Film i Skåne’s Regulations for Co-Production of Film and TV

Adopted by the board of Film i Skåne 2024-09-19.
Translation of the Legal Agreement (original document in Swedish)

Film i Skåne is a region-owned company under Region Skåne Holding, responsible for managing regional film-related matters broadly.

Film i Skåne aims to be a leading public player in the Scandinavian film industry and Skåne one of the most dynamic film regions, by virtue of both artistic and public successes together with a sustainable and competent regional film industry. Film i Skåne invests in films and drama series of high artistic quality and/or high audience appeal. Film in Skåne’s co-productions must ensure that Skåne’s film industry develops in a favorable way, that capital is attracted to Skåne and that Skåne as a place and its inhabitants are portrayed in moving images.

Below, the term Film and Films refers to feature films and TV series in all genres and lengths co-produced by Film i Skåne.

1. Purpose of Film i Skåne’s co-production of Film:

1.1 To work for high artistic quality in co-produced films.

1.2 To work for a large public impact with the Films that are co-produced.

1.3 To work for Skåne’s film industry to develop in a favorable way.

1.4 To contribute to increased economic activity in the region through the attraction of national and international capital in connection with films being produced in Skåne.

1.5 To work, through a regional perspective, for a broadening and renewal in terms of form, content, and financing of Swedish Film.

1.6 To ensure that the region’s film talents are given the opportunity to reach their potential as filmmakers.

1.7 To put Skåne on the map by helping to promote international co-production and international exchange.

1.8 That Film i Skåne’s co-produced films must reach, concern and engage citizens in Skåne.

1.9 To work for the film industry to change to conduct production as environmentally friendly as possible and to participate in establishing best practice for sustainable film production.

2. General

2.1 Film i Skåne’s regulations for the co-production of film and TV are compatible with the European Commission’s regulations for block exemptions for state aid with the intention of promoting culture and preserving cultural heritage according to Article 107.3 of the TFEU and Commission Regulation No. 651/2014, GBER.

2.2 Film i Skåne’s investments in film and TV production are made in accordance with the regulation’s article 54 in section 11; Aid scheme in favor of audiovisual works. Film i Skåne’s decision on initiatives is based on priorities according to 3.6 below and the assessment criteria specified under point 4.

3. Provisions for co-production

3.1 The producing parties for a Film are called Co-Producers and Film i Skåne must be included as one of the co-producing parties. The main producer of the film is referred to below as the producer.

3.2 The parties must enter into an agreement, called a co-production agreement, in which Film i Skåne must be a signing party.

3.3 Film i Skåne shall together with the other parties produce, finance, own and manage the Film.

3.4 Film i Skåne’s contribution to the film is called co-production investment.

3.5 Film i Skåne can participate financially in the development of a film project. Any development investment from Film i Skåne to the Film must be included in Film i Skåne’s total investment.

3.6 A co-production investment from Film i Skåne requires that all or parts of the Film’s production are relocated to Skåne. High spending in Skåne is one of the priority criteria for Film i Skåne’s decision to participate as a co-producer, and agreed spending is determined in the co-production agreement. If the agreed expenditure in Skåne is not achieved, the producer will be liable for repayment according to conditions that must appear in the co-production agreement.

3.7 The producer shall have full responsibility for the financial and content management of the production and shall guarantee the execution and distribution of the production.

3.8 The production of the Film must be carried out in accordance with the application and the description of the Film which forms the basis for Film i Skåne’s position. Changes from the original application must be approved by Film i Skåne.

3.9 Swedish labor law and occupational health legislation and collective agreements must be followed. Exceptions may occur in international co-productions where the main producer’s company is not registered in Sweden. If this is the case, the main producer’s own country’s laws in this area must be followed.

3.10 Film i Skåne may not enter into co-production with or pay out co-production input to production companies that have debts to the Swedish Tax Agency or the Swedish Kronofogden, nor with companies that are undergoing liquidation, reconstruction or bankruptcy. The same applies to production companies that have unsettled debts or repayment claims to Film i Skåne. Film i Skåne may also not pay out co-production input to a company that is subject to payment requirements due to a decision by the European Commission declaring a contribution illegal or incompatible with the internal market.

4. Decision order and assessment criteria

4.1 An application to Film i Skåne must be submitted digitally to Film i Skåne’s application portal. The application must contain information about the applicant production company, script, cast, project description, timetable, budget, expenditure estimate for Skåne and financing plan where the requested co-production investment is stated. Furthermore, the director’s vision, schedule and distribution plan as well as all other relevant documents must be provided to Film i Skåne.

4.2 Prior to decisions and continued discussion about co-production, Film i Skåne must receive a budget proposed by the producer, broken down with information about spending in Skåne. Spending refers to production-related costs in Skåne that refer to salaries for people registered in Skåne or the purchase of goods and services by companies with a permanent place of business in Skåne and with employed staff in Skåne. Purchases of consumables in connection with production are counted as expenditure provided that the purchase address is in Skåne.

4.3 Film i Skåne’s Production Group processes applications. Decisions about which films are to be co-produced are made in accordance with the delegation order established by Film i Skåne’s board. The decisions are reported to Film i Skåne’s board.

4.4 Co-production investments are made in films assessed to have artistic and/or audience potential.

4.5 The size of the investment is related to the scope of the production in Skåne, the size of spending in Skåne, the use of resources and personnel from Skåne’s film industry and the significance and relevance of the film.

4.6 Gender equality and diversity must be considered. Film i Skåne’s co-productions must have a breadth and representativeness in the storytelling perspective.

4.7 A careful assessment is made of the producer’s conditions to carry out the production. The producer must be established and have documented experience. Exceptions can be made for short films, talent investments and low-budget films.

4.8 Film i Skåne accepts applications from all professional international producers with established production companies within the EU. However, Film i Skåne can require the production to engage a co-producer in Sweden/Skåne with responsibility for the execution of the production in Sweden.

5. Requirements and conditions for co-production

5.1 Samproduktionsavtal

5.1.1 It is the responsibility of the producer to draw up proposals for co-production agreements, including necessary appendices. This must be negotiated between the co-producers.

5.1.2 In order for the co-production agreement to be signed, the producer must prove that the film, including Film i Skåne’s contribution, is fully financed and that the distribution is guaranteed. All appendices included in the co-production agreement must have been reviewed by Film i Skåne before the co-production agreement can be signed.

5.1.3 “Film i Skåne regulations for co-production of film and television” must be included as an appendix to the co-production agreement and have been approved by the producer.

5.1.4 Film i Skåne’s investment is normally paid as follows: upon signing, upon recording start, upon completion of recording, upon delivery of the Film and upon final accounting. A deviating payment plan may be relevant if the production’s cost structure provides a basis for it. The co-production agreement must be signed by all co-producers before Film i Skåne can make its first payment.

5.1.5 The agreement must state that the producer must keep a separate account for costs that are processed in Skåne according to point 3.2. The accounting must be revised by an authorized accountant who must certify that reported costs are valid spending in Skåne (does not apply to co-production investments under SEK 500,000). When Film i Skåne so requires, the producer must also mark in the report costs incurred in individual municipalities in Skåne.

5.2 Share of ownership and income

5.2.1 Film i Skåne’s contribution is an investment and not a grant, which means that Film i Skåne must share in the revenue according to the same conditions as the film’s other co-producers. The basic rule is that Film i Skåne must have a share of the Film’s revenue – from all territories and all media – pro rata the co-production capital and in a position parallel to other co-producers (pari passu).

5.2.2 Grants, soft loans, pre-sales of rights, minimum guarantees, scholarships, and similar contributions are not considered co-production capital.

5.2.3 Film i Skåne does not accept negative special treatment. If this happens, Film i Skåne has the right to withdraw from the Film.

5.2.4 The producer must regularly report and settle the Film’s revenue in the first year from the Film’s premiere, thereafter at intervals according to the co-production agreement.

5.3 Right to oversee production

5.3.1 The producer must continuously keep Film i Skåne informed about the progress of the production, especially if there are deviations from the established schedule and budget.

5.3.2 Film i Skåne must have the opportunity to follow the production on location, see daily shoots and visit the editing room and other post-production rooms. Film i Skåne must agree with the producer on the appropriate time for these visits.

5.3.3 Film i Skåne shall during post-production be given the opportunity to take part in the Film to the extent Film i Skåne wishes. The producer must provide Film i Skåne with the opportunity to view and submit comments on the proposed final version in good time before the Film is locked. The producer must consider any views from Film i Skåne.

5.3.4 Film i Skåne shall, without request, receive a team list with titles and e-mail addresses of all employees as well as contractors and suppliers. This must be submitted at the start of the recording and updated at the end of the production.

5.3.5 Film i Skåne works actively to make film recordings more environmentally friendly and sustainable. The producer must deliver documentation and statistics to be able to make assessments about the production’s environmental footprint.

5.4 Publication of decisions

5.4.1 Film i Skåne’s decision to invest in a Film is published annually on Film i Skåne’s website, with information such as the title of the production, production company and the size of Film i Skåne’s investment. In addition to this, Film i Skåne must comply with the requirements for publication, reporting and record keeping that follow from Section 12 a of the Act (2013:388) on the European Union’s state aid rules and the regulation (2016:605) on the application of the European Union’s state aid rules.

5.5 Leverans

5.5.1 The completed Film must be delivered, free of charge, to Film i Skåne via a digital upload to Film i Skåne’s server. Instructions and specifications of file formats and resolutions to be delivered are to be included in the co-production agreement.

5.5.2 Along with the delivery, other material in the form of still images, marketing materials, teasers, trailers, etc. must also be delivered.

5.6 Marketing of the Film

5.6.1 Film i Skåne must, in consultation with the producer, decide on a plan for launching and marketing the Film, which includes, for example, a press visit during the filming. Film i Skåne must be mentioned in all information about the film and publication in the media must take place in consultation with Film i Skåne.

5.6.2 In connection with the launch, the producer must provide Film i Skåne with marketing material and support for press material, posters, still images, trailer, free of charge. The material is uploaded to Film i Skåne according to instructions in the co-production agreement.

5.6.3 Film i Skåne shall have the right to use delivered material, such as images, filmed material, trailers, etc., in the marketing of its own business.

5.7 Creditering

5.7.1 Film i Skåne must be credited as a co-producer in the Film’s opening and end credits in a similar way as the Film’s other co-producers. Film i Skåne must also be credited as a co-producer on the Film’s poster and in other paid advertising as well as in all printed material that presents and markets the Film.

5.7.2 Film i Skåne must approve the design of the film’s opening and end credits in their entirety.

5.7.3 Film i Skåne’s logo must be included in the Film’s credits and on all material that presents and markets the Film.

5.7.4 When other co-producers’ decision-makers receive personal credit, Film i Skåne’s production manager or decision-making consultant must receive equivalent name credit.

5.8 Regional premiere

5.8.1 A special premiere must be arranged in Skåne, which the film’s producer together with the distributor is responsible for carrying out.

5.8.2 Film i Skåne must be involved in the decision on where the premiere will take place. Consultation must take place with the producer and distributor about a suitable date.

5.8.3 The film’s producer and director must attend the premiere. It is the producer’s responsibility to pay for the premiere attendance for the producer, the director and any other key people involved in the Film, such as for example the Film’s actors.

5.9 Statistik

5.9.1 After the Film’s Swedish premiere, the producer undertakes to provide weekly information to Film i Skåne about the number of cinema visits during the time the Film is shown in Swedish cinemas.

5.9.2 The producer must also, to a reasonable extent, provide viewing figures from viewing on TV as well as statistics linked to viewing on other platforms.