GUIDE TO GERMAN FILM SUBSIDIES
Introduction
This brochure aims to provide you with an overview of Germanys vivid lm subsidy landscape, which in total accounts for
(federal and regional) subsidies of approx. EUR 300 million per year. For praccal reasons, we have limited this summary
to producon funding. Please note, however, that many schemes also provide for development and distribuon nancing.
1. FUNDING PROGRAMS AVAILABLE IN GERMANY
On a federal level, non-repayable grants for the producon of theatrical lms are available under the German Federal Film
Fund (Deutscher Filmförderfonds, “DFFF”), provided by the Federal Government Commissioner for Culture and the Media
(Beauragte der Bundesregierung für Kultur und Medien, “BKM”). BKM also provides approx. EUR 30 million each year via
several subsidy schemes and prizes.
The German Federal Film Board (Filmförderungsanstalt, “FFA”) grants lm producon funding under the German Film
Subsidies Act (Filmförderungsgesetz, “FFG”) by way of limited recourse loans (so called “Project Funding”). Furthermore,
producers may benet from the economic success of their previous lm by way of applying to the FFA for reference funds,
which are disbursed as grants (“Reference Funding”).
Since 2016, producon funding for theatrical lms as well as for TV series is available under the new scheme of the
German Ministry of Economics, the German Moon Picture Fund (“GMPF”).
DFFF, GMPF, and FFA funding under the FFG are administered by the FFA.
In addion, almost every German state maintains a regional lm and TV subsidy scheme. Most provide regional producon
funding in the form of limited recourse loans, which must be repaid from certain proceeds of the exploitaon of the lm/
TV project according to a recoupment plan.
2. COMBINATION OF FUNDING PROGRAMS (IN GERMANY AND THE EU)
All German funding programs may be combined with each other as well as with European funding programs if the total
amount of subsidies does not exceed 50%, or 60% for co-producons funded by more than one Member State, as
provided by the European Commission’s cinema communicaon (as renewed in November 2013). Dicult projects (such
as short lms, lms by rst-me and second-me directors, documentaries, or low budget or otherwise commercially
dicult works) as well as co-producons involving countries eligible to receive ocial development assistance from OECD
are exempt from these limits.
2 Greenberg Traurig Germany, LLP | www.gtlaw.de
3. GERMANY – FEDERAL LEVEL
3.1 DFFF
Since 2007, the DFFF has contributed between EUR 50 and 70 million on a yearly basis. In early 2014, the grand coalion
decided to let the fund run indenitely without its previous three year limitaon. Its annual budget for 2017 is EUR 50
million. Including 2016, 1087 projects beneted from the DFFF with a total sum of approx. EUR 591 million. The DFFF
operates as a non-repayable grant.
3.1.1 Eligibility and Award Criteria
3.1.1.1 Eligible Projects
DFFF funding is only available for theatrical lms; TV-only producons do not qualify. The lm needs to be feature-
length (at least 79 minutes runme) with a minimum producon budget of EUR 1 million (feature lms), EUR 200,000
(documentaries) or EUR 2 million (animated lms), respecvely. The lm must be theatrically released in Germany with
a certain number of copies.
At least one nal version of the lm has to be in the German language; a dubbed or subtled version will meet this
requirement. Further, applicants must present a nal version of the lm with German subtles for the hearing impaired
and with German descripve audio track for the visually impaired (so-called “barrier-free” or accessible version). As a rule,
principal photography may only start aer an approving decision by the FFA, but producers may apply for exempons.
Following the award decision, shoong must commence within 4 months.
3.1.1.2 Applicaon
Applicaons have to be led with the FFA as competent authority for the DFFF at least 6 weeks prior to commencement
of principal photography or animaon works. There are no specic deadlines; the DFFF works on a rst come, rst served
basis. The budget tends to be exhausted towards the end of the year; hence, an early applicaon is advisable.
The applicant for DFFF funding must be 1) the producer responsible for and acvely involved in the producon of the lm,
and 2) domiciled or have an oce in Germany. In the case of internaonal co-producons, the applying co-producer has to
meet this requirement. Also, the applying co-producer must contribute at least 25% of the total producon costs (if these
costs exceed EUR 25 million, a German contribuon of at least EUR 5 million will suce regardless of the percentage).
The applying (co-)producer must have produced at least one theatrically released feature lm in Europe within the
preceding ve years.
In addion to proving that all requirements spulated in the guidelines are met, the applying producer has to present a
nancing plan demonstrang that at least 75% of the nancing for the lm has been secured and that the DFFF grant is
required to complete the nancing. Financing has to be fully closed within three months following the award decision by
FFA.
DFFF
Greenberg Traurig Germany, LLP | www.gtlaw.de 3
DFFF
3.1.1.3 Examples
Funding under the DFFF is open to internaonal co-producons. Since 2007, each year more than one third of funded
projects have been internaonal co-producons:
To date, the highest amount granted to a lm under the DFFF was EUR 10 million for Cloud Atlas in 2011. In 2007, Speed
Racer was awarded EUR 9 million and in 2013, The Monuments Men was awarded EUR 8.5 million. In 2015, A Cure for
Wellness received EUR 8.1 million.
A list of projects funded by the DFFF and currently in producon can be found at:
hp://www.df-a.de/foerderzusagen.html (in German) or hp://df-a.de/producon-review.html.
2007
99 projects incl. 34 inter-
naonal co-producons
(e.g. Valkyrie, The Interna-
onal)
4 Greenberg Traurig Germany, LLP | www.gtlaw.de
2009
104 projects incl. 38 inter-
naonal co-producons
(e.g. Inglourious Basterds,
The Ghost)
2008
99 projects incl. 37 inter-
naonal co-producons
(e.g. The Reader, Last
Staon)
2010
105 projects incl. 43 inter-
naonal co-producons
(e.g. Hanna, Three Mus-
keteers)
2011
111 projects incl. 44 inter-
naonal co-producons
(e.g. Cloud Atlas, Hansel &
Gretel: Witch Hunters)
2012
115 projects incl. 40 inter-
naonal co-producons
(e.g. Marioneen aka A
Most Wanted Man, Tarzan
3D, Rush, Beauty and the
Beast)
2013
115 projects incl. 41 inter-
naonal co-producons
(e.g. Agent 47 aka Hitman
2, The Grand Budapest
Hotel, The Book Thief, The
Monuments Men, The
Voices)
2014
111 projects incl. 39 inter-
naonal co-producons
(e.g. Autobahn, The
Hunger Games Mocking-
jay, Point Break, Heidi, St.
James Place)
2015
107 projects incl. 36 inter-
naonal co-producons
(e.g. Captain America 3,
A Cure for Wellness, The
Lake, Eddie the Eagle)
2016
112 projects incl. 46 inter-
naonal co-producons
(e.g. Paerson & Findus,
Jim Knopf)
3.1.1.4 Minimum German Spend
A minimum of 25% of the total producon cost has to be spent in Germany (so-called “German Spend”). For producon
budgets exceeding EUR 20 million, a minimum German Spend of 20% is sucient. Alternavely, a total German Spend of
at least EUR 15 million will suce.
German Spend is dened as expenditure on lm related goods or services delivered or provided in Germany by companies
domiciled in Germany or individuals subject to (restricted or unrestricted) German tax liability. The applicable guidelines
dene the qualifying types of expenses in more detail.
Note: What is recognized as German Spend within the meaning of the minimum German Spend requirement does not fully
correspond with the German producon expenditures relevant for the calculaon of the amount of the grant (Qualifying
German Spend, see below).
3.1.1.5 Cultural Test
The lm has to pass a cultural test based on a points system to ensure that the project complies with the DFFF’s objecve
to support German lm culture. The tests, varying for feature lms, documentaries and animated lms, dierenate
between content, cast/crew and the use of producon facilies in Germany.
Films must meet a specied number of points in each secon to pass the test. As of 2017, the fund places specic
importance on sustainable producon. Under the new regulaons, producers may give a voluntary commitment to
produce sustainably when ling the applicaon, and although the commitment is voluntary, not giving it will result in a
deducon of points in the cultural test.
For internaonal co-producons within the scope of the European Convenon on Cinematographic Co-Producon (the
“European Convenon”), the points system established therein will be applicable in lieu of the DFFF cultural test.
3.1.1.6 Distribuon Requirements
The DFFF guidelines require a theatrical release in Germany within one year following compleon with a minimum of
45 copies (200 copies if the award granted is in excess of EUR 4 million). The requirements dier for animated lms and
documentaries. A binding distribuon agreement with a qualifying distributor must be submied to the DFFF at the me
of disbursement of the grant at the latest. A non-exhausve “white list” of qualifying distributors is available on the DFFF
website.
There are certain holdback periods that need to be observed aer the theatrical release of a subsidized lm in Germany:
For video/DVD exploitaon, on-demand services and pay-per-view in Germany or in the German language version, the
holdback period is six months; for pay TV subscripons: 12 months; and for free TV rights and free of charge on-demand
services: 18 months. Upon applicaon, the holdback periods may be shortened or waived completely under certain
circumstances.
The DFFF requires screen and (generally) paid-ad credits.
Greenberg Traurig Germany, LLP | www.gtlaw.de 5
DFFF
3.1.2 Award and Payment of Funds
The DFFF mainly operates on an automac basis: up to an award of EUR 4 million, funding is awarded without discreonal
decisions by a jury. However, the necessity of interpreng the criteria of the cultural test, many of which are rather vague,
gives the FFA a certain leeway in assessing the eligibility of a lm for funding.
The amount granted under the DFFF scheme is usually 20% of the Qualifying German Spend.
The criteria of what is recognized as “Qualifying German Spend” do not fully correspond with the German Spend within
the meaning of the minimum German Spend requirement (above), which broadly takes into account expenditure in
Germany. Such German Spend refers more generally to producon costs incurred in Germany. In contrast, for the purpose
of calculang the grant, there are certain limitaons as to the extent to which these German producon costs (or a
fracon thereof) are taken into account as Qualifying German Spend.
Costs incurred for exterior on-locaon shoong outside of Germany may be considered as Qualifying German spend if
shoong abroad on locaon is necessary to comply with dramaturgical exigencies of the script and such shoong would
not be possible in Germany (or only at unreasonable cost). Such costs only qualify for up to 40% of the total number of
shoong days, and save for the territorial requirement all other criteria for Qualifying German spend must be met (e.g.,
services must be provided by persons who are subject to tax liability in Germany or by companies with a place of business
in Germany, see above).
The Qualifying German Spend will only be taken into account up to 80% of total producon costs. Therefore, the net
benet of DFFF funding varies between 16% and 20% of the total Qualifying German Spend. The total maximum amount
is EUR 4 million per project, but exceponally, a maximum of up to EUR 10 million may be granted if a projects German
Spend exceeds 35%, or if the cultural test quota exceeds 66.6%. Awards exceeding EUR 4 million are subject to a board
decision.
Also, the producer is required to follow certain principles of economic producon, and the FFA examines the budget and
may disregard certain producon costs.
Funds are paid as non-repayable grants and are usually disbursed upon compleon of producon and nal audit of the
producon gures. Alternavely, upon applicaon, funds may also be paid out in three installments (start of principal
photography, compleon of the rough cut, and nal audit of cost; for grants exceeding EUR 2 million, a compleon bond
or bank guarantee will be required for disbursement in installments).
The English DFFF guidelines, including the Cultural Test and the Qualifying German Spend, are available here:
hp://www.df-a.de/guidelines.html.
6 Greenberg Traurig Germany, LLP | www.gtlaw.de
3.2 PROJECT FUNDING AND REFERENCE FUNDING UNDER THE FFG
The FFA also administers the Project Funding and Reference Funding schemes governed by the FFG and applicable
guidelines. Producers can apply for both types of funding for the same lm. Financial producon support is granted for
feature lms with a runme of at least 79 minutes, short lms, documentaries and children’s lms with a runme of at
least 59 minutes. Funds are sourced from levies that the FFA collects from exhibitors, video and online distributors, TV
providers and program marketers, and awarded on a jury based procedure.
In 2015, the FFA granted EUR 29.1 million in producon funding (EUR 14.7 million in Reference Funding and EUR 14.4
million in Project Funding). Recent funding examples include Fack Ju, Göthe 2 (reference funding of EUR 2 million in 2016),
Hänsel & Gretel – Witch Hunters (reference funding of EUR 485,727 in 2014), Tschick (Project Funding of EUR 500,000 in
2015) and Der Medicus (reference funding of EUR 967,733 in 2015).
The FFG was renewed and recently updated for the period of 2017 to 2021.
3.2.1 General Requirements
3.2.1.1 Requirements Relang to the Producon of the Film
To qualify for subsidies, the FFG requires for all lms that (i) one of the responsible producers has its place of business
or, if it is established in another EEA state or Switzerland, an oce in Germany and (ii) that a nal version of the lm is
produced or dubbed in German. In addion, a number of cultural criteria relang, inter alia, to story, seng and cast
apply.
For internaonal co-producons, funds may be granted if the above criteria are fullled and
>
the lm meets the requirements of the European Convenon and the applicant producer contributes at least 20% of
the overall producon costs, or
>
the lm falls within the ambit of a bilateral or mullateral co-producon treaty concluded by Germany and the
applicant producer contributes at least 30% of the overall producon costs.
Outside the scope of the European Convenon or a co-producon treaty, internaonal co-producons may qualify for
subsidies if (i) compared to the other contribuons, the nancial contribuon of the applicant producer is considerable
(generally around 30%), and (ii) at least 30% of cast and crew are cizens of an EEA member state. In case of a German
majority co-producer, the lm has to premiere in the German language in Germany, or as a German contribuon at a
selected internaonal lm fesval. Compared to the standard cultural criteria, the cultural requirements for internaonal
co-producons are considerably lower in order to facilitate cross border co-producons in Germany.
FFA Funding
Greenberg Traurig Germany, LLP | www.gtlaw.de 7
FFA Funding
3.2.1.2 Distribuon Requirements
The FFG provides for the same holdback periods as the DFFF (see above), and must receive screen credits for its funding.
3.2.2 Project Funding Requirements
3.2.2.1 Eligibility and Award Criteria
The producer must provide at least 5% of the budget as its own contribuon (equity or full recourse debt nance). For
internaonal co-producons, the percentage is determined based on the German part of the total budget. The producers
own contribuon can be nanced through equity capital or debt nance. Presales may also count as a producers own
contribuon.
Based on script, talent and crew, the lm must be expected to enhance the quality and protability of German lm”,
as determined by the FFA. The producer is required to follow certain principles of economic producon, and the FFA
examines the budget and may disregard certain producon costs.
3.2.2.2 Award, Payment and Repayment of Funding
Project funding is granted as an interest-free, limited recourse loan of at least EUR 200,000 (EUR 100,000 for documentaries),
and paid in four installments: (i) 25% upon start of principal photography, (ii) up to 50% during principal photography, (iii)
up to 15% upon nalizaon of the rst (rough) cut, (iv) 10% aer nal audit of the producon costs.
The amount granted must be repaid once the producers proceeds from the exploitaon of the lm exceed 5% of the
accredited producon costs, with 50% of such proceeds to be used for repayment. If the producer provides more than
5% of the budget, more favorable repayment terms may be agreed with the FFA. The repayment obligaon terminates 10
years aer theatrical release.
3.2.2.3 Applicaon
Applicaons must be submied prior to the start of principal photography. There are no hard applicaon deadlines;
applicaons for project producon funding can be led connually and will be considered in the respecve following jury
meeng (held 6 mes a year). They must include, inter alia, the script (including assignment of rights), budget, cost plan,
nance and recoupment plan, cast and crew list, a distribuon agreement or statement of envisaged distribuon.
3.2.3 Reference Funding Requirements
A producer can apply for funding of a new lm if it has already produced a lm which obtained a certain number of
reference points. The most important requirements for Reference Funding are the following:
8 Greenberg Traurig Germany, LLP | www.gtlaw.de
3.2.3.1 Eligibility Criteria With Regard to the Funded Film
The nancing of the funded lm must be secured, and combined subsidies may not exceed 50% of the budget (in case of
internaonal co-producons, 50% of the German part of the budget). The producer is required to follow certain principles
of economic producon (specied in the FFA guidelines), and the FFA will examine the budget and may disregard certain
producon costs.
Based on the script, cast and crew, the lm must be expected to enhance the quality and protability of German lm”.
Any copies for theatrical release in Germany must be produced in Germany or another EEA state.
3.2.3.2 Eligibility Criteria With Regard to the Reference Film
In pracce, the FFA requires the reference lm to also comply with the requirements for the funded lm.
The reference lm must have at least 150,000 (or 300,000 or 500,000, depending on the producon budget) reference
points, which can, inter alia, be earned from box oce admissions (the number of admissions equaling reference points),
and recognized lm awards during a certain period of me aer theatrical release.
3.2.3.3 Amount, Payment and Repayment of Funds
The FFA may grant up to EUR 2 million per project as Reference Funding. The overall amount available for Reference
Funding each year will be distributed between all qualifying reference lms, in relaon to their success. If the reference
lm is an internaonal co-producon, funding is only awarded up to the amount of the co-producon share of the German
applicant.
Reference Funding is generally non-repayable. Funds will only have to be repaid if the funded lm or the producer fails to
meet the FFG requirements (e.g. if the funded lm does not meet the cultural criteria or if the producer has made false
statements in order to obtain the subsidy). Reference Funding must be used for the producon of the new lm within
three years of the award.
3.2.3.4 Applicaon Procedure
In general, applicaons for Reference Funding must be submied no later than 15 months (for feature lms) or 39 months
(for children’s lms/documentaries) aer theatrical release. Disbursement of grants for the current year will only be
considered if the applicaon is led by 31 January of that year. Principal photography for the funded lm must not start
before Reference Funding has been awarded.
Greenberg Traurig Germany, LLP | www.gtlaw.de 9
GMPF Funding
3.3 GMPF
As of December 2015, the German Moon Picture Fund as the new incenve by the German Ministry of Economics
(“BMWi”) accepts applicaons for producon funding of internaonally co-produced theatrical lms and of high-end
TV series. The GMPF has an annual budget of EUR 10 million and aims at promong digital/VFX producon in Germany.
It features similar requirements and mechanisms as the DFFF, i.e., it is run as an automac scheme and provides non-
repayable grants. As of now, the GMPF is limited in me unl end of 2018.
English guidelines are available here: www.bmwi.de/Redakon/EN/Arkel/Economy/german-moon-picture-fund.html.
3.3.1 Eligibility and Award Criteria
3.3.1.1 Films
Funding is available for internaonally co-produced feature-length theatrical lms (79 minutes, or 59 minutes for children’s
lms).
The total producon cost must be at least EUR 25 million. Both the applicant German co-producer as well as the
internaonal co-producon partner must make a nancial contribuon of at least 20%. In case producon costs exceed
EUR 35 million, a nancial contribuon of at least EUR 7 million on the part of the applicant is sucient.
3.3.1.2 TV Series
Whole seasons or individual episodes of feature-length TV series may be funded if they feature a connuing story arch with
at least six episodes per season, irrespecve of whether they are intended for linear or non-linear recepon. Each episode
must have a runme of at least 40 minutes and producon costs of at least EUR 1.2 million. German TV broadcasters may
generally not contribute more than 60% of the nancing (70% if the series is not lmed in Germany).
3.3.1.3 Applicaon Procedure
The GMPF is administered by the FFA. Applicaons must be made 6 weeks prior to the start of principle photography,
which may generally only start aer the subsidy has been awarded.
As for the DFFF, there are no applicaon deadlines. Applicaons will be processed on a rst come, rst served basis. In its
rst year, the GMPF budget was exhausted by mid-2016. Hence, an applicaon early in the year is advisable.
The (co-)producer of a lm/series may apply if it is resident or has a registered oce in Germany (or a place of business
or establishment in Germany If the applicant is resident or has its registered oce in a dierent EU member state or in
another EEA) and has produced at least one feature lm or TV series in Germany or the EU/EEA in the ve years prior to
the applicaon that has been released in German theaters or been accepted for distribuon, respecvely.
10 Greenberg Traurig Germany, LLP | www.gtlaw.de
3.3.1.4 German Spend, Cultural Test
The producer is required to follow certain principles of economic producon, and the FFA examines the budget and may
disregard certain producon costs.
Both lms and series must spend a certain amount of the producon cost in Germany (“German Producon Cost”):
>
For Films, the German Producon Cost must be at least 40% of total producon costs, or at least EUR 13 million.
>
For Series, the German Producon Cost must be at least 40% of total producon costs, or at least EUR 10 million.
The lm/series must also reach a certain number of points under a cultural test, which is similar to the DFFFs, but takes
into account more heavily any digital lmmaking/VFX in Germany and the EU.
3.3.1.5 Distribuon Requirements
Funded lms must be released in German theaters within one year of compleon, with evidence of the intended release
submied together with the applicaon. The holdback periods under the FFG (see above) apply.
Funded series must be distributed on German TV or on VOD-plaorms accessible in Germany within one year of
compleon, with evidence of the intended distribuon submied together with the applicaon.
A nal version of the lm/series must be produced in German or with German subtles, and there must be a barrier-free
version (audio descripon and subtles for the impaired). FFA/BMWi must be awarded credits for the funding.
3.3.2 Award and Payment of Funds
The grant can only be approved once the applicant has demonstrated that 75% of the producon costs of the project have
already been nanced. The closing of the nancing must be demonstrated within three months of the award. Work on
lming or animaon must start within 4 months of receipt of the award.
Like the DFFF, the GMPF is run as an automac system (no jury decision) and provides non-repayable grants. The funding
will be paid out aer nal audit of the costs, or exceponally, in installments upon applicaon (a compleon bond or
guarantee will be necessary for grants exceeding EUR 2 million).
3.3.2.1 Amount of Grant for Films
Generally the grant will be an amount of 10% of the recognized German Producon Cost. 20% of the recognized German
Producon Cost can be awarded if at least EUR 1 million is spent on digital lmmaking/VFX in Germany, such decision to
be made by the FFA in agreement with the BMWi. In any case, the grant is capped at EUR 2.5 million.
3.3.2.2 Amount of Grant for Series
Generally the grant will be an amount of 20% of the recognized German Producon Cost, with a maximum of EUR 2.5
million per season (irrespecve of whether individual episodes of a season or enre seasons are funded). Up to EUR 4
million may be granted if the German Producon Cost amounts to at least EUR 20 million and at least EUR 1 million are
spent on digital lmmaking/VFX in Germany, such decision to be made by the FFA in agreement with the BMWi.
In 2016, its rst year, the fund was spent enrely on the producon of TV series. Funding examples include series such as
Babylon Berlin, Berlin Staon and You are Wanted.
Greenberg Traurig Germany, LLP | www.gtlaw.de 11
Regional Funds
4. REGIONAL FILM FUNDS IN GERMANY
Film funding schemes are available in virtually every German state. Basically, these schemes all follow the same lines:
Subsidies are granted as a limited recourse loan, which is paid out in installments during the producon process and must
be repaid from dened parts of the proceeds from the exploitaon of the lm, usually aer recoupment of the producers
own costs. As a general rule, the regional schemes are governed by the regional body’s guidelines and the FFG.
In contrast to DFFF and FFG funding, most regional schemes also provide for TV producon funding. Also, as of recently,
two state schemes have introduced special subsidies for producons with a high level of VFX or digital eding (Baden-
Würemberg and Bavaria, see below).
Applicaons have to contain detailed informaon about the project, inter alia, the script, budget, nance and recoupment
plan, cast and crew list, pre-sales contracts, and, in some cases, a current balance sheet of the applicants company.
Internaonal co-producons may qualify if the German co-producon partner is the applicant. In order to qualify for a
loan and to secure repayment, the producer has to grant the funding instuon a security interest in the rights to the lm.
The main objecve of regional funding schemes is the promoon of regional lm culture or industry. Therefore, the
main criterion is that the producon spends at least an amount equal to the amount of the subsidy in the respecve
region (“Local Spend Requirement”). As under the FFG regime, holdback periods are imposed for video/DVD, VOD and TV
exploitaon. Also, TV rights for the German territory must not be granted for more than ve years, aer which me these
rights have to revert to the producer. The funding instuons usually request screen credits and require that the German
premiere takes place in their region (unless another state has granted higher subsidies).
The budgets of the funding instuons tend to be exhausted towards the end of the year; hence, an early applicaon is
advisable. Principal photography must not have commenced when the applicaon is submied.
The most important funding programs are those in Baden-Würemberg, Bavaria, Berlin/Brandenburg, North Rhine-
Westphalia and Saxony/Saxony-Anhalt/Thuringia. Their producon funding schemes are laid out below in further detail.
4.1 BERLIN/BRANDENBURG
Berlin-Brandenburg grants subsidies through Medienboard Berlin Brandenburg GmbH (“MBB”). In 2016, MBB granted
EUR 22.7 million in producon funding. The funding decisions focus on the quality of the script, encouragement of young
talents and support for internaonal co-producons.
4.1.1 MBB Producon Funding
4.1.1.1 Eligibility and Award Criteria
Funding may be granted for the producon of feature-length lms and short lms, either for theatrical moon pictures or
TV producons (lms and series). There is a special scheme for producon funding of series, which includes serial drama
as well as web-series, entertainment and factual producons.
12 Greenberg Traurig Germany, LLP | www.gtlaw.de
As a general rule, the applicant has to have its residence in the Berlin-Brandenburg region or in Germany. However,
funding may also be granted if it is in the parcular media-cultural or economic interest of the region. The applicant is to
contribute an adequate contribuon to the total budget of at least 30%, with at least 5% of the budget consisng of equity
or full-recourse debt nance. The applicant must have entered into a theatrical distribuon agreement for Germany. The
Local Spend Requirement is set at a minimum of 100% of the amount of the subsidy. Principal photography must not have
commenced, and a personal consultaon with an MBB case ocer is mandatory, prior to applicaon.
For TV producons, a distribuon deal must be in place. The project has to serve the interests of Berlin-Brandenburg, or
it has to be produced with internaonal co-producers or for the internaonal market.
The MBB deadlines for producon funding are published on MBB’s website. For 2017, they are February 21, April 18,
July 4, September 19, and November 21.
4.1.1.2 Amount, Payment and Repayment of Funds
MBB grants subsidies as interest-free limited recourse loans, payable in installments. There is no nominal limit for the
amount granted. Granted producon funds generally have to be repaid from 50% of the producers share of the proceeds
derived from the exploitaon of the lm aer recoupment of its own contribuon (with certain limitaons in case the
producer owns an interest in the distribuon enes). The repayment obligaon ceases ve years aer theatrical release
in Germany, or ten years aer a TV product has rst been broadcast. In general, MBB requires a security interest in the
rights to the project to secure the applicant’s repayment obligaon.
4.1.2 Funding Examples
Among the lms funded in recent years are Jim Knopf (2016, EUR 800,000), High Life (2016, EUR 250,000), Mute (2016,
EUR 200,000), A Cure for Wellness (2015, EUR 500,000), Passengers (2014, EUR 1 million), Honig im Kopf (2014, EUR
900,000), and A Hologram for the King (2013, EUR 1 million).
Under the special scheme for series, MBB gave two grants of EUR 1 million each in both 2015 and 2016 to the h season
of Homeland for its Berlin shoot. In 2016, Babylon Berlin (which had already received EUR 150.000 in 2015) received EUR
1.5 million for episodes 9-16.
4.2 NORTH RHINE-WESTPHALIA
North Rhine-Westphalia (“NRW”) grants subsidies through the Film- und Mediensung NRW GmbH (“Filmsung”).
Filmsung focuses on producon funding (2016 budget: approx. EUR 35 million) for both lms and TV series.
4.2.1 Producon Funding
4.2.1.1 Eligibility and Award Criteria
It is not required that applicants have a seat or oce in Germany, but the project has to be produced in the region of
NRW and must have the prospect of successful exploitaon and/or provide benets to the lm-making culture. The Local
Spend Requirement is a minimum of 150% of the amount of the subsidy. The applicant must contribute at least 5% of the
producon costs to the nancing of the lm from its own funds. Excepons to most of the condions for funding can be
made if the project is parcularly benecial to the NRW lm culture or lm industry.
Greenberg Traurig Germany, LLP | www.gtlaw.de 13
Regional Funds
The upcoming Filmsung deadlines for producon funding, as published on their website, are February 2, May 4,
July 20, September 28, and November 23, 2017.
4.2.1.2 Amount, Payment and Repayment of Funds
The Filmsung grants subsidies as interest-free limited-recourse loans. The loan may not exceed 50% of the applicants
contribuon or 50% of the total producon costs, respecvely. For low budget or especially dicult producons, a
maximum of 80% may be granted. Aer the producers own investment has been recouped from the exploitaon of the
lm in Germany and abroad, 50% of the proceeds must be used for repayment. The repayment obligaon terminates 10
years aer theatrical release or rst broadcast of the lm.
4.2.2 Funding Examples
In 2015, the highly acclaimed series Babylon Berlin was awarded EUR 1.5 million in producon funds. In 2016, Babylon
Berlins second season received EUR 500,000, while High Life received EUR 1.2 million. Successful lms funded in recent
years include Der Medicus, The Reader, and Buddenbrooks.
4.3 SAXONY/SAXONY-ANHALT/THURINGIA
The states of Saxony, Saxony-Anhalt and Thuringia jointly grant subsidies through the Mieldeutsche Medienförderung
(“MDM”). MDM’s budget in 2015 for producon funding (including producon funding for budding lmmakers) was
approx. EUR 14 million.
4.3.1 Producon Funding
4.3.1.1 Eligibility and Award Criteria
Subsidies are granted to producers (of feature lms, TV producons and others) that have already entered into distribuon
agreements. The applicant has to make a certain contribuon in the form of own capital, services and full-recourse debt
nance. The Local Spend Requirement is a minimum of 100% of the amount of the subsidy.
MDM deadlines are published on their websites (for 2017: January 19, April 6, July 6, and October 5). Applicants have to
consult with MDM at least two weeks before subming.
4.3.1.2 Amount, Payment and Repayment of Funds
As a rule, subsidies are granted by way of limited recourse loans. The MDM guidelines provide for a limited aid intensity
of 50% of the total producon budget, including subsidies awarded by other organizaons. In principle, loans have to be
repaid aer recoupment of the applicants own contribuon. The repayment obligaon regarding limited recourse loans
will end aer a certain period as determined in the loan agreement.
4.3.2 Funding Examples
Among the funded projects are both successful naonal lms and internaonal co-producons such as The Monuments
Men, The Grand Budapest Hotel, Goethe!, Inglourious Basterds, Irina Palm and The Reader. Most recently, A Cure for
Wellness was awarded EUR 400,000 (2015), while The Lile Witch received EUR 650,000 (2015).
14 Greenberg Traurig Germany, LLP | www.gtlaw.de
4.4 BAVARIA
Bavaria grants subsidies through the FilmFernsehFonds Bayern (“FFF”). The FFF has an annual budget of approx. EUR 23
million (as of 2015) for producon funding.
4.4.1 FFF Producon Funding
4.4.1.1 Eligibility and Award Criteria
The applicant must be based, or have an oce, in Germany. The projected lm (theatrical or TV; series are not funded) has
to be “worthy of fundingin a qualitave and economic sense. The applicant has to contribute an adequate share to the
nancing. Such contribuon may consist of equity or full-recourse debt nance, own services and assets and minimum
guarantees paid during the producon of the lm.
At least 5% of the nancing must be accomplished by equity or debt nancing. In general, funding also requires a theatrical
distribuon agreement for Germany to be in place.
The Local Spend Requirement is a minimum of 150% of the amount of the subsidy.
The FFF applicaon deadlines are published on their website. For 2017, they are January 16, March 20, May 29,
September 18 and November 6.
4.4.1.2 Amount, Payment and Repayment of Funds
Subsidies are granted as limited recourse loans. They amount to a maximum share of 30% of the producon costs with a
ceiling of EUR 1.6 million for theatrical moon pictures and EUR 530,000 for TV producons. Renancing of the funded
amount on the naonal and internaonal market must be generally feasible. The loan is repaid from the proceeds from
naonal and internaonal exploitaon of the lm. Interest accrues for 18 months aer the German premiere. The producer
may recoup its own contribuon rst, aer that, 50% of the applicant’s prots shall be used to repay the loan. The repayment
obligaon for moon pictures terminates, as a general rule, ten years aer the lm’s premiere.
4.4.2 FFF Funding for Internaonal Co-Producons
Since 2015, FFF also operates a special scheme for internaonal co-producons and VFX heavy projects. Funds can be
awarded to the German co-producer for internaonally co-produced theatrical lms with a total budget of EUR 5 million
and a German contribuon of 50% (or at least EUR 5 million).
Also, in exceponal cases line producers for VFX/creave digital eding of big internaonal producons may be granted
subsidies of up to EUR 500,000. There are no applicaon deadlines for this scheme.
4.4.3 Funding Examples
Among the lms funded by the FFF are successful naonal lms such as The Lives of Others as well as internaonal
co-producons like Roland Emmerich’s Anonymous and, most recently, Snowden. In 2015, Captain America 3 received
EUR 450,000, and in 2016, Transformers 5 received EUR 160,000 under the new VFX subsidy scheme for internaonal
co-producons.
Greenberg Traurig Germany, LLP | www.gtlaw.de 15
Regional Funds
4.5 BADEN-WÜRTTEMBERG
The State of Baden-Würemberg grants subsidies through the Medien- und Filmgesellscha Baden-Würemberg
(“MFG”). For 2015 and 2016, MFG’s total budget was increased to approx. EUR 16 million (with approx. EUR 9 million for
producon funding, which includes producon of short lms, TV lms and series, and documentaries).
4.5.1 Producon Funding
4.5.1.1 Eligibility and Award Criteria
The MFG funds the producon of feature lms, TV and video producons (including TV series). Since October 2014, in
exceponal cases line producers may apply for funding of theatrical lms or internaonal TV producons with a high level
of VFX or digital eding.
The Local Spend Requirement is a minimum of 120% of the amount of the subsidy. The producer must contribute an own
investment of at least 5% of the budgeted costs to the lm.
The applicaon deadlines for producon funding are published on the MFG website, and for 2017 are February 2,
July 6, and November 9.
4.5.1.2 Amount, Payment and Repayment of Funds
Theatrical moon pictures with budgets exceeding EUR 500,000 can be funded with up to 50% of the applicant’s
contribuon to the budget (with a ceiling of EUR 1 million). The maximum funding for lms with smaller budgets is 70% of
the applicant’s contribuon to the budget. For internaonal co-producons, only the German co-producon share counts
as budgeted costs. TV producons are funded with up to 30% of the applicants share in the budget. Subsidies are usually
granted as limited recourse loans repayable from 50% of the distribuon proceeds aer recoupment of the applicants
own investment. In exceponal cases, subsidies may also be awarded as non-repayable grants.
4.5.2 Funding Examples
Most recently, MFG funded Passengers (EUR 600,000, 2014), Bridge of Spies (EUR 600,000, 2014), A Cure for Wellness
(EUR 400,000, 2015), The Lake (EUR 150,000, 2015) and Captain America 3 (EUR 350,000, 2015). In 2015, the newly
established VFX subsidies were awarded to HBO series Game of Thrones (EUR 150,000) for the producon of its season 5
and to MTV series Shannara (Season 1, EUR 300,000).
16 Greenberg Traurig Germany, LLP | www.gtlaw.de
FILM SUBSIDY ORGANIZATIONS IN GERMANY
Contacts for Applications
Filmförderungsanstalt (FFA)
Große Präsidentenstraße 9
10178 Berlin, Germany
www.a.de
www.df-a.de
www.a.de/german-moon-picture-fund-1.html
Bundesministerium für Wirtschaft und
Energie (BMWi)
Scharnhorststraße 34-37
10115 Berlin, Germany
www.bmwi-gmpf.de
Die Beauftragte der Bundesregierung für
Kultur und Medien (BKM)
Köthener Straße 2
10963 Berlin, Germany
hp://www.bundesregierung.de/Webs/Breg/DE/
Bundesregierung/BeauragtefuerKulturundMedien/
medien/lmfoerderung/_node.html
Medienboard Berlin-Brandenburg GmbH
August-Bebel-Straße 26-53
14482 Potsdam, Germany
www.medienboard.de
Film- und Medienstiftung NRW GmbH
Kaistraße 14
40221 Düsseldorf, Germany
www.lmsung.de
Mitteldeutsche Medienförderung GmbH
Hainstraße 17-19
04109 Leipzig, Germany
www.mdm-online.de
FilmFernsehFonds Bayern GmbH
Sonnenstraße 21
80331 Munich, Germany
www.f-bayern.de
MFG Medien- und Filmgesellschaft
Baden-Württemberg mbH
Breitscheidstraße 4
70174 Stugart, Germany
hp://lm.mfg.de
Greenberg Traurig Germany, LLP | www.gtlaw.de 17
Your Team
Please contact us for further information on the various national and regional film subsidy
schemes available in Germany.
Dr. Stefan Lütje
Partner
+49 30 700 171 148
stefan.luetje@gtlaw.com
Georg von Wallis
Partner
+49 30 700 171 162
georg.vonwallis@gtlaw.com
Dr. Viola Bensinger
Partner
+49 30 700 171 150
viola.bensinger@gtlaw.com
Dr. Henrik Armah
Partner
+49 30 700 171 137
henrik.armah@gtlaw.com
Dr. Niklas Conrad
Senior Associate
+49 30 700 171 160
niklas.conrad@gtlaw.com
Dr. Laura Maria Zentner
Senior Associate
+49 30 700 171 180
laura.zentner@gtlaw.com
“A team that enjoys a high market reputation thanks to the depth and breadth of its
industries insight and its outstanding strategic and economic understanding.”
– The Legal 500 Germany, 2016
18 Greenberg Traurig Germany, LLP | www.gtlaw.de
This guide was last updated in January 2017. It contains general informaon based on German law and, although we
endeavor to ensure that the content is accurate and up to date, users should seek appropriate legal advice before taking
or refraining from taking any acon. The contents of this guide should not be construed as legal advice and we disclaim
any liability in relaon to its use.
Greenberg Traurig Germany, LLP | www.gtlaw.de 19
GREENBERG TRAURIG GERMANY, LLP | ATTORNEYS AT LAW | WWW.GTLAW.DE
Greenberg Traurig is a service mark and trade name of Greenberg Traurig, LLP and Greenberg Traurig, P.A. ©2017 Greenberg Traurig, LLP. Aorneys at Law. All rights reserved. Images in this brochure may not depict
Greenberg Traurig clients or facilies. Any case outcomes reported in this brochure are unique to the parcular clients and all facts involved in those individual maers. Prior results cannot and do not guarantee or
predict a similar outcome with respect to any future maer. Numbers relang to the number of lawyers and governmental aairs professionals as well as locaons are subject to periodic change.
Greenberg Traurig Germany, LLP
Potsdamer Platz 1
10785 Berlin
T: +49 30 700171-100
F: +49 30 700171-900
About Greenberg Traurig
We are one of the largest international transactional law firms,
serving clients from 38 locations across the globe.
In Germany, a team of more than 50 aorneys provides legal advice predominantly on transacons
in the real estate, technology and communicaons, media and entertainment, and infrastructure sec-
tors. Our success is based on an integrated approach: we combine outstanding legal know-how with
in-depth sector knowledge.
Our teams collaborate across borders and disciplines. We bridge diverse legal systems and cultures
and develop strategies that are geared to the individual needs of our clients and the requirements of
their respecve markets. For this reason, our aorneys are regularly recommended by leading legal
directories. In 2016, German newspaper Handelsbla in conjuncon with Best Lawyers recognized
the team once again in its “Best lawyers in Germany” ranking.
Greenberg Traurig was founded in the U. S. in 1967. Internaonally, 2,000 aorneys in 38 oces
in the U.S., Europe, Asia and Lan America oer legal advice to innovave companies.