Agreement on Film Co-Production Between The Government of State of Israel And The Government of The Republic of India
The Government of the State of Israel and the Government of the Republic of India hereinafter referred to as “the Parties”;
Mindful of the fact that mutual cooperation may serve the development of film production and encourage the further development of the cultural and technological ties between the two countries;
Considering that co-production may benefit the film industries of their respective countries and contribute to the economic growth of the film, television, video and new media production and distribution industries in Israel and in India;
Noting their mutual decision to establish a framework for encouraging all audio-visual media output, especially the co-production of films;
Recalling the Cultural Agreement between the Government of the State of Israel and the Government of the Republic of India, signed in New Delhi, on May 18, 1993, and in particular Article 1 thereof;
Have therefore agreed as follows –
Article 1
Definitions
For the purpose of this agreement –
– For the Israeli Party – The Ministry of Culture and Sport or its designee(s);
– For the Indian Party – The Ministry of Information and Broadcasting;
Article 2
Recognition As A National Film And Entitlement To Benefits
Article 3
Approval of Project
Article 4
Participants
Article 5
Contribution
Any exception to the abovementioned principles must be approved by the Competent Authorities, who may, in special cases, authorize that the respective contributions by the producers of the two countries vary from ten (10) to ninety (90) per cent.
Article 6
Film Negatives And Languages
Article 7
Producers Contribution
Article 8
Temporary Entry Into The Country
The Parties shall facilitate the temporary entry and the re-export of any film equipment necessary for the production of an Approved audiovisual co-production films under this Agreement, subject to their respective domestic legislation(s). Each Party shall do their best effort to permit the creative and technical staff, employed in the making and/or promotion of an Approved Co-production, subject to its domestic legislation(s), to enter and reside in its territory for the purpose of participating in co-production films.
Article 9
Approval of a proposal for the co-production of a film by the Competent Authorities does not imply any permission or authorization to show or distributed the film thus produced.
Article 10
Article 11
Article 12
The Competent Authorities shall act in accordance with the Rules of Procedure appended in the Annex hereto, which constitute an integral part of the Agreement, but may, in a given case, jointly authorize co-producers to act in accordance with ad hoc rules, which they approve.
Article 13
Joint Commission
– Review the implementation of this Agreement.
– Determine whether the overall balance of the co-production has been achieved, considering the number of co-productions, the percentage and the total amount of the investments and of the artistic
and technical contributions. If not, the Commission shall determine the measures deemed necessary to establish such balance.
– Recommend means to generally improve cooperation in film co-production between Israeli and Indian producers.
– Recommend amendments to this Agreement to the Competent Authorities.
Article 14
Amendment
This Agreement may be amended in writing by mutual consent of the Parties through the exchange of notes between the Parties through the diplomatic channel. Any amendments of the Agreements or of
the appended Annex shall follow the same procedure for entering into force as are specified in Article 16.
Article 15
Settlement of Disputes
Any differences arising out of the interpretation or implementation of this Agreement shall be settled consensually through consultation and negotiation between the Parties.
Article 16
Entry Into Force, Duration And Termination of The Agreement
Signed in on _____, 2018 which corresponds to the of ___, 5778, in two original copies in the Hebrew, Hindi and English languages, all texts being equally authentic. In case of divergence in interpretation, the English text shall prevail.
For the Government of the Republic of India
For the Government of the State of Israel
Annex
Rules of Procedure
(1) Final version of the script.
(2) Evidence of the lawful acquisition of the copyright necessary to a given co-production as a proof of license arrangements with respect to intellectual property rights, of any sort, including in particular copyright and neighboring rights (“neighboring rights” shall be understood as including, inter alia, moral rights, performers’ rights, phonogram producers’ rights and broadcasters’ rights), embodied in, or arising from, a co-production, to an extent sufficient for purpose of fulfilling the objectives of the co-production contract, including clearance arrangements for public
performance, distribution, broadcast, making available by internet or otherwise, and sale or rental of physical or electronic copies of the co-production in the territories of the Parties’ home countries as well as in third countries, and including copyright and neighboring rights clearance with respect to any literary, dramatic, musical or artistic work which has been adapted by the applicant for purposes of the co-production;
(3) A signed copy of a co-production contract concluded between co-producers, which should contain –
a. The title of the co-production , even if provisional;
b. The name of the writer or the person responsible for adapting the subject if it is drawn from literary source;
c. The name of the director (a safety clause is permitted for this replacement, if necessary, which is subject to the approval of the Competent Authorities);
d. A synopsis of the film;
e. The budget of the film;
f. The plan for financing the film, stating the financial input of the co-producers;
g. The financial undertaking of each producer in respect of the percentage apportionment of expenditures with regard to development, elaboration, production and post-production costs up to the creation of the answer print.
h. A clause defining distribution of revenue and profits including the sharing or pooling of markets;
i. A clause describing participation of the coproducers in any costs which exceed the budget or in the benefits from any savings in the production cost;
j. A clause for allocation of intellectual property rights in a co-production film, including ownership and licensing thereof.
k. A clause in the contract must recognize that the approval of the film, entitling it to benefits under the agreement, does not obligate the Competent Authorities of either Party to permit the public screening of the film, Likewise, the contract must set out the conditions of a financial settlement between the co-producers in the event that the Competent Authorities of either Party refuse to permit the public screening of the film in either country or in third countries.
l. Breach of the co-production contract;
m. .A clause which requires the major coproducer to take out an insurance policy covering “ all production risks” and “all production risks connected with original materials”;
n. The date for commencement of shooting;
o. The list of required equipment (technical, artistic or other) and personnel, including nationality of personnel and the roles to be played by the performers;
p. The production schedule;
q. A distribution agreement, if one has been concluded;
r. The manner in which the co-production shall be entered in international festivals;
s. Other provisions required by the Competent Authorities
Important Provisions For Indian Party
In addition, an application addressed to the Indian Ministry of Information and Broadcasting(MIB), should be accompanied by four copies of the screenplay and film synopsis together with a processing fee of US$ 225 payable to Pay & Accounts Officer, Ministry of Information & Broadcasting or for the amount as may be revised from time to time.
If the film is to be shot wholly or partly in the Republic of India, the co-producers must provide the Indian Embassy in the State of Israel and Ministry of Information & Broadcasting with the following information –
Within three weeks of receipt of the required set of documents, the Ministry of Information & Broadcasting will sent the appropriate filming permit to all co-producers and the Competent Authorities in the other State. A longer period for issuing the filming permit may be required if filming is to take place in some restricted areas.
Permission to film in the Republic of India may be dependent upon the following conditions –
Concluding Provisions
The Competent Authorities may ask for any additional documents or information which they consider essential in order to consider an application for a coproduction
The final screenplay (with script) should be presented to the Competent Authorities prior to the start of filming.
Amendment, including a change of co-producer, may be made to the original co-production contract. However, any amendments must be submitted to the Competent Authorities for approval before the coproduction is completed. A change of co-producer is permissible only in exceptional circumstances, and for reasons considered by the Competent Authorities to be satisfactory. The Competent Authorities shall inform each other of the decisions they have reached.
The participation of a producer from a third country in the co-production is subject to the prior approval of the Competent Authorities.
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