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Web address: http://www.ffw.com/sectors/media-entertainment/media-asset-financing.aspx

Practices

Media asset financing

Whether you are a borrower, lender, equity financier or another party interested in the financing arrangements for a media asset, the issues that arise from a media asset financing transaction can be complex: the asset itself requires an understanding of copyright and related rights as well as international licensing, whilst the financing arrangements require an understanding of how to secure a borrowing against a media asset. In addition, media asset financing transactions commonly involve multiple financiers, sometimes with competing interests.

These interests have to be regulated inter se. With much film production benefitting from Government support, an understanding of how to qualify for, and collect under, Government incentive schemes is essential.

Our service

Whether we are providing legal and business affairs support for a particular project or advising on complex multi-party, multi-jurisdictional commercial negotiations, our team has the depth and knowledge and practical experience to deliver a commercially astute and effective service.

We understand the nature of media assets and the particular issues involved in taking or enforcing security over them. We have significant experience and precedent in regulating the interests of multiple financiers: through inter-party and inter-creditor arrangements. Our lawyers have many years experience developing structures to enable financing arrangements to be implemented over all manner of receivables from
future payments under distribution contracts to payments under Governmental incentive schemes.

Our experience

We act for a range of content producers, distributors, sales agents and financiers both in Europe and in the US. We advise in relation to finance, production and licensing in all media. Our work covers complex financing and co-production arrangements for film, television and other media content in a variety of structures.
These range from single project financing and slate financing to the establishment of joint ventures for the production and distribution of content IP.

Our work covers treaty co-productions, tax-based and other production incentive schemes, pre-sales and distribution deals and "gap" finance.

With increasing opportunities for brand investment in content production, our advertising, production and financing expertise means we are able to offer a comprehensive service. We have been involved in ground breaking brand-funded content projects.

Recent examples of our media asset financing expertise include:

  • Acting for a major US independent on the financing and distribution arrangements for a major feature film project
  • Acting for senior debt finance providers on the financing of several feature film projects
  • Advising on production and financing arrangements on a slate of high budget feature films being produced by a major US studio
  • Advising on a joint venture being established by a major US studio for the creation of television content
  • Acting for the promoters of a Middle Eastern based fund in relation to the establishment of a fund to invest in the production of film and television content