Film, TV & Co-productions

The Italian film and television industry operates within one of the most layered legal frameworks in Europe: national legislation, EU rules, bilateral co-production treaties, public funding requirements and broadcaster agreements all apply at once, and they need specialist knowledge to work together.

We advise independent producers, documentary makers, directors, writers, distributors and production companies on all aspects of Italian and international film and TV law, from the earliest stages of development through to distribution and exploitation.

Our Expertise

• Development and option agreements — option and purchase agreements for scripts, novels, life rights and underlying works; remake rights; chain of title review
• Co-production agreements — deal memos and co-production contracts, official co-productions under bilateral treaties and the European Convention on Cinematographic Co-production, Eurimages applications and minority co-production structures
• Italian public funding — production tax credit, international tax credit for foreign productions shooting in Italy, selective and automatic MiC contributions, eligibility requirements and contractual compliance under D.I. n. 225/2024
• Executive production agreements — contracts between foreign producers and Italian executive production companies, allocation of the tax credit benefit and of the risk of costs not being recognised
• PRCA registration — filings at the Pubblico Registro Cinematografico e Audiovisivo, which records films and the deeds affecting their rights and is required in practice by funders, distributors and public funding bodies
• Distribution and sales contracts — domestic and international distribution agreements, sales agency agreements, minimum guarantee structures, output deals and VOD and streaming licences
• Broadcaster and platform agreements — commissioning, pre-sale and licence agreements with Italian broadcasters and streaming services
• Talent and crew agreements — director, writer, cast and key crew contracts; assignment of rights and moral rights clauses; agreements for occasional workers and freelance collaborators
• Music clearances and composer agreements — original score contracts, sync and master licences, clearance of pre-existing music
• Clearances — releases for archive footage, locations, trademarks and people appearing on screen, before festival submission and delivery

Working with Italy as a Foreign Producer

Producers planning to shoot, co-produce or post-produce in Italy usually come to us with three questions: how to structure a co-production with an Italian partner, how to access the Italian tax credit for foreign productions, and how to clear rights and images under Italian law. As a film lawyer in Italy, we handle the Italian side of the project, from the first deal memo to delivery.

1. Co-producing with Italy

Under the revised European Convention on Cinematographic Co-production, the minimum share of a co-producer is 10% in a bilateral co-production and 5% in a multilateral one, which makes it easier to bring in a smaller partner without giving up control of the project. Co-production status must be requested before principal photography, and the dates and facts given to funders in different countries must match: inconsistencies between applications are one of the most common, and most expensive, mistakes.

2. The Italian tax credit for foreign productions

• 40% of the eligible production costs incurred in Italy;
• 30% on above-the-line costs for individuals not tax resident in the European Economic Area;
• a minimum eligible spend in Italy of €250,000;
• an annual cap of €20 million per company or group, with no cap per single work;
• costs for AI used in place of creative or artistic performances are excluded, with a limited exception for VFX related to lead actors.

The credit is recognised to the Italian executive production company, which passes the benefit on through the price of its services: the foreign producer is the client, not the beneficiary. This makes the executive production agreement the key document of the operation. It should set out the budget of eligible Italian costs, how and when the benefit is passed on, what happens if the credit is reduced or denied, and who owns materials and rights. Applications are made in annual sessions opened by the Ministry of Culture: the 2026 session ran from 3 June to 31 August 2026.

3. Clearances under Italian law

Italy has no general fair use: the quotation exception (art. 70 of the Copyright Act) covers only limited uses for criticism or discussion, so most uses of TV archives, film clips, photographs and music require a licence. A person’s image can be published only with their consent, save for specific exceptions such as notoriety or events of public interest (art. 10 of the Civil Code and arts. 96-97 of the Copyright Act). Artworks, architecture and trademarks clearly visible on screen may also need releases. See also our guide on clearing copyrighted material before festival submission.

Italy and International Co-Productions

Italy has one of the widest networks of film co-production treaties in Europe, and an official co-production is treated as a national film in each partner country, with access to its funding. We have particular experience advising foreign and Italian producers on the requirements of the Italy-Serbia treaty and co-productions with the Balkans, the Italy-Canada and Italy-France agreements, Eurimages co-productions and the new Italy-Korea agreement signed in September 2026, which will apply once ratified.

Each framework sets its own minimum and maximum shares, creative and technical contribution, nationality of key personnel and mandatory contract clauses. Getting them right before the application is filed is what makes the difference between a recognised co-production and a simple co-financing deal.

AI Clauses in Film and TV Contracts

With Law 132/2025, Italian copyright protects works of human creativity even when AI tools are used, but not content generated entirely by a machine. For productions this means the use of AI in writing, VFX, dubbing or music has to be regulated in the contracts: who may use which tools, how the human creative contribution is documented, and which consents are needed for the voice and image of performers. The Ministry of Culture’s selective funds also exclude projects whose screenplays and artistic materials are made through AI, mood boards included, so AI use must be checked from the development stage. These clauses also protect the production’s eligibility for Italian public funding and the value of the film in international sales.

More than Legal Advice

Alongside our legal work, we also act as film agents: we accompany projects, look for producers and partners, and help place films. For an international production that means finding both its Italian legal footing and its way into the market, with one team.

From development to the festival circuit, the contract is part of the film.

Frequently Asked Questions

Can a foreign producer access the Italian film tax credit?

Yes, in two main ways. A foreign production shooting in Italy can benefit from the international tax credit through an Italian executive production company. In an official co-production, the Italian co-producer can access the national tax credit for its share. Each route has its own requirements and the benefit is always claimed by the Italian company.

What is the minimum spend in Italy for the foreign tax credit?

Eligible costs incurred in Italy must be at least €250,000. The annual cap is €20 million per company or group, with no limit per single work.

How does a film qualify as an official Italian co-production?

It must be made under a bilateral co-production treaty between Italy and the partner country, or under the European Convention on Cinematographic Co-production, and respect its requirements on financial shares, creative and technical contribution and nationality of personnel. The application is submitted to the Italian Ministry of Culture, usually before principal photography, together with the co-production contract.

Is there fair use in Italy?

No. Italy has a narrow quotation exception for criticism and discussion; most uses of clips, archive footage and music require a licence.

What is the PRCA and when is it needed?

The Pubblico Registro Cinematografico e Audiovisivo is the Italian public register of films and audiovisual works and of the deeds affecting their rights, such as assignments, co-productions and security interests. Registration makes those deeds enforceable against third parties and is regularly required by financiers, distributors and public funding procedures.

Can a director waive moral rights under Italian law?

No. Moral rights cannot be waived or assigned in Italy. Contracts can, however, regulate how they are exercised, for example by agreeing in advance on edits for different markets and versions, which is why director agreements for Italian productions need specific drafting.

Do film contracts need AI clauses in Italy?

Since Law 132/2025 it is strongly advisable. Contracts with writers, directors, performers and service providers should state whether and how AI tools may be used, how the human creative contribution is documented and which consents are given for voice and image. This protects the copyright in the film, its eligibility for public funding and its value in distribution.

Further Reading