Away from the red carpets, Scotland’s film and TV production sector as a whole has been experiencing remarkable growth, capturing increasing international attention and bringing its own risks for Scottish media companies.
This year, seven Scottish films premiered at the Sundance Film Festival, placing Scottish talent on one of the industry's most influential stages. For creators, Sundance can be transformative, opening doors to distributors, investors, and global audiences.
That momentum is not anecdotal. Screen Scotland’s latest economic value report shows an industry scaling in real terms. In the space of two years, Gross Value Added rose by 15 per cent to £718 million, while employment increased by more than 12 per cent to over 12,000 full-time roles. Independent production spend has also climbed by 10 per cent, supporting more locally originated content. Screen Scotland projects that, if current growth continues, the industry could be contributing £1 billion a year to the Scottish economy by 2030-31.
With cinemas rebounding, screen tourism booming and production spend continuing to rise, Scotland’s creative industries find themselves in a period of momentum. However, with growth comes complexity and risk, and legal considerations are more critical than ever.
As productions scale up, the commercial and legal frameworks underpinning them must keep pace. With regions such as Argyll and Bute experiencing a surge in filming activity, handling 90 production enquiries in a single year and supporting major projects such as Jack of Spades, the operational and legal complexity facing local authorities, producers and service providers is only increasing. Clear legal advice is a practical safeguard for producers, investors, talent and crew. Decisions taken in the earliest stages of a project can determine whether a production attracts funding, secures distribution and avoids costly disputes.
One of the most important early considerations is the protection of intellectual property. Whether optioning a novel, acquiring life rights or commissioning an original script, producers must ensure that rights are properly secured and documented. Equally, all necessary permissions and licences must be in place for locations, music, archival material, trademarks and artwork. A gap in the chain of title can derail a distribution deal or disrupt financing at a critical moment. Early legal input reduces that risk and gives funders greater confidence.
As projects move into production, attention shifts to the negotiation and structuring of agreements. Talent contracts, crew arrangements, location agreements, co-development and co-production deals, production services agreements and financing documentation all require careful alignment. Legal advice is sometimes sought only after key commercial terms have been agreed. In practice, early involvement at the negotiation stage helps parties understand their obligations, keeping productions on track and protects creative and financial interests.
Once filming wraps, the focus changes again. Distribution agreements, sales agency arrangements and merchandising or licensing deals determine how revenue is generated and shared. Poorly drafted provisions can limit international reach or restrict long-term earnings.
Beyond individual productions, growth also places greater responsibility on production companies themselves. Employment and contractor arrangements, data protection compliance and corporate governance structures all come under closer scrutiny as businesses scale. Investors and public funders expect robust systems and transparent oversight. Companies that address these issues early are better positioned to attract capital and compete internationally.
Behind the premieres and red carpets sits an industry that is becoming more commercially sophisticated and more internationally connected. For the businesses operating within it, sustained success will depend on combining creative ambition with careful structuring and sound governance.
By Erin Thomson, Solicitor in MFMac’s Media, Manufacturing & Technology team
Originally published in The Herald Scotland.
