Legal analysis of "The New Year That Never Came"

How Bogdan Mureșanu’s Venice Prize Film Demonstrates the Importance of Legal Strategy in International Co-Productions

by Claudia Roggero, Entertainment Attorney | December 17, 2025

Preview: When a Romanian debut filmmaker wins the Orizzonti Prize at Venice with a film co-produced between Romania, Serbia, and Creative Europe support, behind the artistic success there’s always a solid legal structure. Let’s analyze “The New Year That Never Came” by Bogdan Mureșanu as a case study of excellence in international rights management.

The Film: A Revolution in 138 Minutes

“The New Year That Never Came” (Anul Nou care n-a fost) by Bogdan Mureșanu conquered international critics in 2024, winning Best Film in the Orizzonti section of the 81st Venice Film Festival.

The film tells the final hours before the Romanian revolution of December 1989 through six interconnected stories: an actress forced to perform propaganda, a father terrified by his son’s Christmas letter wishing for the dictator Ceaușescu’s death, students attempting to escape across the Danube. A choral tragicomedy that builds tension until the explosive final sequence set to Ravel’s Bolero.

Results:

🏆 23 international awards
🎬 European Film Awards nomination (European Discovery 2024 – Prix FIPRESCI)
💰 90,000+ cinema admissions in Romania (arthouse record)
🌍 Distribution in 20+ countries
📺 Italian release: December 4, 2025 (Trent Film)

But what makes this case particularly interesting from a legal perspective is the complexity of its production structure.

The Structure: Anatomy of a European Co-Production

The Players

Main Production:

Kinotopia (Romania) – Production company founded by Mureșanu himself

Co-Production:

All Inclusive Films (Serbia)
Chainsaw Europe (Romania)
Romanian National Television (TVR)

In association with:

Nomad Solo
Creative Europe – MEDIA (funding support)

Distribution:

Sales Agent: Cercamon (international)
Italy: Trent Film
France: Memento Distribution
[Other territories in negotiation]

Why This Complexity?

The choice to structure the project as an international co-production is never casual. It offers concrete advantages:

1. Access to Multiple Funds

Romanian Film Centre (CNC)
Serbian Film Centre
Creative Europe – MEDIA
Romanian Ministry of Culture
Romanian tax incentives

💡 Legal implication: Each funding source has different requirements for rights ownership, reporting, and credit obligations. The contractual structure must balance all these interests.

2. Tax Optimization

Romania and Serbia offer different cash rebates and tax shelters. A co-production allows maximizing incentives.

⚖️ Legal challenge: Coordinating different tax regulations and ensuring compliance in both countries.

3. Access to International Talent

Cast, technical crew, post-production facilities – co-production allows drawing from the best available talent.

📋 Necessary contracts: Cross-border service agreements, management of VISA/work permits, social security.

4. Optimized Territorial Distribution

Each co-producer brings distribution network in their domestic market.

🎯 Chain of Title: Essential that territorial distribution rights are clearly split from the co-production agreement.

The 5 Crucial Legal Challenges (And How to Solve Them)

1. The Co-Production Agreement: The Heart of Everything

The co-production contract is the most important document. It must regulate:

✅ Ownership Split Who owns what? In the case of “The New Year That Never Came”:

Kinotopia (Romania): Majority stake + creative control
All Inclusive Films (Serbia): Minority stake + Serbia distribution rights
Chainsaw Europe: Technical services + equity participation

✅ Decision Making

Creative decisions: Only Mureșanu (director-producer)
Financial decisions: Require majority stake approval
Main casting: Producer + director
Final cut: Guaranteed to director

✅ Distribution Rights Split

Territory              Rights Holder
---------------------------------------
Romania                Kinotopia
Serbia                 All Inclusive Films
Rest of World          Joint (via Cercamon)
Streaming (Worldwide)  Negotiable post-theatrical

✅ Revenue Waterfall How revenues are distributed:

Recoupment of production costs (pro-rata per stake)
Sales agent commission (Cercamon: ~20%)
Distributor fees & expenses (per territory)
Net profits split per ownership percentage

💡 Best Practice: At DANDI.media we always insist that the co-production agreement also includes:

Deadlock provisions: What happens if co-producers disagree?
Leaving rights: Can a co-producer exit? Under what conditions?
Derivative works: Who has rights to sequels, remakes, adaptations, TV format?

2. Chain of Title: Protecting IP from Origin

“The New Year That Never Came” is particularly interesting because it expands characters from Mureșanu’s previous short film, “The Christmas Gift” (2018), European Film Award winner for Best Short Film.

Crucial legal question: Who owns the rights to the original short’s characters?

If “The Christmas Gift” was produced by:

Kinotopia (Mureșanu)
Mailuki Films (co-producer)
Romanian CNC support

Then to use those same characters in the feature, Mureșanu had to:

✅ Verify that the short’s contract guaranteed him derivative works rights ✅ If necessary, negotiate with Mailuki Films a buyout or revenue share ✅ Clear rights from anyone who contributed to character development

📋 Essential document: Chain of Title Report A legal opinion certifying unbroken ownership of rights from origin (screenplay) to the film’s final version. Required by:

Distributors
Sales agents
Broadcasters
Streaming platforms
E&O (Errors & Omissions) insurance

3. Clearances: Music, Archives, Image Rights

The film is set in December 1989 and recreates:

TV studio of Romanian state television
Archive footage (presumably)
Ravel’s Bolero music (iconic final sequence)
Historical references to Ceaușescu and real events

Music: Ravel’s Bolero

Maurice Ravel died in 1937, so the work is in public domain since 2008 (70 years post mortem).

✅ Composition: Public domain ❌ Recordings: Still protected!

If Mureșanu used an existing recording (e.g., Orchestre National de France):

Master use license needed from record label
Sync license needed (even if composition is PD, synchronized use in film may require clearance)

🎯 Optimal solution: Record a new performance with local orchestra. Costs:

Orchestra session: €5,000-15,000
Studio recording: €2,000-5,000
Conductor/Arranger: €1,500-3,000 Total ~€10,000-25,000 (but then complete master ownership)

Historical Footage & Archives

If the film uses:

Ceaușescu propaganda TV clips
1989 newsreels
Archive photos

Clearance needed from:

Arhivele Naționale ale României (Romanian National Archives)
TVR Archives (if footage from national TV)
Photo agencies (for still photography)

⚖️ Fair Use in Romania? The exception for “journalistic/documentary use” exists in Romanian copyright law, but is interpreted restrictively. Better to obtain explicit licenses.

Image Rights: Ceaușescu

Ceaușescu is a deceased historical figure (1989). In Romania:

Use in historical/documentary context: Generally OK
Use in fiction: Gray area

The film does NOT show Ceaușescu directly, but:

Images of him on TV/posters ✅ OK (public record)
Actors mentioning him ✅ OK (historical reference)
Recorded voice from archives ⚠️ Clearance recommended

4. Festival Strategy & Rights Management

The film had an extraordinary festival run:

Venice 81 (International Premiere – Orizzonti)
Cairo IFF (Best Film – Golden Pyramid)
Arras Film Festival (Silver Atlas Best Director + Youth Prize)
Goa IFF (Silver Peacock Best Director)
European Film Awards (Nomination)

Festival Contracts: What to Negotiate

Most festivals require:

World/International Premiere status
Screening rights (non-exclusive)
Promo materials (trailer, stills, press kit)
Talent availability (red carpet, Q&A)

✅ Clauses to insert in submission agreement:

1. "Festival grants non-exclusive, royalty-free screening rights 
    for festival dates only. All other rights remain with Producer."

2. "Producer retains ownership of all promo materials. 
    Festival may use for promotional purposes only during festival period."

3. "Producer retains full control over theatrical/streaming distribution 
    negotiations concurrent with festival run."

❌ Red Flag: Festivals requesting:

Exclusive distribution rights
Revenue share on future sales
Ownership of promotional materials

💡 Venice advantage: A-list festivals like Venice have standardized filmmaker-friendly contracts. They don’t try to retain rights.

5. Distribution Deals: Maximizing Value (And Protecting Upside)

After Venice, the film was acquired by:

Cercamon (global sales agent – presumably commission 15-25%)
Memento (France – acquired day after Venice premiere)
Trent Film (Italy – release December 4, 2025)
[Other territories…]

Sales Agent Agreement (Cercamon)

Key points to negotiate:

Commission Structure:

Standard: 20-25% gross receipts
Negotiable: 15-20% with caps

Territory Coverage:

Worldwide excluding Romania/Serbia (retained by co-producers)
Include all media (theatrical, streaming, TV, SVOD, AVOD, TVOD)

Term:

Standard: 15-20 years (!!)
Negotiable: 7-10 years + renewal options

Minimum Guarantee: For Venice-winning film, sales agent might offer MG (Minimum Guarantee):

Hypothetical range: €50,000-150,000
Recoupable against future sales

Reversion Clause: “If Sales Agent fails to secure distribution deals in minimum X territories within Y months, rights revert to Producer.”

Distribution Deal – Italy (Trent Film)

Typical structure for Italian theatrical distribution:

Rights Licensed:

Theatrical (cinema) ✅
Home Video (DVD/Blu-ray) ✅
VOD (iTunes, Google, etc.) ✅
Free TV (after window) ? To negotiate
SVOD (Netflix etc.) ? Often separated

Financial Terms:

Minimum Guarantee: €X (if any)
P&A Budget: €Y (Prints & Advertising)
Revenue Split: 
  - Distributor: 30-40% gross receipts
  - Producer: 60-70% gross receipts
  After recoupment MG + P&A

Marketing Obligations:

Minimum screen count (e.g., 15-30 screens)
P&A spend commitment (€20,000-50,000)
Festival presence (Euro Balkan FF Rome)
Press & PR campaign

💡 Arthouse Film Specifics For films like this (festival winner, not blockbuster), in Italy:

Theatrical revenues modest (€50k-200k typical)
But: Build awareness for future streaming
And: Festival Circuit continues (event revenues, screening fees)

The Numbers of Success: 90,000 Admissions in Romania

The film achieved 90,000+ cinema admissions in Romania – absolute record for an arthouse festival winner.

How was this possible? Mix of:

1. National Pride Effect

Romanian film about foundational national historical moment → Emotional resonance

2. Smart Marketing

Kinotopia hired Irina Enea as Executive Producer + Distribution Campaign Manager.

Strategy:

Post-Venice launch with victory momentum
Screening events with director Q&A
Partnership with schools/universities
Media campaign on “1989 memory”

3. Optimized Theatrical Distribution

Gradual rollout: First Bucharest, then secondary cities
Long-play in theaters (not just opening weekend)
Organic word-of-mouth

Learning for other indie filmmakers: 90,000 admissions × average ticket €5 = €450,000 box office

With 60/40 split (Producer 60%):

Gross Producer: €270,000
Less P&A spend: ~€50,000
Net Producer: ~€220,000

For total film budget estimated €800k-1M:

Romania theatrical: 22-27% recoupment
- Serbia/International theatrical
- Streaming/TV sales
- Festival prizes (€€€)
= Clear path to profitability

5 Lessons for Independent Filmmakers

1. Co-Production ≠ Complexity. It’s Opportunity.

Mureșanu transformed his feature debut into a 23-award international project thanks to co-production structure that gave him:

Adequate budget for ambitious vision
Access to best cast/crew
Built-in distribution in multiple markets

Takeaway: Don’t fear legal complexity. With right legal counsel, it’s highly manageable.

2. Auteur-Producer: Creative Control + Business Acumen

Mureșanu founded Kinotopia to maintain control:

Final cut guaranteed
Long-term IP ownership
Decision power on sequels/derivatives

Takeaway: If you have entrepreneurial skills, being also producer of your work gives enormous leverage.

3. Chain of Title Is Everything

Using characters from his previous short required clear title.

Takeaway: Every contract you sign on early-career projects impacts what you can do later. Always negotiate derivative rights.

4. Festival Strategy = Distribution Strategy

Venice Orizzonti → EFA Nomination → 20+ countries → Record Romania box office

Takeaway: Right festival at right time is worth more than any PR campaign. But requires careful rights management to not foreclose options.

5. Long Game Wins

Mureșanu:

2012: First short (Half Shaved)
2018: The Christmas Gift → EFA Winner
2024: The New Year That Never Came → Venice Winner
2025: The Magician animation → Annecy Official Selection

Takeaway: Building coherent filmography, step by step, with IP control, leads to:

Reputation that attracts financing
Library of works generating recurring revenue
Leverage to negotiate better deals

What Can We Learn for Italy?

Italian independent cinema faces similar challenges. “The New Year That Never Came” demonstrates that:

✅ European co-productions work Not only with France/Germany, but also “non-traditional” partners like Serbia, Romania, Balkans.

✅ Festival strategy pays Venice → Immediate credibility → Sales uptick → Better distribution deals

✅ Filmmaker-Producer model is viable With right legal structure, can be more efficient than separating creative/business.

✅ Regional subject matter can be global Film about Romanian revolution 1989 works in Japan, USA, Brazil. Universal story > specific location.

How DANDI.media Can Help You

If you’re a filmmaker, producer, or indie production company working on:

International co-productions
Festival-driven films
Cross-media projects (short → feature, book → film, etc.)
Complex distribution strategies

DANDI.media offers:

📋 Co-Production Structuring

Draft co-production agreements
Negotiate splits & decision rights
Coordinate multi-jurisdiction legal compliance

🔗 Chain of Title Services

Build clean IP ownership from development
Clearance reports for distributors
IP audit pre-sale

🌍 International Distribution Counsel

Review sales agent agreements
Negotiate distribution deals
Manage territorial rights

🎬 Creative Europe Applications

Legal structure optimization
Contract review for MEDIA compliance
Post-award reporting support

💡 Strategic Legal Advisory

Filmmaker-as-producer entity setup
Long-term IP strategy
Festival rights management

Conclusion: The Lawyer as Creative Co-Pilot

“The New Year That Never Came” is an artistic triumph. But it’s also a case study of excellence in legal management of international indie productions.

Behind every masterful shot, there’s a well-written contract. Behind every award, there’s an unassailable chain of title. Behind every distribution deal, there’s competent negotiation.

The lawyer’s role in independent cinema isn’t to block, it’s to unlock. Not to complicate, but to simplify. Not “no,” but “yes, here’s how”.

Congratulations to Bogdan Mureșanu, Kinotopia, and all collaborators of this extraordinary film. And best of luck on upcoming projects – including that “cup of coffee and two guys” film which, I’m sure, will be equally memorable (and legally much simpler! 😊).

Have an international co-production project? 📧 claudia@dandi.media | 🌐 www.dandi.media

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“The New Year That Never Came”: Legal Lessons from a European Co-Production Masterpiece