Good news for film producers: a new European co-production convention for TV series

On 26 November the Council of Europe approved the text of a new European co-production convention for television series. In broad terms the convention for TV series follows the existing convention for feature films. For producers this means that the legal protection you know from international film productions now applies to series as well. Think of clear arrangements on rights, revenues and collaboration. The convention is an attempt to carry the co-production rules so familiar in feature film production across to television series.

The convention will be opened in early 2026 for signature and ratification by the member states of the Council of Europe and the states party to the European Cultural Convention (Paris, 1954). It will enter into force once three states have ratified it. That is expected to be at the end of 2026 or early in 2027.

The convention distinguishes between three types of TV series: scripted fiction, animation and documentary.

It also distinguishes between co-producers, independent co-producers and media service providers. A media service provider (“MSP”) is the natural or legal person with editorial responsibility for the choice of the audiovisual content and the organisation of an audiovisual media service.[1]
In practice these are often streaming services such as Netflix or Videoland, but traditional broadcasters as well. The convention deliberately separates those parties from independent producers in order to strengthen the position of the independent producer.

A co-producer can be any party connected to the project through a co-production contract, an MSP included. For independent producers, the convention takes whatever definition national legislation uses in the producer’s own country. Where national law has no such definition, an independent producer is one in which no MSP holds a majority interest, directly or indirectly, and which is not wholly or largely dependent on a single MSP or group of MSPs for the financing of its productions.

The convention applies to bilateral co-productions involving at least two independent co-producers, each from a different contracting state, and to multilateral co-productions involving three or more independent co-producers from different contracting states. MSPs may be parties to the co-production agreements.

In the case of a multilateral co-production the convention takes precedence over any bilateral co-production treaties between the countries involved in that co-production. In the case of a bilateral co-production the convention takes precedence over an existing bilateral agreement only where that is expressly chosen.

The co-production has to satisfy articles 6 to 8 of the convention and reach a minimum number of points.

In a bilateral co-production the minimum financial contribution of a co-producer must be at least 10%. For multilateral co-productions the minimum contribution is at least 5% and the maximum contribution is 80%.

This convention guarantees that you, as a producer, retain a say and can share in the success of your series, including after the first licence period has ended.

The rights in the co-produced TV series must lie at least in part with the independent co-producers (in relation to the financial contribution the convention refers only to co-producers). This is a game changer for producers. Previously we often saw streaming platforms claiming all the rights. This convention guarantees that you, as a producer, retain a say and can share in the success of your series, including after the first licence period has ended.

Where co-producers from non-contracting states are involved, their share in the rights in the TV series may never exceed 30%.

The convention also provides that the independent co-producers must have a share in the revenues, that exploitation rights may not be granted in perpetuity, and that a licence period must be such that the independent co-producer can benefit from the “residual value”, that is to say the opportunity to re-license.

For you as a producer, this new convention means you will finally gain insight into how your series is performing: essential information for future negotiations and follow-up projects.

An important and novel point is the obligation the convention imposes on MSPs (and their subsidiaries) involved in an official co-production to provide audience data and information about the exploitation of the TV series. That information has to be provided to all co-producers. In practice this was always a stumbling block: platforms guarded viewing figures and performance data jealously. For you as a producer, this new convention means you will finally gain insight into how your series is performing: essential information for future negotiations and follow-up projects.

The co-production must be initiated by an independent co-producer, and the independent co-producers must contribute to and be involved in the technical and artistic decisions.

For each type of TV series there is a separate points table: a scripted fiction series has to score at least 24 out of a possible 31 points. An animation series has to score at least 26 out of a possible 40, and a documentary series at least 13 out of 26. The convention allows the competent authorities (for the Netherlands that will doubtless be the Netherlands Film Fund) to grant official co-production status to a co-production that does not reach the minimum number of points. The points system looks at criteria such as where the series is shot, the nationality of cast and crew, and where post-production takes place. The more “European elements”, the more points. The authorities can make exceptions where you fall just short, for instance where there is an artistic necessity for a particular international cast.

Where there are several seasons, a fresh application has to be submitted for each season.

Above all the convention offers extra protection for the independent producer: more say over rights, transparency about viewing figures and guarantees for long-term revenues.

All in all, this new European co-production convention offers concrete new possibilities for producers of TV series, broadcasters and streaming services. Above all it offers extra protection for the independent producer: more say over rights, transparency about viewing figures and guarantees for long-term revenues. The convention is expected to enter into force at the end of 2026 or early in 2027, so it is sensible to familiarise yourself with the conditions now.

Would you like to know how this convention strengthens your position as a producer, or do you have questions about international co-productions? Get in touch with film law specialists Roland Wigman or Merel Teunissen.

[1] The convention does not define who or what an audiovisual media service is; for that one must (probably) turn to the Audiovisual Media Services Directive (Directive 2010/13/EU, as amended by Directive 2018/1808/EU), which means, in short, a television company or SVOD provider.

Also published on LinkedIn.