series Mania.”

Berset will also deliver an opening speech to the Series Mania’s Lille Dialogues strand, which brings senior execs together to discuss the sector’s major strategic challenges.