MEDIA AND ENTERTAINMENT

Media and Entertainment is one of the areas in which our firm has rapidly developed considerable expertise over the past few years. Our Media and Entertainment Law Department is dedicated to the areas of film and television production and music and entertainment law generally. The department advises clients on the contractual and financing arrangements (especially via international co-productions structures) for feature films and television programming, as well as dealing with the contractual arrangements for talent and other participants in those production activities. We also advise on legal issues arising from music business, recording and music publishing agreements, as well as advising in the area of copyright law and other intellectual property rights. Our work in this field includes the following areas:  

 

FILM-FINANCING 

 

Mamo TCV will be able to advise on all aspects of film finance, from equity finance, bank lending to TV licensing. We will be able to advise you at any stage of your negotiations. The department draws on the experience of the Banking and Finance department in advising on all areas of film finance and production. 

 

INTERNATIONAL CO=PRODUCTIONS 

 

The difficulty in raising finance together with the parallel growth of the average costs of film production are turning international film co-production arrangements the rule of the day. 

 

A co-production can be achieved either through a bilateral (or tripartite) co-production contract between several production companies or within the terms of an official co-production treaty. If a co-production is structured in compliance with a co-production treaty, the film may claim the nationality of both (or all) of the countries which are party to that particular treaty, and therefore be eligible for national subsidies and other benefits, including tax shelter schemes. 

 

Malta currently has a co-production treaty with Canada and has ratified the European Convention on Cinematographic Co-Production. The Convention (now in force for Malta) has in effect provided Malta with bilateral co-production treaties with twenty-eight other European countries. The Convention is currently in force in Austria, Azerbaijan, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Russia, Slovakia, Spain, Sweden, Switzerland and the United Kingdom. It has also been signed by Armenia, Belgium, Croatia, Slovenia, Turkey and the Holy See. 

 

Mamo TCV may assist you in the drafting and negotiating of any co-production arrangements that you may require. The intricacies of qualification need to be fully understood to ensure that the appropriate national authorities will accept a film for qualification. With our extensive understanding of the treaty and the European Convention structure, we can help you identify the likely pitfalls for qualification and find the most appropriate co-production structures. 

 

 

CONTRACTUAL ARRANGEMENTS FOR FILMS AND TELEVISION PRODUCTION 

 

Mamo TCV can assist you throughout the whole process of film production that is from the initial development stages such as the acquisition of the rights in the underlying material up to the exploitation of all the rights in the film. We will also be able to advise you as regards any security matters concerning local lending facilities and copyright issues. The firm has acted as production lawyers on audiovisual projects for the international market and provided legal services on numerous feature films. 

 

Location arrangements including the obtaining the necessary permits and/or licences 

 

Mamo TCV will be able to assist you in any location arrangements that you may require and will be able to provide general advice on regulatory issues, licenses and authorisations. 

 

TALENT AGREEMENTS 

 

Apart from the financing documentation for feature films / television drama, we will be able to provide the contracts for the director and the main talent including if applicable, heads of department. We can also assist you with the drafting of contracts for the larger part of the cast and crew. 

 

EMPLOYMENT ISSUES 

 

Mamo TCV will be able to advise on local employment laws and regulations. The department draws on the experience of the Employment and Industrial Relations department in advising on employment issues. 

 

ACCESING MALTESE BENEFITS 

 

The firm will be able to offer you alternative structures and will assist you in choosing the best option for your project. We can advise on tax based and other related incentives. 

 

CONTRACTUAL ARRANGEMENTS FOR THE MUSIC BUSINESS 

 

Mamo TCV will be able to advise and assist in the preparing and negotiating contracts relating to the music industry. The firm advises on recording contracts, music publishing, management agreements, merchandising deals and live performance agreements. 

 

DISPUTE RESOLUTION 

 

Our Litigation department is experienced in advising clients on media and entertainment related issues in particular defamation, libel, rights protection and dispute resolution. 

 

OTHER RELATED ISSUES  

 

In addition to the above, we advise our clients on all corporate and commercial issues (including company set-up), copyright and other intellectual property rights issues, banking and financial transactions and any tax and property matters that may arise.