The legal “direction” of major film and television productions
Corporate structures, incentives, financing, rights and talent mobility: what happens behind the camera. Iberian Lawyer speaks with Baker McKenzie’s Media team in Spain
by ilaria iaquinta
Experts: Partners José María Méndez, Manuel Alonso, Rossanna D’Onza, and counsel Pamela Mafuz, from Baker McKenzie in Spain
“Roll camera, slate, action!” is the formula that opens each take on a set. But anyone who thinks that a major film production or TV series is just studio and cast is mistaken: it is also an industrial project. A corporate structure is designed, contracts and the travel of professionals from different countries are planned, tax rules and requirements to access incentives are aligned and, often, international financing documentation is “translated” into the local legal reality. It is in that space —between development, production, financing and distribution— that the work of Baker McKenzie’s Media team in Spain sits, active for 25 years under the leadership of partner José María Méndez. Over this time it has participated in productions such as Clash of the Titans and has supported shoots in Spain for global titles such as Game of Thrones. More recently, it has been involved in productions including The Walking Dead: Daryl Dixon and Asteroid City.
The approach, Méndez explains to Iberian Lawyer, “is sector-focused and multidisciplinary, with the idea of functioning as a one-stop shop for the client”. In practice, the Media team includes tax partner Manuel Alonso, banking & finance partner Rossanna D’Onza and labour & immigration counsel Pamela Mafuz. The core comprises around a dozen lawyers and, when a matter requires it, draws on the firm’s international network for cross-border issues. The aim, in Méndez’s words, is “to try to speak the same language as the client” and ensure that the client “wastes as little time as possible”, something crucial in an industry where every day of filming counts.
THE AUDIOVISUAL INDUSTRY
According to Méndez, Spain’s appeal for a major production stems from a combination of competitive production costs, climate and a variety of locations —“we have sea, desert, mountains, forests, big cities”, as well as “wonderful weather”, he adds— together with logistics that make it easier to move crews quickly. Added to that visible side is another, less “scenic” yet equally decisive: the evolution of the regulatory framework. Méndez recalls that, over the years, the team has accompanied sector operators in dialogue with institutions to promote a more competitive framework aligned with international standards. And the interest, he stresses, is not merely perception. In fact, the latest report by the Spain Film Commission estimates that for every euro incentivised the economic return reaches 9 euros. That confidence is also reflected in operations: “Spain has shown very significant seriousness” and that is why “whole seasons are now being shot in the country”, which “implies a very important sense of seriousness and legal certainty”, he adds.
When a major foreign studio decides to produce in Spain, the first operational question is which “vehicle” is appropriate to film, hire, pay and sustain the project financially.
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