Europe United on Series – Council of Europe Convention on Co-production

 Poland has signed the Council of Europe Convention on the Co-production of Television Series (the “Convention”), but it has not yet been ratified. The signing took place in Lille; alongside the Polish Secretary of State at the Ministry of Culture and National Heritage, the document was signed by eight representatives of other countries. This is a significant step for independent producers: the Convention facilitates the acquisition of funding from co-producers in other countries and clarifies the rules of cooperation.

Who will the Convention apply to?

The Convention applies to so-called “official co-productions” (bilateral and multilateral) carried out by “independent co-producers” from the contracting states, including those involving partners from outside the Convention. The status of ‘official co-production’ is granted to series that meet the requirements of Articles 6–8 and the criteria set out in Annex I.

The key requirements are as follows.

Firstly, co-producers must meet the criterion of “independence”, which should be based on national law and, in the absence of relevant regulations, on the principles set out in the Convention. In practice, a co-producer: (i) must not be under the majority, direct or indirect control of a media service provider; (ii) must not finance its productions entirely or predominantly from the funds of a single media service provider (or group of media service providers); (iii) should be solely responsible for the provision of works and ensure their distribution with the involvement of various partners

Secondly, the Convention sets out a range of financial contributions for individual countries participating in an official co-production. This is intended to prevent situations where one partner’s contribution is purely symbolic or, conversely, dominant. In bilateral co-productions, the minimum financial contribution of a co-producer from one country is 10% of the total production costs of the series, and the maximum is 90%. In multilateral co-productions, these ranges are 5–80% respectively.

Thirdly, the co-production agreement must guarantee each independent co-producer a share in the joint ownership of the rights to the finished work, which should take into account the financial, creative and technical contributions of the individual parties. The participation of producers from countries not party to the Convention is permitted, but the total share of rights granted to such entities may not exceed 30%. The Convention prohibits the conclusion of ‘perpetual’ licence agreements – licences may not be granted for an indefinite period, and exploitation periods must be structured in such a way that producers can benefit from the so-called residual value of the rights (e.g. subsequent broadcasts, sales to new territories).

Fourthly, the series must be initiated by at least one independent co-producer. Each co-producer must make a genuine technical and artistic contribution, and key creative and production decisions must be taken jointly.

Fifthly, the Convention introduces a points-based eligibility criteria for series (separately for drama, animation and documentary) and a procedure for obtaining status. The application is submitted before filming begins, and upon completion of the season, the status is confirmed on the basis of the required documents (including the rights chain, budget and financial plan).

Official co-production status must be applied for separately for each season.

It is worth noting that not all productions will be eligible for this status. The Convention does not apply to series that are grossly pornographic, incite discrimination, hatred or violence, or seriously violate human dignity.

Benefits under the Convention

An official co-production is treated on a par with domestic works and, consequently, may benefit from the financial advantages provided by the parties to the Convention for such productions. These rights are available to every co-producer according to their place of establishment, which in practice means access to: (i) national support schemes, (ii) tax relief, (iii) public funds allocated to audiovisual productions.

The Convention also introduces clear and predictable rules for international cooperation: (i) it specifies the minimum and maximum financial contributions of co-producers, (ii) it clarifies issues of rights ownership and exploitation rules, (iii) it requires genuine creative and technical involvement from co-producers.

The Convention strengthens the position of independent producers, emphasising their key role in the creation and development of series and providing protection through clear criteria for independence. It guarantees them a share in the rights to the series and the opportunity to benefit from its subsequent exploitation, whilst requiring genuine participation in the most important creative and production decisions. As a result, independent producers gain greater autonomy, stability and influence over the final shape of the co-production.

The Convention provides for logistical facilitation: it streamlines the entry and stay of production personnel and procedures for obtaining work permits, and also allows for the temporary import and export of necessary equipment.

Each of the countries co-producing the series is listed in the closing credits and in all marketing materials relating to the series.

Summary

Poland’s signing of the Council of Europe Convention on the Co-production of Audiovisual Series is an important step towards increasing the competitiveness and production capacity of the Polish market. The document introduces uniform and transparent rules for international cooperation, as well as tangible financial and legal support for independent producers. It paves the way for accessing support schemes in co-producers’ countries, clarifies issues regarding rights to the work, and facilitates production logistics (including the movement of crews and equipment). At the same time, it establishes clear criteria for obtaining ‘official co-production’ status, increasing the predictability of the entire process. In practice, this means access to new financing tools and more stable operating conditions on the European market.

Sources

https://www.gov.pl/web/kultura/podpisalismy-konwencje-rady-europy-o-koprodukcji-utworow-audiowizualnych-w-formie-seriali

https://search.coe.int/cm#{%22CoEIdentifier%22:[%220912594880298095%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}