India-United Kingdom Audio Visual Agreement

admin   July 29, 2019

The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India (“hereinafter called the Parties”):

Considering that there is potential for the film industries of each country to work together on account of shared or complementary characteristics that include the structure of each film industry, the film culture of each country and the extent of the availability in each country of filmmaking facilities, a suitably skilled workforce and locations for filming;

Recognising that development of such potential will be to the mutual advantage of each Party, in particular in respect of the growth and competitiveness of their film industries and the enhancement of their film cultures;

Noting the benefits available in each country to films with national film status;

Desiring to encourage the making of films that reflect, enhance and convey the diversity of culture and heritage in both countries;

Acknowledging the benefits that would flow from the making of such films and their increased public availability; and

Noting on the basis of mutual cooperation, the Agreement is intended to produce benefits for both parties.

Have agreed as follows:

ARTICLE 1

Definitions

In this Agreement:

“Approved Co-Production” means a Co-produced film which has Approved Co-Production status in accordance with Article 2;

“Co-producer” means any individual, partnership, body corporate or unincorporated association who is a Co-producer of a film;

“Competent Authority” means a government department or other body as shall be nominated by the respective Party in each country to make decisions on applications for the grant of Approved Co-Production status;

“Film” includes any record, however made, of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture, and for which there is an expectation for theatrical release and public exhibition.

“Indian Co-producer” means a Co-producer who is established and/or incorporated in India; and

“UK Co-producer” means a Co-producer who is established and/or incorporated in England, Wales, Scotland or Northern Ireland.

References to filmmaking contribution benefiting the UK or India include, in particular, the expenditure in that country on goods and services which directly results from the Co-Production and the use made of filmmaking facilities or filming locations in that country.

Subject to Article 2(2) the Annex forms an integral part of this Agreement. Any reference to this Agreement includes the Annex.

ARTICLE 2

Approved Co-Production status

The Competent Authorities may grant approved Co-Production status to a film which provides appropriate filmmaking and cultural benefits to the UK and India; and meets the requirements set out in this Agreement.

The Parties shall jointly arrive at, through a subsequent exchange of notes, a mutually agreed Annex to this Agreement. The Annex shall include requirements as to:

the appropriate filmmaking and cultural benefits to the UK and India;

the nature of Co-producers;

the minimum and maximum financial contributions of Co-producers;

filmmaking contributions of Co-producers;

content, language, credits, locations and personnel; and

any other matters that the Parties consider desirable.

The Annex shall also include rules of procedures on:

the granting of approvals of an application for Approved Co-Production status;

the withdrawal of Approved Co-Production status;

any other matters that the Parties consider desirable.

The Annex shall include provision as to the criteria for measuring mutual benefits.

The Annex shall enter into force as soon as the Parties have notified each other of the completion of their respective legal and constitutional procedures.

In determining an application made to it, a Competent Authority shall apply these requirements in accordance with guidance published by the Competent Authority under this Article.

Each Competent Authority may from time to time publish guidance consisting of such information and advice as it considers appropriate with respect to:

how applications are to be made to the Competent Authority, and

the operation and interpretation of this Agreement.

Such guidance shall, in particular, set out:

how the Competent Authority proposes to make decisions on applications for the grant of Approved Co-Production status, and

factors it will take into account when exercising any discretion conferred on it by this Agreement.

Nothing in this Agreement binds the relevant authorities in the UK or India to permit the public exhibition of a film, which has been granted Approved Co-Production status.

ARTICLE 3

Benefits

This Article applies in relation to any film which has Approved Co-Production status under this Agreement.

Each Party shall permit, in accordance with their respective legislation, including, for the UK relevant European Community legislation, temporary import and export, free of import or export duties and taxes, of any equipment necessary for the production of an Approved Co-Production.

Each Party shall permit any person employed in the making or promotion of an Approved Co-Production to enter and remain in the UK and India, as the case may be, during the making or promotion of the film, subject to the requirement that they comply with the legislation relating to entry, residence and employment.

Each Party shall treat a film falling within paragraph (1) of this Article as a national film for the purposes of any benefits afforded in that country to national films.

The question of which Party may claim credit for an Approved Co-Production as a national film at an International Film Festival shall be determined:

by reference to whichever is the greater of either:

the total financial contributions made by the UK Co-producer or Co-producers (taken together), or

the total financial contributions made by the Indian Co-producer or Co-producers (taken together); or

if the respective total financial contributions are equal, by reference to whichever of the UK or India the director of the film is most closely associated with.

ARTICLE 4

Films in production before and after entry into force

A film shall be eligible for the grant of Approved Co-Production status even if production commenced before this Agreement entered into force, but only if:

the first day of principal photography of the film is no more than 18 months before the date on which the Agreement enters into force, and

production of the film is completed after the date on which the Agreement enters into force.

An Approved Co-Production shall continue to be eligible to receive any benefits available under this Agreement on or after the date on which the Agreement ceases to have effect, but only if:

before that date, the Competent Authorities have given the film requisite approval for Approved Co-Production status under Article 2.

its principal photography commenced before the date on which the Agreement ceases to have effect, and

production of the film is completed before the end of the period of twelve months commencing with the date on which the Agreement ceases to have effect.

ARTICLE 5

Review and Amendment

The Parties shall keep the Agreement under review and, where they consider it appropriate to do so, may recommend that changes be made.

The Parties shall report to the other annually in writing on the current state of the Agreement.

The Parties may, at any time through an exchange of mutually agreed notes, make amendments to the Agreement.

Any such amendment shall enter into force as soon as the Parties have notified each other of the completion of their respective legal and constitutional procedures.

ARTICLE 6

International obligations

The provisions of this Agreement are without prejudice to the international obligations of the Parties, including in relation to the United Kingdom obligations arising from European Community law.

ARTICLE 7

Entry into force

  1. This Agreement shall enter into force as soon as the Parties have notified each other of the completion of their respective legal and constitutional procedures.
  2. Either Party may terminate this Agreement at any time by giving at least 6 months’ prior written notice to the other Party.
  3. The Agreement shall cease to have effect on the expiry of the period of notice given under paragraph (2) of this Article.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.

DONE in duplicate at New Delhi this fifth Day of December 2005 in the English and the Hindi languages, both texts being equally authentic. In case of any divergence in interpretation, the English text shall prevail.

For the Government of INDIA

For the Government of the United the Republic Kingdom of Great BRITAIN and NORTHERN IRELAND

ANNEX

Rules for applications

for approval of Film Co-production Agreement

between

the Government of the Republic of India

and

the Government of United Kingdom of Great Britain and Northern Ireland

Applications for qualification of a film for co-production benefits under this Agreement for any co-production must be made to competent authority at least thirty (30) days before shooting begins.

Documentation submitted in support of an application shall consist of the following items, drafted in English:

  1. The final script and synopsis;
  2. Documentary proof of having legally acquired the rights to produce and exploit the Co-Production and that the copyright for the co-production has been legally acquired;
  3. Proof of compliance with the prescribed procedure for permission regarding entry of crew, equipment and for shooting location in India;
  4. A copy of the co-production contract signed by the two co-producers.

The contract shall include –

  1. a) the title of the co-production;

b)the name of the author of the script, or that of the adaptor if it is drawn from a literary source; necessary permission for adapting the literary work into a film from the author/legal heirs may be attached;

  1. c) the name of the director
  2. d) the budget;
  3. e) the financing plan;

f)a clause establishing the sharing of revenues, markets, media or a combination of these;

g)a clause detailing the respective shares of the co-producers in any over or under expenditure, which shares shall in principle be proportional to their respective contributions, although the minority co-producer’s share in any over expenditure may be limited to a lower percentage or to a fixed amount providing that the minimum proportion permitted under the Agreement is respected;

h)a clause stating that the competent authorities have to be informed if the percentage of the contribution of a co-producer changes subsequent to the approval of the competent authorities;

  1. i) a clause stating that films co-produced under this Agreement may be publicly exhibited in either country in accordance with prescribed rules/procedures;
  2. j) a clause recognizing that admission to benefits under this Agreement does not constitute a commitment that governmental authorities in either country will grant a license to permit public exhibition of the co-production;
  3. k) a clause prescribing the measures to be taken where:

(i) after full consideration of the case, the competent authorities in either country refuse to grant the benefits applied for;

(ii)the competent authorities prohibit the exhibition of the co-production in either country or its export to a third country;

(iii)either one or the other Party fails to fulfill its commitments;

  1. l) the period when shooting is to begin;
  2. m) a clause stipulating that the majority co-producer shall take out an insurance policy covering at least “all production risks” and “all original material production risks”; and
  3. n) a clause providing for the sharing of the ownership of copyright on a basis that it is proportionate to the respective contributions of the co-producers.

5.the distribution contract, where it has already been signed, or a draft if it has yet to be concluded;

6.a list of the creative and technical personnel indicating their nationalities and, in the case of performers, the roles they are to play;

  1. the production schedule;

8.the detailed budget identifying the expenses to be incurred by each country; and

9.all contracts and other relevant financial documentation for all participants in the financial structure.

3.The competent authorities can demand further documents and all other additional information deemed necessary.

4.The final shooting script (including the dialogue) should be submitted to the competent authority prior to the commencement of shooting.

5.Amendments may be made in the original contract, but they must be submitted for approval by the competent authorities before the co-production is finished.


India-Spain Audio Visual Agreement

admin   July 29, 2019

The Republic of India and The Kingdom of Spain (hereinafter, “The Parties”)

Seeking to improve cooperation between the two countries in the audiovisual field: aware of the contribution which Co-Production can make to the development of the audiovisual industry.

Desirous of promoting and facilitating the Co-Production of films between the two countries, and the development of their cultural and economic exchanges.

Convinced that these exchanges shall contribute to improving relations between the two countries:

Have agreed as follows:

ARTICLE 1

In this Agreement, unless the Agreement otherwise requires:

A “Co-Production” is a film including feature film, documentary, and animation film irrespective of length, on any format to be shown in the first place in cinemas, jointly invested in and produced by Co-producers made in accordance with the terms of recognition given by the competent authorities of India and Spain under this Agreement. New forms of audio-visual production shall be included in the present Agreement by exchange of notes between the Parties.

The Competent Authorities responsible for the implementation of this Agreement shall be :

On behalf of the Republic of India, by the Ministry of Information and Broadcasting.

On behalf of the Kingdom of Spain, by the Instituto de la Cinematografia y de las Artes Audiovisuales (Institute of Cinematography and Audiovisual Arts) and when applicable, the competent authorities of the Autonomous communities where applicable.

Co-Productions falling within the scope of this Agreement shall be subject to the approval of the competent authority.

The Contracting parties shall inform each other if the competent authorities are replaced by others.

Subject to the approval of both competent authorities, a film Co-produced in compliance with this Agreement shall be deemed to be a national film in the territory of each Party and shall thus be fully entitled to all the benefits which are granted under the laws and regulations in force in the territory of each Party.

ARTICLE 2

The Co-producer in either of the two countries shall satisfy themselves about each other’s capability, including their professional knowledge, organizational capability, financial backing and professional reputation.

The Contracting Parties shall in no way be responsible or liable with regard to credentials of either of the Co-producers.

ARTICLE 3

Before shooting starts, Co-Production films shall require approval from both the competent authorities. For this purpose, each Co-producer would be required to submit an application, alongwith the information as required in the Annexure, to the Competent Authority. Approvals shall be notified in writing and must specify the conditions according to which the approval is granted.

The Co-producers of a film shall have their principal office or a branch office in the territory of one of the Contracting Parties. None of the Co-producers shall be linked by common management, ownership or control.

Co-Productions falling within the scope of this Agreement shall be subject to the approval of both the Competent Authorities, who would take into consideration their respective policies and guidelines and the requisites laid down in Annexure to this Agreement.

ARTICLE 4

On a general basis, in Co-Productions there must exist an effective contribution of technical, creative and artistic personnel, of the nationality of the participant countries, which must be in proportion to the financial contribution made by each Co-producer.

Technical and artistic personnel are those persons who, in accordance with the domestic law in force in their own country, are recognized as makers of audio-visual productions, in particular screenwriters, directors, composers, editors, directors of photography, art directors, actors and sound technicians. The contribution of each of these persons shall be evaluated individually.

The contribution by a minority Co-producer will include participation of at least two actors and a head of Department in addition to an author (author means director or screenwriter or photography director or music composer).

Both the financial contribution and the participation of each of the Co-producers in the performing, technical, artistic and creative tasks shall represent at least 20% (twenty percent) of the budget in making the Co-Production films.

As an exception to the contribution rules stated in paragraph 1 & 2 of this Article, both Competent Authorities shall be able to grant approval to the Co-Production projects known as “financial Co-Productions” in which the contribution of one of the Co-producers is limited to only financing, in which case financial contribution shall be no greater than 25% (twenty five percent) nor less than 10% (ten percent) of the total cost of the film.

ARTICLE 5

When India or Spain maintains an audio-visual Co-Production agreement with a third country, the competent authorities shall, by virtue of this Agreement, be able to approve a Co-Production project to be produced with the participation of a Co-producer from a third party, whose contribution may be no greater than 30%.

In the event of multilateral Co-Productions, the lesser participation may be not lower than 10percent and the greatest one not higher than 70 percent of the cost of the film.

ARTICLE 6

The producers of a Co-Production shall be Nationals/ citizens or permanent residents either of India or Spain subject to any sort of compliance of the obligations created by European Union upon Spain as a member.

Participants in the Co-Production as defined in paragraph 1 must at all times throughout the production retain their national status, and may not acquire or lose such status at any point during the course of production activity.

Should the film so require, the participation of professionals who are not citizens of one of the Co-producing countries may be permitted, but only in exceptional circumstances, and subject to agreement between the competent authorities of both Contracting Parties.

ARTICLE 7

The rights, revenues and prizes arising in connection with the Co-Production shall be shared between the Party Co-Producers in a manner that shall be agreed between the Party Co-producers.

ARTICLE 8

Live action shooting and animation works such as storyboards, layout, key animation, in between and voice recording must, in principle, be carried out either in India or in Spain.

Location shooting of a Co-produced film, exterior or interior, in a country not participating in the Co-Production may, however, be authorized by the competent authorities of both countries if the script or the action so requires and if technicians from India and Spain take part in the shooting.

The processing and post-production of Co-Productions shall be done either in India or Spain, unless it is technically impossible to do so, in which case the processing and post-production in a country not participating in the Co-Production may be authorized by the competent authorities of both countries.

ARTICLE 9

The Co-Production shall have the original soundtracks either in Hindi, or in other Indian language or dialect, or in Spanish or in any other official languages in Spain, or English language or in any combination of those permitted languages, which can further be dubbed in any of these languages.

In the event, if script so desires, any other language can be used for stray dialogues with permission from competent authorities.

It will be necessary that the dubbing or sub-titling of the Co-Production will be done or performed either in India or Spain. Dubbing or sub-titling in Indian languages should be performed in India and dubbing or sub-titling into Spanish or in any other official languages in Spain should be performed in Spain, and dubbing or sub-titling in English could be performed in India or Spain depending upon the agreement between Co-producers.

ARTICLE 10

The Co-Production film and the promotional material associated with it shall include certain credit titles stating that the film is a “Co-Production between India and Spain” or a “Co-Production between Spain and India” or, when appropriate credit titles reflecting the participation of India, Spain and the country of a third Co-producer.

Prizes, grants, incentives and other benefits awarded to the Co-produced work may be shared between the Co-producers, in accordance with what has been established in the Co-Production contract and in conformity with applicable laws in force.

All prizes which are not in cash form, such as honorable distinctions or trophies awarded by third countries, for Co-produced work produced according to the norms established by this agreement, shall be kept in trust by the majority Co-producer or according to terms established in the Co-Production contract/ agreement.

ARTICLE 11

When a Co-produced film is exported to a country, which has quota limitations:

In principle, the Co-produced film shall be included in the quota of the country of the majority investment;

If both Co-producers have made an equal investment, Co-producers of both sides shall decide the quota in question through mutual consultation, so that the Co-produced film can be included in the quota of the country that can make better arrangements for the export of the film;

If difficulties still exists, the Co-produced film shall be included in the quota of the country of which the director is a national.

Notwithstanding paragraph 1, in the event that one of the Co-producing countries enjoys unrestricted entry of its films into a country that has quota regulations, a co production undertaken under this Agreement will be as entitled as any other national production of the above-mentioned Co-producing country to unrestricted entry into the importing country if that above-mentioned Co-producing country so agrees.

ARTICLE 12

For approved Co-Productions, each Contracting Party shall facilitate, in accordance with the domestic law in force in its country:

Entry into and temporary residence in its territory for technical and artistic personnel of the other Contracting Party;

the import into and export from its territory of technical and other filmmaking equipment and materials by producers of the other Contracting Party.

ARTICLE 13

Permission for public exhibition will be in accordance with local laws in both India and Spain.

ARTICLE 14

Notwithstanding any other provision in this Agreement, for the purpose of taxation the laws in force in both the countries shall apply.

ARTICLE 15

There shall exist a Joint Commission composed of representatives of the Parties, including the competent authorities and representatives of the industry.

The role of the Joint Commission shall consist of supervising and reviewing the application of this Agreement, making any proposal that is amended necessarily for improving the effect of the Agreement and modifying the appendix hitherto as appropriate.

The Joint Commission shall be convened, whether by meeting or otherwise, at the request of either of the Parties, within six months of such a request.

ARTICLE 16

This Agreement shall come into force after each Party has informed the other Party through official diplomatic channels that its internal ratification procedures have been completed.

ARTICLE 17

This Agreement may be amended by the mutual consent of the Contracting Parties through the exchange of notes between the Contracting Parties through the diplomatic channel. The change shall take effect on the date specified in the note.

ARTICLE 18

Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled consensually through consultation and negotiation and shall not be referred for resolution to any national or international tribunal or a third party.

ARTICLE 19

This Agreement including the Annex, which forms an integral part of this agreement, shall remain in force unless terminated in terms of paragraph (2).

Either Contracting Party may terminate this Agreement by giving six months’ written notice in advance of such intention to the other Contracting Party through the diplomatic channel.

Notwithstanding the provisions of paragraph 1 of this Clause, this Agreement shall continue in force with regard to any Co-Production film that has received approval from the competent authorities and which has not yet been completed prior to its termination.

Done at _____________on the day _________ of__________________

in three originals each in Hindi, Spanish and English, all these versions being authentic.

For the Republic of INDIA

For the Republic of SPAIN


India-Poland Audio Visual Agreement

admin   July 29, 2019

The government of the republic of poland and the government of the republic of india hereinafter referred to as the “Parties”:

CONSIDERING it desirable to establish a legal framework for relations regarding audiovisual Co-Production, especially the production of films for the cinema and television, as well as films intended solely for dissemination on analogue or digital data carriers;

AWARE that a high quality of Co-Production may encourage the development of enterprises and institutions which produce, distribute and disseminate films and enhance cultural and economic exchange between both States;

CONVINCED that such exchange shall strengthen relations between both States;

Have agreed as follows:

ARTICLE 1

For the purpose of this Agreement, the term “Co-Production” shall mean a feature film intended for screening in the cinema as the primary field of exploitation, as well as a documentary, educational and animated film, regardless of length, jointly financed and produced by Co-producers from Poland and India; recorded on film or magnetic tape or on a digital medium; and intended for public dissemination in any way, especially in the cinema, on television or on analogue or digital data carriers. The term “Co-Production” shall also mean a plan to produce and the process of producing such a film.

Each Co-Production undertaken under this Agreement, after it has fulfilled all the conditions herein, must gain approval from the following Competent Authorities:

In the Republic of Poland – the Minister of Culture and National Heritage,

In the Republic of India – the Ministry of Information, Radio and Television.

Each Co-Production undertaken under this Agreement shall be realized and disseminated in accordance with the law in force in Poland and in India.

Unless otherwise provided for under the laws in force in Poland and India, each Co-Production undertaken under this Agreement shall be regarded a domestic production in each State-Party in order to obtain all present and future benefits conferred upon domestic productions in these two States. Nevertheless, such benefits shall be due only to Co-producers from the country which confers these benefits.

ARTICLE 2

Each Co-producer must possess broad professional experience, good technical organization, considerable organization abilities, strong financial support and a good reputation. These qualities shall be verified by the parties to co-production agreements, and no clause in this Agreement shall give rise to any liability by the Competent Authorities or Governments to conduct such a verification.

ARTICLE 3

The contribution of Co-producers from each State should range from twenty percent (20%) to eighty percent (80%) of the budget of each Co-Production.

The Co-producers from each State should make a tangible creative and technical contribution to a Co-Production in proportion to their share in its budget, encompassing the total engagement of filmmakers, actors, technical-production personnel, laboratories and facilities. In justified cases, the Competent Authorities may approve a Co-Production which does not satisfy all of these requirements.

ARTICLE 4

Producers, directors, screenwriters and actors, as well as technicians and remaining staff engaged in the Co-Production, must hold Polish or Indian citizenship or have their place of abode or permanent residence in one of these States, in accordance with the domestic law of each State. In justified cases, the Competent Authorities may approve a Co-Production which does not satisfy all of these requirements.

ARTICLE 5

The Competent Authorities may approve a Co-Production involving, apart from Polish and Indian Co-producers, Co-producers from third countries which are parties to an audiovisual Co-Production agreement with at least one of these States (multilateral Co-Production).

The minimum contribution by a Co-producer in a multilateral Co-Production should be ten percent (10%) of the Co-Production’s budget. Article 3 para 2 of this Agreement shall apply as appropriate.

ARTICLE 6

Filming and animation work, including the storyboard, layour, key animation and in between as well as sound recording, should be carried out in Poland or India.

The filming of scenes in the open air or indoors may be performed in a third country if the screenplay or plot requires it and if Polish and Indian technicians are involved in this work.

Laboratory processing shall be carried out in Poland or India, unless this is not possible for technical reasons. In such a case, the Competent Authorities may permit the laboratory processing to be carried out in a third country.

ARTICLE 7

The original soundtrack of each Co-Production shall be recorded in Polish, English or one of the languages or dialects of India (languages of the Parties). Dubbed soundtracks in any of these languages may be recorded in Poland or in India. A film may be made in more than one language of the Parties version. Dialogues may also be recorded in other languages if the screenplay requires this.

Each language version of each Co-Production (dubbing or subtitles) shall be produced in Poland and in India, as appropriate. Any departures from this rule must be approved by the Competent Authorities.

ARTICLE 8

Each Co-Production shall be made in at least two copies of good picture quality, of equal legal validity, and in two international sound copies, on media which permit independent distribution in Poland and India.

The original negatives, as well as the final version of back up copies and master copy, shall be stored in the country of the majority Co-producer or in another place agreed upon between the Co-producers. Regardless of the place of storage, each Co-producer should have guaranteed access to these materials at any time, so that he may make essential reproductions under terms and conditions agreed upon between the Co-producers.

At least two backup copies of medium and high-budget Co-Productions shall be made. If the Co-producers so agree, only one backup copy and one copy of the materials for reproduction may be made in the case of Co-Productions deemed to be low budget Co-Productions by the Competent Authorities.

ARTICLE 9

In accordance with the laws in force in their States, the Parties shall:

Permit producers, copywriters, directors, technicians, actors and other personnel specified in each Co-Production agreement to enter and briefly stay in their country,

Permit the film equipment and tapes required for Co-Production to be brought into and taken out of the country.

ARTICLE 10

The division of revenues between Co-producers should correspond to their contribution to the Co-Production, taking into account Article 3 para 2 of this Agreement, and should be clearly stated in the Co-Production agreement.

ARTICLE 11

No provision of this Agreement shall imply that the approval of Co-Production or the granting of any associated benefits by the Competent Authorities signifies an obligation by any of the Governments so grant a license, concession, permit or similar decision to Co-producers or any other persons for the dissemination of a Co-Production. Neither shall any such provision imply that these Authorities consider a Co-Production justified or bear any responsibility for it.

ARTICLE 12

If a Co-Production is exported to a third country which applies a maximum quota of such imports, the Co-Production shall be included in the quota of the majority Co-producing State.

If there is no majority Co-producing State, the Co-Production shall be included in the quota of that State-Party which, in the joint opinion of the Co-producers, has better chances of exporting the film. In the absence of agreement between the Co-producers, the Co-Production shall be included in the quota of the country of which the director is a citizen.

If one of the State-Parties enjoys an unlimited right to export its films to a third country which applies a maximum quota of such imports, the Co-Production, like any other domestic production of the State-Party, shall be the subject of unlimited exports to that third country, with the approval of that country’s Competent Authorities.

ARTICLE 13

Each Co-Production destined for presentation shall be endorsed with the caption “A Polish Indian Co-Production” or “An Indian-Polish Co-Production”, depending on the majority Co-producer’s country of origin. In the absence of such a Co-producer, the Co-Production shall be endorsed in accordance with the terms of the Co-Production ent.

The caption referred to in para 1 shall be accommodated in the opening credits and in all advertising and promotional materials, especially whenever such a Co-Production is presented.

ARTICLE 14

Unless otherwise agreed upon by the Co-producers, if a Co-Production is to be presented at an international film festival, it shall be submitted by the majority Co-producer’s country or, in the absence thereof, by the country of which the film director is a citizen.

Prizes, grants and other distinctions granted for the Co-Production shall be divided between the Co-producers in accordance with the terms of the Co-Production agreement and the laws in force in both States.

All non-pecuniary awards granted for the Co-Production, especially any honorary distinctions and statuaries conferred by a third country or by an organization from a third country, shall be kept by the entity specified in the Co-Production agreement or, in the absence thereof, by the majority Co-producer.

ARTICLE 15

The producers governing the application of this Agreement, taking into account the law in force in Poland and in India, are set forth in an Appendix to this Agreement and thus form an integral part thereof.

ARTICLE 16

The Parties shall impose no restrictions on the import, distribution and dissemination of Polish and Indian films to be shown in the cinema or on television, or destined solely for distribution on analogue or digital data carriers, to the extent permitted under the laws of Poland and India.

ARTICLE 17

The Parties and Competent Authorities shall resolve any disputes during the realization of this Agreement by means of negotiations.

For the purpose of a further expansion of co-operation between the two States in the sphere of audiovisual Co-Production, the Parties express their readiness to introduce all necessary amendments and additions to this Agreement in the manner foreseen in the laws of both States.

To facilitate the application of this Agreement, the Parties or Competent Authorities may appoint a Joint Commission which will normally meet every two years, alternately in Poland and in India. The Commission may also be convened for an extraordinary meeting at the motion of the Competent Authorities or one or both Parties, especially in the event of significant changes to the legislation of any of the States-Parties which could affect the implementation of this Agreement, or in the event of major difficulties with its implementation.

ARTICLE 18

This Agreement is subject to acceptance in accordance with the laws of each Party, which shall be effected by means of an exchange of memoranda. The date on which this Agreement enters into force shall be the date on which the later of the two memoranda is received.

This Agreement is concluded for an indefinite period. Either Party may terminate it with six month’s notice, conveyed to the other Party in writing.

Any Co-Productions approved by the Competent Authorities and being realized at the moment of termination of this Agreement by either party shall continue to be bound by the terms thereof until they are completed. If this Agreement expires or is terminated, its provisions will be applied to the division of revenues from completed Co-Productions.

In witness whereof the undersigned, duly authorized by their respective Governments, have signed this Agreement.

Done in ……………on……………….in two counterparts, each of them in Polish and in English, whereby all texts are equally authentic.

For the Government of Republic of INDIA

For the Government of Republic of POLAND

APPENDIX

PROCEDURES

General Provisions

Applications for any benefits under this Agreement in aid of any Co-Production must be submitted simultaneously to the Competent Authorities at least sixty (60) days before filming begins. The Competent Authorities of the State of which the majority Co-producer or another Co-producer indicated by the Co-producers is a citizen shall convey their decision to the Competent Authorities of the other State within thirty (30) days of the submission of the complete documentation listed below. Again within thirty (30) days, the Competent Authorities of the other State shall convey their decision to the Competent Authorities of the first State and to the Co-producer appointed by the Co-producers.

Applications should be supported by the following documents, drawn up in Polish and English in the case of Poland and in English and one of the languages of India in the case of India:

Final version of the screenplay,

Evidence of the lawful acquisition of the copyright necessary to a given Co-Production,

A signed copy of a Co-Production agreement concluded between Co-producers, which should contain:

The title of the Co-Production,

The name of the author of the screenplay or of the person who adapted the screenplay, if it is based on literary sources,

The name of the director,

A synopsis,

A budget plan,

A financial plan, stating the financial input of the Co-producers,

A clause defining the division of revenues and markets,

A clause setting forth a share in the copyright in proportion to the input of individual Co-producers,

A clause describing what to do if the budget is exceeded,

A clause describing the measures to be taken (if one of the Parties does not discharge its obligations,

A clause setting forth the rules governing financial settlements if any Co-producer fails to provide the financial contribution agreed upon in the Co-Production agreement,

A clause confirming that the acceptance of a Co-Production does not imply any production will be distributed in the States-Parties,

A clause obligating the majority Co-producer to take out an insurance policy providing cover at least against “all production risks” and “all production risks connected with original materials.”

The date on which filming commences.

The distribution agreement, if such an agreement has already been concluded,

A list of the filmmakers, actors and technicians, indicating their nationality and, in the case of actors, the names of their characters,

A production schedule,

A detailed budget, showing the expenditures to be incurred by the Co-producers in each country.

IMPORTANT PROVISIONS FOR INDIA

In addition, an application addressed to the Indian Ministry of Information, Radio and Television (MIRT) should be accompanied by four copies of the screenplay and film synopsis, together with a payment mandate for USD 200 payable to the MIRT Department of Payments and Settlements.

If the film is to be shot wholly or partly in India, the Co-producers must provide the Indian Embassy in Poland and MIRT with the following information:

Details of any non-Indian members of the film crew: names, passport numbers and expiry dates, country which issued the passport, nationality, permanent and temporary address.

An accurate description of the shooting locations and the film crew’s travel plans.

A description of the cinematographic equipment and quantity of film to be brought in to India temporarily.

Within three weeks of receipt of the required set of documents, the MIRT will send 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 Jammu and Kashmir, north-eastern States and some border zones.

Permission to film in India may be dependent upon the following conditions:

Permission from a person or his legal heir who is to be portrayed in the film; a copy of the permission should be attached to the screenplay,

If it is necessary to obtain assistance from the Ministry of Defence, Ministry of Education, etc. separate agreements may have to be concluded with these Ministries. Requests for such assistance may be submitted vis the MIRT,

Each film for whose production the assistance of the Armed Forces has been obtained must be presented to the Ministry to the Ministry of Defence in order to obtain permission for its distribution.

In particular cases, a film may have to be presented to a representative of the Government of India or to the Indian Embassy in Poland before it can be shown anywhere in the world. Also in particular cases, a liaison officer may be assigned to a film crew – at the expense of the Government of India.

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 Co-Production.

The final screenplay (with script) should be presented to the Competent Authorities prior to the start of filming.

Amendments, including a change of Co-producer, may be made to the original Co-Production agreement. However, any amendments must be submitted to the Competent Authorities for approval before the Co-Production 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.


India-Newzealand Audio Visual Agreement

admin   July 29, 2019

The Government of the Republic of India and the Government of New Zealand (‘the parties’)Seeking to enhance cooperation between their two countries in the area of film;Desirous of expanding and facilitating the Co-Production of films which may be conducive to the film industries of both countries and to the development of their cultural and economic exchanges;Convinced that these exchanges will contribute to the enhancement of relations between the two countries;

Have agreed as follows:

ARTICLE 1

Definitions

For the purposes of this Agreement

Competent authorities shall be:on behalf of the Republic of India,

the Ministry of Information and; andOn behalf of the Government of New Zealand – to be indicated –

“Co-producer” shall be:as regards the Republic of India:nationals/citizens of the Republic of India;permanent residents of India;

andentities which are established and/or incorporated in India.as regards the New Zealand – to be indicated –

‘Film’ means an aggregate of images, or of images and sounds, embodied in any material, irrespective of length, including animation and docu¬mentary productions, produced in any format, for exploitation in theatres, on tele¬vision, videocassette, videodisc, CD-ROM, DVD or by any other form of distri¬bution. New forms of audiovisual production will be included in this Agreement, through the exchange of notes between the Contracting Parties.

ARTICLE 2

Competent authorities

The competent authorities responsible for the implementation of this Agreement shall be as defined in Article 1.Co-Productions falling within the scope of this Agreement shall be subject to the approval of the competent authorities.

The Contracting Parties shall inform each other if the competent authorities are replaced by others.

ARTICLE 3

Recognition as a National film and Entitlement to Benefits

Views to be indicated later.

ARTICLE 4

Conditions for obtaining approval of Co-Production status

Co-Production films shall require, prior to the commencement of shooting, approval by both the competent authorities. Approvals shall be in writing and shall specify the conditions upon which approval is granted.

In considering proposals for the making of a Co-Production film, both the competent authorities, shall with due regard to their respective policies and guidelines, apply the rules set out in the Annex to this Agreement.

The Co-producers of a film shall have their principal office or a branch office in the territory of one of the Contracting Parties. None of the Co-producers shall be linked by common management, ownership or control.

Technical and artistic personnel are those persons who, in accordance with the domestic law in force in their own country, are recognized as makers of audio-visual productions, in particular screenwriters, directors, composers, editors, directors of photography, art directors, actors and sound technicians. The contribution of each of these persons shall be evaluated individually.

As a rule, the contribution includes at least one leading actor, one supporting actor and/or one qualified technical staff person, in addition to the one person as referred to in paragraph (4) provided that two qualified technical staff persons may substitute for one leading actor.

The Co-producers in either of the two countries shall satisfy themselves about each other’s capability, including their professional knowledge, organizational capability, financial backing and professional reputation. The Contracting Parties are not responsible or liable for the credentials of either of the Co-producers.

The company carrying out the Co-Production shall provide evidence that the primary business of that company is audiovisual (film, television and video) production.

The sharing of expenses and revenues shall be as mutually decided by the Co Producers.

ARTICLE 5

Contributions

Any benefits under this Agreement shall be available for the Co-Production only when investment of finance, material and management including creative and other inputs is not below 20 % (twenty percent) of the total cost coming from the Co-producer of one country. The proportion of the respective contribution of the co producers of the Parties may vary from 20% (twenty percent) to 80% (eighty percent).

Subject to prior approval and in exceptional cases both Competent Authorities may approve Audiovisual Co-Productions where:

the contribution by one Co-producer is limited to the provision of finance only, in which case the proposed finance-only contribution shall be 50% (Fifty per cent) or more of the total budget of the Audiovisual Co-Production; or

Despite falling outside the contribution rules, the Competent Authorities consider that the project would further the objectives of this Agreement and should be approved accordingly.

Both the financial contribution, and the performing, technical, craft and creative participation of each Co-producer shall account for at least 20% (twenty per cent) of the total effort in making the Co-Production film.

ARTICLE 6

Minority and majority contribution in the case of multilateral Co-Productions

Subject to the specific conditions and limits laid down in laws and regulations in force in the Contracting Parties, in the case of multilateral Co-Productions, the minority contribution may not be less than 10% (ten per cent) and the majority contribution may not exceed 70% (seventy per cent) of the total cost of the film.

Both Competent Authorities shall also look favourably upon co production to be undertaken with any other country linked with India and New Zealand by an official co production agreement.

ARTICLE 7

Participants

The persons participating in the production of a film shall fulfill the following requirements:

As regards the Republic of India, they shall be –

Nationals/Citizens of the Republic of India or

Permanent residents of India;

As regards the New Zealand – to be indicated –

Participants in the Co-Production as defined in sub paragraphs (a) and (b) must at all times throughout the production retain their national status, and may not acquire or lose such status at any point during the course of production activity.

Subject to the approval of the competent authorities:

where script or costs dictates, restricted numbers of performers from other countries may be engaged;

in exceptional circumstances, restricted numbers of technical personnel from other countries may be engaged

ARTICLE 8

Film Processing, Laboratory work, Negatives and Languages etc.

The processing of film including the laboratory work, digital intermediate, visual and special effects work shall be done in either India or New Zealand unless it is technically impossible to do so, in which case the Competent Authorities of both countries may authorize such work in a country not participating in the co production.

At least 90% (ninety per cent) of the footage included in a Co-Production film shall be specially shot or crated for the film unless otherwise approved by the competent authorities

Two negatives, or at least one negative and one duplicate negative, shall be made of all Co-produced films. Each Co-producer shall be entitled to make a further duplicate or prints there from. Each Co-producer shall also be entitled to use the original negative in accordance with the conditions agreed upon between the Co-producers themselves.

The original soundtrack of each Co-Production film shall be made in Hindi or any other Indian language or dialect or, in English or —– or in any combination of those permitted languages. Dialogue in other languages may be included in the Co-Production, as the script requires.

The dubbing or subtitling into one of the permitted languages of the Republic of India or New Zealand shall be carried out in the Republic of India, or in the New Zealand. Any departure from this principle must be approved by the competent authorities.

Post-release print dubbed into any other language may be carried out in third countries

The soundtrack may contain sections of dialogue in any language in so far as is required by the script.

ARTICLE 9

Location Shooting

Live action shooting and animation works such as storyboards, layout, key animation, in between and voice recording must, in principle, be carried out either in India or in New Zealand.

The Competent Authorities may approve location shooting in a country other than those of the participating Co-producers if the script or action so requires and if technicians from India and New Zealand take part in the shooting.

Notwithstanding Article 7, where location shooting is approved in accordance with the present Article, citizens of the country in which location shooting takes place may be employed as crowd artists, in small roles, or as additional employees whose services are necessary for the location work to be undertaken.

ARTICLE 10

Entry in International Festivals

The majority Co-producer shall normally enter Co-produced films in international festi¬vals.

Films produced on the basis of equal contributions shall be entered as a film of the country of which the director is a national, and if this is not possible then the film shall be submitted as a film of the country of which the lead actor is a national, subject to the agreement of the competent authorities of both Contracting Parties.

ARTICLE 11

Export of Co produced Film

Where a Co-Production is exported to a country that has quota regulations, it shall be included in the quota of the Party:

which is the majority Co-producer;

that has the best opportunity of arranging for its export, if the respective contributions of the Co-producers are equal;

of which the director is a national, if any difficulties arise with the application of sub-paragraphs (a) and (b) hereof.

Not withstanding Paragraph 1, in the event that one of the Co-producing countries enjoys unrestricted entry of its films into a country that has quota regulations, a Co-Production undertaken under this Agreement shall be as entitled as any other national production of the above-mentioned Co-producing country to unrestricted entry into the importing country if that above-mentioned Co-producing country so agrees.

ARTICLE 12

Acknowledgements, Credits

A Co-Production film and the promotional material associated with it shall include either a credit title indicating that the film is an ‘Official Indian-New Zealand Co-Production” or an ‘Official New Zealand – Indian Co-Production” or , where relevant, a credit which reflects the participation of the Republic of India, New Zealand and the country of a third Co-producer.

ARTICLE 13

Temporary Entry into the country

For approved Co-Productions, each Contracting Party shall facilitate, in accordance with the domestic law in force in its country:

Entry into and temporary residence in its territory for technical and artistic personnel of the other Contracting Party;

the import into and export from its territory of technical and other filmmaking equipment and materials by producers of the other Contracting Party.

ARTICLE 14

Permission for Public Exhibition

Permission for public exhibition will be in accordance with local laws in both India and New Zealand.

The approval of Co-Production status under this Agreement will not mean a commitment to permit public exhibition of the Audiovisual Co-Production.

ARTICLE 15

Balanced contribution

A general balance should be maintained with regard to both the artistic and technical personnel, including the cast, and with regard to the financial investment and facilities (studios, laboratories, and postproduction).

The Joint Commission, established in terms of Article 16, shall carry out a review to see whether this balance has been maintained and, if this is not the case, shall take measures, which it considers necessary in order to re-establish such a balance.

ARTICLE 16

Joint Commission

The Joint Commission shall be composed of representatives from the Competent Authorities and from the audio-visual industry of both the contracting parties.

The role of the Joint Commission shall be to supervise and review the operation of this Agreement and to make any proposals considered necessary to improve the effect of the Agreement.

The Joint Commission shall be convened, whether by meeting or otherwise, at the request of either of the Parties within six months of such a request.

ARTICLE 17

Status of Annex

The Annex to this agreement constitutes an implementing arrangement in respect of this Agreement and shall be read in conjunction with the provisions of this Agreement

Subject to paragraph 2 of Article 18, any modifications to the Annex shall be agreed by both the competent authorities. No modifications to the Annex shall conflict with the provisions of this Agreement.

Modifications to the Annex shall be confirmed by the competent authorities in writing and shall take effect on the date they specify.

ARTICLE 18

Entry into Force

Each of the Parties shall notify the other in writing through the diplomatic channel of the completion of any procedure required by its constitutional law for giving effect.

ARTICLE 19

Amendment

Subject to paragraph 2 of this Article, this Agreement may be amended by written agreement between the two parties through an exchange of diplomatic notes. Amendments shall take effect on the date specified in the notes.

Either Party may by diplomatic note notify the other of a change in its competent authority. The change shall take effect on the date specified in the note.

ARTICLE 20

Settlement of Disputes

Any dispute between the Contracting Parties arising out of the interpretation or implementation of this Agreement shall be settled consensually through consultation and negotiation.

ARTICLE 21

Duration and Termination

The term of this Agreement shall be for a period of three years from the date it enters into force and thereafter automatically renewed for further periods of three years.

Either Contracting Party may terminate this Agreement by giving six months’ written notice in advance of such intention to the other Contracting Party through the diplomatic channel.

Termination of this Agreement shall have no effect on the comple-tion of Co-Productions approved prior to its termination.

Done at ______________________-this ____day of ______________, ________in the English and Hindi languages, both texts being equally authentic. In case of any divergence in interpretation, the English text shall prevail.

For the Government of Republic of INDIA

For the Government of NEW ZEALAND

Annexure to Agreement between the Government of the Republic of India and the Government of the ____________________ on Audio Visual Co-Productions

(Rules of procedure for applications for approval of Co-Production status under this agreement)

Applications for qualification of a film for Co-Production benefits under this Agreement for any Co-Production must be made simultaneously to both competent authorities at least thirty (30) days before shooting begins.

The competent authority of both Parties shall communicate their proposal to the other competent authority within twenty (20) days of the submission of the complete documentation as described in paragraph 3 below.

Documentation submitted in support of an application shall consist of the following items, drafted in _________in the case of _______ and in English in the case of India:

3.1 The final script and synopsis; Co-Productions under this Agreement shall be shot in ____________or India, as the case may be, in accordance with the guidelines of the respective country; The Parties shall inform each other from time to time of relevant guidelines and any changes thereto.

3.2 Documentary proof of having legally acquired the rights to produce and exploit the Co-Production and that the copyright for the Co-Production has been legally acquired;

3.3 a copy of the Co-Production contract signed by the two Co-producers.

The contract shall include –

the title of the Co-Production;

the name of the author of the script, or that of the adaptor if it is drawn from a literary source; necessary permission for adapting the literary work into a film from the author/legal heirs may be attached;

the name of the director (a substitution clause is permitted to provide for his/her replacement if necessary);

the budget;

the financing plan;

a clause establishing the sharing of revenues, markets, media or a combination of these;

a clause detailing the respective shares of the Co-producers in any over or under expenditure, which shares shall in principle be proportional to their respective contributions, although the minority Co-producer’s share in any over expenditure may be limited to a lower percentage or to a fixed amount providing that the minimum proportion permitted under Article 9 of the Agreement is respected;

a clause stating that the competent authorities have to be informed if the percentage of the contribution of a co- producer changes subsequent to the approval of the competent authorities; in any case, the contribution may not be less than the minimum contribution agreed in Article 9;

a clause stating that films Co-produced under this Agreement may be publicly exhibited in either country in accordance with prescribed rules/procedures;

a clause recognizing that admission to benefits under this Agreement does not constitute a commitment that governmental authorities in either country will grant a license to permit public exhibition of the Co-Production;

a clause prescribing the measures to be taken where:

(i) after full consideration of the case, the competent authorities in either country refuse to grant the benefits applied for;

(ii) the competent authorities prohibit the exhibition of the Co-Production in either country or its export to a third country;

(iii) either one or the other Party fails to fulfill its commitments;

the period when shooting is to begin;

a clause stipulating that the majority Co-producer shall take out an insurance policy covering at least “all production risks” and “all original material production risks”; and

a clause providing for the sharing of the ownership of copyright on a basis that it is proportionate to the respective contributions of the Co-producers.

3.4 the distribution contract, where it has already been signed, or a draft if it has yet to be concluded;

3.5 a list of the creative and technical personnel indicating their nationalities and, in the case of performers, the roles they are to play;

3.6 the production schedule;

3.7 the detailed budget identifying the expenses to be incurred by each country; and

3.8 all contracts and other relevant financial documentation for all participants in the financial structure.

The competent authorities can demand any further documents and all other additional information deemed necessary.

In principle, the final shooting script (including the dialogue) should be submitted to the competent authorities prior to the commencement of shooting.

Amendments, including the replacement of a Co-producer, may be made in the original contract, but they must be submitted for approval by the competent authorities before the Co-Production is finished. The replacement of a Co-producer may be allowed only in exceptional cases and for reasons satisfactory to both the competent authorities.

The competent authorities will keep each other informed of their respective decisions.


India-Korea Audio Visual Agreement

admin   July 29, 2019

The Government of the Republic of India hereinafter referred to as “India”) and the Government of the Republic of Korea (hereinafter referred to as “Korea”) ; hereinafter individually referred to as the “Party” and jointly referred to as the “Parties”.

RECALLING Article 9.1 of the Comprehensive Economic Partnership Agreement between the Republic of Korea and the Republic of India (hereinafter referred to as “CEPA between Korea and India”) signed in Seoul on 7th August 2009, which recognizes the importance of audio-visual co-productions and envisages co-production agreements between the Parties in the audio-visual sector;

FURTHER RECALLING paragraph 2, Article 9.1 of the CEPA between Korea and India which stipulates that such an agreement is an integral part of the CEPA between Korea and India;

DESIRING to expand and facilitate the co-production of audio-visual works in the context of cultural cooperation between the Parties; and

CONVINCED that such cooperation will contribute to the facilitation of cultural and economic exchanges between the Parties;

HAVE AGREED as follows:

ARTICLE 1:

Definitions

For the purposes of this Agreement:

(a) “Audio-visual co-production” means an audio-visual work such as films, animations and broadcasting programmes made by one or more co-producer(s) of a Party in cooperation with one or more co-producer(s) of the other Party (or in the case of a third country co-production under Article 5, with one or more co-producer(s) of a third country) which is approved by the competent authorities of each Party. New forms of audio-visual co-productions shall be included in this Agreement by an exchange of notes between the Parties.

(b) “Film” means a series of images or of images and sound, including animation and documentary productions, produced in any format, which is intended to be shown in a cinema.

(c) “Co-producer” means a national or juridical person of Korea or a national or juridical person of India involved in the making of an audio-visual co-production, or, in relation to Article 5, a national or juridical person of a third country;

(d) “Juridical person” means any legal entity duly constituted or otherwise organized under applicable law, whether for profit or otherwise, and whether privately-owned or governmentally-owned, including any corporation, trust, partnership, joint venture, sole proprietorship or association or society; and

(e) “National” means :

(i) for Korea, a Korean as defined in Article 2 of the Constitution of Korea and its laws; and

(ii) for India, a citizen of the Republic of India.

ARTICLE 2:

Approval of Audio-Visual Co-Productions

1.Applications for the making of an audio-visual co-production shall be submitted to the competent authorities of the Parties. The competent authorities may, subject to this Agreement and the laws and regulations of each Party, approve applications submitted to them prior to the commencement of the shooting for the making of an audio-visual co-production. Approvals granted by the competent authorities shall be in writing and may specify the conditions upon which the approval is granted.

2.When approving an audio-visual work as an audio-visual co-production, the competent authorities shall ensure that none of the co-producers shall be linked, directly or indirectly, through legal entities with common management, ownership or control, except to the extent that it is inherent in the making of the audio-visual co-production itself.

3.The competent authorities of the Parties may, to the extent possible under their laws and regulations, exchange all information concerning the approval, rejection, change or withdrawal of any application for the approval of an audio-visual co-production. In this context, the competent authorities of the Parties may ensure that an audio-visual work conforms to the provisions of this Agreement. Each competent authority, in deciding whether to approve or refuse an application, shall apply the relevant laws and regulations of that Party.

4.The competent authorities of the Parties may subject the audio-visual co-production to final approval upon completion of the audio-visual co-production and prior to its distribution.

5.The approval of an audio-visual work as an audio-visual co-production by the competent authorities, shall not bind the relevant authorities of either Party to permit the public exhibition or broadcast of the completed audio-visual co-production.

ARTICLE 3:

Entitlement to Benefits

  1. An audio-visual co-production made in accordance with this Agreement shall be fully entitled to all the benefits which are or may be accorded to national audio-visual work by each Party under the laws and regulations of that Party.
  2. Any benefits accorded to an audio-visual co-production by either Party shall be administered, including in respect of the co-producer that may apply for, receive, and dispose of such benefits, in accordance with the laws and regulations of that Party.

ARTICLE 4:

Contributions

  1. The minimum respective financial contributions to a co-produced audio-visual work other than a broadcasting programme (including animation for broadcasting purposes), of the co-producers of each Party shall not be less than 20 percent of the total production cost of the co-produced audio-visual work. With respect to a broadcasting programme (including animation for broadcasting purposes), this contribution shall not be less than 30 percent of the total production cost. Calculation of the financial contribution may include in-kind contributions.
  2. The performing, technical and craft contribution (being the “creative” contribution) of each co-producer to a co-produced audio-visual work shall be in reasonable proportion to each co-producers’ financial contribution.

ARTICLE 5:

Third Country Co-Productions

  1. Where either Party maintains with a third country an audio-visual co-production agreement (or arrangement of less-than-treaty status), the competent authorities of the Parties may approve an audio-visual work that is to be made in conjunction with one or more co-producer(s) from that third country as an audio-visual co-production under this Agreement provided that one or more co-producer(s) of Korea and one or more co-producer(s) of India are engaged in that audio-visual co-production.
  2. In the case of paragraph 1, both the financial and creative contributions of one or more co-producer(s) of the third country shall, consistent with paragraph 1 of Article 4, account for at least 10 percent of the total financial and creative contribution to the co-produced audio-visual work.

ARTICLE 6:

Participation

  1. Persons participating in an audio-visual co-production shall be nationals of the Parties and in the case of a third country co-production under Article 5, nationals of the third country.
  2. Notwithstanding paragraph 1, the competent authorities of the Parties may approve:

(a). where the script or financing dictates, the participation of restricted numbers of performers from other countries; and

(b). in exceptional circumstances, the participation of restricted numbers of technical personnel from other countries.

ARTICLE 7:

Temporary Entry

In accordance with its laws and regulations in force, each Party shall endeavour to facilitate the entry into and temporary stay in its respective territory of the artistic and technical personnel and performers from the other Party for the purpose of the audio-visual co-production.

ARTICLE 8:

Temporary Importation of Material and Equipment for the Purpose of Making an Audio-Visual Co-production

Notwithstanding the provisions of Chapter Two (Trade in Goods) in the CEPA between Korea and India, the Parties shall, in conformity with their respective laws and regulations, examine and endeavour to allow the temporary importation of the technical material and equipment necessary for the audio-visual co-production under this Agreement by the artistic and technical personnel and performers from the territory of a Party into the territory of the other Party.

ARTICLE 9:

Credits

An audio-visual co-production and the advertising and promotional material associated with it shall include either a credit title indicating that the audio-visual co-production is an “Official Korea-India Co-Production” or an “Official India-Korea Co-Production” or, where relevant, a credit which reflects the participation of Korea, India and the third country co-producer, according to the origin of the majority co-producer or in accordance with an agreement between the co-producers.

ARTICLE 10:

Institutional Mechanism Competent Authorities

  1. Each Party hereby designates the following competent authorities for the purposes of implementing this Agreement:

(a) for Korea, the Ministry of Culture, Sports and Tourism/ the Korean Film Council (KOFIC) for films (including animation film) and the Korea Communications Commission for broadcasting programmes (including animation for broadcasting purposes), or their successors; and

(b) for India, the Ministry of Information and Broadcasting or its successor. Either Party may change its appointed competent authority by giving notice to the other Party through diplomatic channels. The change in the competent authority shall take effect 30 days after the notice has been received.

  1. The competent authorities may examine the implementation of this Agreement and consult with each other to resolve any difficulties arising out of its application.
  2. Soon after the entry into force of this Agreement, the competent authorities of the Parties shall exchange their respective laws and regulations concerning the procedures and documentations necessary for approval and benefits to be accrued to the audio-visual co-production and the co-producer(s) of each Party. The competent authorities of the Parties shall periodically update such information. Ad hoc Committee
  3. Either Party may request to establish an ad hoc Committee to discuss any matter related to this Agreement by delivering a written request to the competent authority of the other Party and the other Party shall give due consideration to the request. The ad hoc Committee shall comprise appropriate senior officials from the competent authorities and/ or other appropriate agencies and ministries of each Party. The ad hoc Committee shall discuss the matter at a time and place agreed to by the Parties.

ARTICLE 11

Non-Application of Dispute Settlement Provisions

Chapter Fourteen (Dispute Settlement) of the CEPA between Korea and India shall not apply to any matter or dispute arising under this Agreement. Any dispute arising out of the interpretation and implementation or application of any of the provisions of this Agreement shall be settled amicably through mutual discussions and dialogue between the Parties.

ARTICLE 12:

Entry into Force

This Agreement shall enter into force once the Parties have notified each other in writing that their respective necessary legal procedures for the entry into force of this Agreement have been completed. This Agreement shall enter into force on the latter date of these two notifications.

ARTICLE 13:

Amendment

  1. The Parties shall supervise and review the implementation of this Agreement and make any proposals considered necessary for any amendment of this Agreement.
  2. The Parties may amend this Agreement at any time by mutual written consent. Such an amendment shall constitute an integral part of this Agreement and enter into force on such date as may be agreed upon by the Parties after the Parties have exchanged written notifications confirming to the other Party that they have completed the necessary internal legal procedures.

ARTICLE 14:

Duration and Termination

  1. This Agreement shall be terminated when the CEPA between Korea and India is terminated.
  2. Notwithstanding paragraph 1, this Agreement shall continue as if in force in respect of any audio-visual co-production approved by the competent authorities and yet to be completed prior to the termination of this Agreement.

India-Italy Audio Visual Agreement

admin   July 29, 2019

The Government of the Republic of india and the Government of Italian Republic, hereinafter referred to as the parties,

CONSIDERING that it is desirable to establish a framework for the development of their audiovisual relations and particularly for film television and video Co-Productions;

CONSCIOUS that quality Co-Productions can contribute to the further expansion of the film, television and video production and distribution industries of both countries as well as to the development of their cultural and economic exchanges;

CONVINCED that these exchanges will contribute to the enhancement of relations between the two countries;

Have agreed as follows:

ARTICLE 1

In this Agreement, unless the Agreement otherwise requires:

A Co-Production is a film including feature films, documentaries, science films, animation films and commercials, irrespective of length, either on film, videotape or videodisc, which can be shown in cinemas, on television or on video recorders jointly’ invested in and produced by producers from the two countries and made in accordance with the terms of recognition given by the competent authorities of India and Italy under this Agreement. New forms of audio-visual production and distribution shall be included in the present Agreement by exchange of notes between the Parties.

Co-Production projects undertaken under the present Agreement must be recognized by the following authorities, referred to hereinafter as the competent authorities:

In Italy- by the Ministry of Cultural Properties and Activities, Department of Entertainment and Sport, General Management of Cinema; and

In India by the Ministry of Information and Broadcasting.

Co production produced under the terms of this Agreement shall be taken in either of the two countries as National Production with every benefit available as National Production but will abide by applicable national law for distribution and production. These benefits, however, accrue to the producer from the country, which grants them.

ARTICLE 2

The co- producers in either of the two countries shall satisfy themselves about each other’s capability, including their professional knowledge, organizational capability, financial backing and professional reputation.

The Government of India and Italy shall in no way be responsible or liable with regard to satisfaction of either of the co producers.

ARTICLE 3

Any benefits under this Agreement shall be available for co production only when investment of finance, material and management including creative and other inputs not below 20% of the total cost comes from Co-producer of one country provided always that specific percentage contribution will be decided amongst producers themselves.

Notwithstanding anything stated in above paragraph, the two parties may at any time decide jointly in writing to make appropriate changes, in percentage, as maybe deemed fit.

ARTICLE 4

The producers of a Co-Production shall be citizens or permanent resident either of Italy or India subject to any sort of compliance of the obligations created by European Union Italy as a member.

In the event of dire need of Co-Production, persons other than citizen or permanent resident as stated hereinabove are permissible to be engaged without losing the character of Co-Production in case advance written permission from both the countries is obtained after explaining the reasons of inclusion of such person.

ARTICLE 5

Live action shooting and animation works such as storyboards, layout, key animation, in between and voice recording must, in principle, be carried out alternatively in Italy or in India.

Location shooting, exterior or interior, in a country not participating in the Co-Production however, is acceptable at discretion if the script or the action so requires and if technicians from Italy and India take part in the shooting.

The laboratory work shall be done in either Italy or India, unless it is technically impossible to do so, in which case the laboratory work in a country not participating in the Co-Production can be permitted by the competent authorities of both countries.

ARTICLE 6

The Co-Production shall have the original soundtracks in English or Italian or in other Indian language or dialect, which can further be dubbed in any of these languages.

In the event, if script so desires, any other language can be used for stray dialogues with permission from authorities

It will be necessary that the dubbing or sub-titling of the Co-Production will be done or performed either in India or Italy. Dubbing or sub-titling in Indian languages should be performed in India and dubbing or sub-titling in Italian in Italy and dubbing or sub-titling in English could be performed in Italy or India depending upon the agreement between Co-producers.

ARTICLE 7

A Co-produced film shall have two negatives or one negative and one dupe negative, or as agreed between the two Co-producers, with two international sound tracks for making copies. Each Co-producer shall own one good quality print, one dupe positive and one international sound track and have the right to make copies. Moreover with the approval of the Co-producers either Co-producer may use the footage from the above-mentioned material for other purposes. Furthermore, each Co-producer shall have access to the original production material in accordance with the conditions agreed upon between the Co-producers.

ARTICLE 8

Both Italy and India will facilitate entry and short stay in either of the two countries for directors, actors, producers, writers, technicians and other personnel prescribed in each co production contract as per the applicable laws and importing of equipment shall also be in accordance with the applicable laws.

ARTICLE 9

The sharing of revenues by he co-produces shall, in principle, be proportional to their respective contributions and be specifies in the agreement between the co producers. The respective contribution of each Co-producer may be decided mutually on the basis of principles elaborated in Article 3.

ARTICLE 10

The minority investment Co-producer shall pay any balance outstanding on his contribution to the majority investment Co-producer within sixty (60) days following delivery of all the materials required for the production of the version of the film in the language of the minority country. The majority investment Co-producer will have the same obligations towards the minority investment Co-producer.

Failure to meet this requirement shall entail the loss of benefit of the Co-Production. This requirement will invariably be reflected in the contract drawn up between the

Co-producers to enable projects to be recognized under this Agreement.

ARTICLE 11

Approval of a proposal for the Co-Production of a film by the competent authorities of both countries is in no way binding upon them in respect of the granting of permission to show the film thus produced.

ARTICLE 12

When a Co-produced film is exported to a country, which has quota limitations:

in principle, the Co-produced film shall be included in the quota of the country of the majority investment;

if both Co-producers have made an equal investment, Co-producers of both sides shall decided the quota in question through mutual consultation, so that the Co-produced film can be included in the quota of the country that can make better arrangements for the export of the film;

if difficulties still exist, the co produced film shall be included in the quota of the country of which the director is a national

Notwithstanding the above, in the event that one of the Co-producing countries enjoys unrestricted entry of its films into a country that has quota regulations, a

Co-Production under this Agreement shall be entitled as any other national production of that country to unrestricted entry into the importing country if that country so agrees.

ARTICLE 13

A Co-Production shall when shown, be identified as an Italy-India Co- Production; or India-Italy Co-Production according to the origin of the majority Co-producer or in accordance with an agreement between Co-producers.

Such identification shall appear in the credits, in all commercial advertising and promotional material and whenever the Co-Production is shown.

ARTICLE 14

In the event of presentation at international film festivals, and unless the Co-producers agree otherwise, a Co-Production shall be entered by the country of the majority investment Co-producer or, in the event of equal financial participation of the Co-producers, by the country of which the director is a national.

Prizes, grants, incentives and other benefits awarded to the cinematographic or audiovisual works may be shared between the Co-producers, in accordance with what has been established in the Co-Production contract and in conformity with applicable laws in force.

All prizes which are not in cash form, such as honorable distinctions or trophies awarded by third countries, for cinematographic and audiovisual works produced according to the norms established by this agreement, shall be kept in trust by the majority Co-producer or according to terms established in the Co-Production contract/agreement.

ARTICLE 15

The competent authorities of both countries shall jointly establish, through a subsequent exchange of notes the rules of procedure for Co-Productions, taking into account the laws and regulations in force in Italy and in India.

ARTICLE 16

No restrictions shall be placed on the import, distribution and exhibition of Indian film, television and video productions in Italy or that of Italian film, television and video productions in India other than those contained in the legislation and regulations in force in each of the two countries, including in case of Italy the obligation deriving from the norms of the European Union insofar as the free circulation of goods among Italy and other European Union countries in concerned, will be respected.

ARTICLE 17

Any difference or dispute regarding the implementation of this Agreement shall be settled by mutual consultation and negotiation. This does not absolve the right of co producers who enter into various contracts to seek legal remedies- such remedies may include conciliation, mediation and arbitration.

The rights arising out of this Agreement will not be enforceable at the instance of third party (ies) who are not signatory to this Agreement.

An appropriate Joint Commission may look after the implementation of this Agreement. A meeting of the Joint Commission shall take place in principle once every two years alternately in the two countries. However, it may be convened for extraordinary sessions at the request of one or both authorities, particularly in the case of major amendments to the legislation or the regulations governing the film television and video industries in one country or the other, or where the application of this Agreement present various difficulties and shall submit to the Authorities in the two countries, for consideration, the necessary amendments in order to resolve any difficulties arising from the application of this agreement as well as t improve it in the best interest of both countries. The recommendations of the Joint Commission are not binding on the two Governments.

ARTICLE 18

The present Agreement shall come into force when each Party has informed the other that its international ratification procedures have been completed.

It shall be valid for a period of three (3) years from the date of its entry into force, a tacit renewal of the Agreement for like periods shall take place unless one or the other Party gives written notice of termination six (6) months before the expiry date.

Co-Productions which have been recognized by the authorities and which are in progress at the time of notice of termination of this Agreement by either Party shall continue to benefit fully until completion from the provisions of this Agreement. After expiry or termination of this Agreement, its terms shall continue to apply to the division of revenues from completed Co-Productions.

DONE in three originals at Rome, this 13th Day of 2005, each in Italian, English and Hindi language, all versions being equally authentic. In case of any divergence in interpretation, the English text shall prevail.

In Witness Whereof, the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.

For the Government of the Republic of INDIA

For the Government of ITALIAN Republic


India-Germany Audio Visual Agreement

admin   July 29, 2019

The Government of the Republic of India and the Federal Republic of Germany (hereinafter jointly referred to as the “Contracting Parties”);

Considering that audio-visual Co-Productions can significantly contribute to the development of the film industry and to an intensification of the cultural and economic exchange between the two countries;

Resolved to stimulate cultural and economic co-operation between the Republic of India and the Federal Republic of Germany;

Desiring to create conditions for good relations in the audio-visual area, particularly for the Co-Production of films and TV and video productions;

Mindful of the fact that the quality of Co-Productions can help to expand the production of TV and video productions of both countries;

Have agreed as follows

ARTICLE 1

Definition of “audio-visual Co-Production”

For the purpose of this Agreement, an “audiovisual Co-Production” is a project irrespective of length, including animation and documentary productions, produced in any format, for exploitation in theatres, on television, videocassette, videodisc, CD-ROM, DVD or by any other form of distribution. New forms of audiovisual production will be included in this Agreement, through the exchange of notes between the Contracting Parties.

ARTICLE 2

Competent authorities

The competent authorities responsible for the implementation of this Agreement shall be:

On behalf of the Republic of India , the Ministry of Information and;

Broadcasting on behalf of the Federal Republic of Germany, the Federal Office of Economics and Export Control (BAFA).

Co-Productions falling within the scope of this Agreement shall be subject to the approval of the competent authorities.

The Contracting Parties shall inform each other if the competent authorities are replaced by others.

ARTICLE 3

Approval as national films

Films, which are produced within the framework of this Agreement, shall be deemed national films.

These films shall be entitled to claim all state support benefits available to the film and video industries and the privileges granted by the provisions in force in the respective countries.

ARTICLE 4

Conditions for obtaining approval of Co-Production status

Any benefits under this Agreement shall be available for the Co-Production only when investment of finance, material and management including creative and other inputs is not below 20 % (twenty percent) of the total cost coming from the Co-producer of one country.

The Co-producers of a film shall have their principal office or a branch office in the territory of one of the Contracting Parties. None of the Co-producers shall be linked by common management, ownership or control.

Technical and artistic personnel are those persons who, in accordance with the domestic law in force in their own country, are recognized as makers of audio-visual productions, in particular screenwriters, directors, composers, editors, directors of photography, art directors, actors and sound technicians. The contribution of each of these persons shall be evaluated individually.

As a rule, the contribution includes at least one leading actor, one supporting actor and/or one qualified technical staff person, in addition to the one person as referred to in paragraph (3) provided that two qualified technical staff persons may substitute for one leading actor.

The Co-producers in either of the two countries shall satisfy themselves about each other’s capability, including their professional knowledge, organizational capability, financial backing and professional reputation. The Contracting Parties are not responsible or liable for the credentials of either of the Co-producers.

The company carrying out the Co-Production shall provide evidence that the primary business of that company is audiovisual (film, television and video) production.

ARTICLE 5

Participants

The persons participating in the production of a film shall fulfill the following requirements:

As regards the Republic of India , they shall be –

Nationals/Citizens of the Republic of India or

Permanent residents of India

As regards the Federal Republic of Germany, they shall be

Germans within the meaning of the Basic Law

Persons who are rooted in the German culture and have their legal residence in the territory of the Federal Republic of Germany;

Nationals of a member state of the European Union; or

Nationals of another party to the Agreement on the European Economic Area (EEA) of 2 May 1992.

Participants in the Co-Production as defined in sub paragraphs (a) and (b) must at all times throughout the production retain their national status, and may not acquire or lose such status at any point during the course of production activity.

Should the film so require, the participation of professionals who are not citizens of one of the Co-producing countries may be permitted, but only in exceptional circumstances, and subject to agreement between the competent authorities of both Contracting Parties.

ARTICLE 6

Film Negatives and Languages

Two negatives, or at least one negative and one duplicate negative, shall be made of all Co-produced films. Each Co-producer shall be entitled to make a further duplicate or prints there from. Each Co-producer shall also be entitled to use the original negative in accordance with the conditions agreed upon between the Co-producers themselves.

The original soundtrack of each Co-Production film shall be made in Hindi or any other Indian language or dialect or, in English or German or in any combination of those permitted languages. Dialogue in other languages may be included in the Co-Production, as the script requires.

The dubbing or subtitling into one of the permitted languages of the Republic of India or into German shall be carried out in the Republic of India , or in the Federal Republic of Germany or in another Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area respectively. Any departure from this principle must be approved by the competent authorities.

ARTICLE 7

Entry in International Festivals

The majority Co-producer shall normally enter Co-produced films in international festivals.

Films produced on the basis of equal contributions shall be entered as a film of the country of which the director is a national, provided that the director is not from a country contemplated in Article 5(1) (a) (iv), in which case the film shall be submitted as a film of the country of which the lead actor is a national, subject to the agreement of the competent authorities of both Contracting Parties.

ARTICLE 8

Minority and majority contribution in the case of multilateral Co-Productions

Subject to the specific conditions and limits laid down in laws and regulations in force in the Contracting Parties, in the case of multilateral Co-Productions, the minority contribution may not be less than 10% (ten per cent) and the majority contribution may not exceed 70% (seventy per cent) of the total cost of the film.

ARTICLE 9

Contributions of the producers

Notwithstanding the provisions of this Agreement and in the interest of bilateral Co-Productions, even those films, which are produced in one of the two countries and where the minority contribution is limited to financial investment, may be granted Co-Production status according to the Co-Production agreement. In such a case, the minority contribution may not be less than 20% (twenty per cent) of the final total cost of the film.

The granting of Co-Production status to each individual production of this kind shall be subject to the prior approval by the competent authorities.

The expenses incurred in the territories of the Contracting Parties for the promotion of such Co-Productions shall be compensated within two years of the completion of the project.

ARTICLE 10

Balanced contribution

A general balance should be maintained with regard to both the artistic and technical personnel, including the cast, and with regard to the financial investment and facilities (studios, laboratories, and postproduction).

The Joint Commission, established in terms of article 12, shall carry out a review to see whether this balance has been maintained and, if this is not the case, shall take measures, which it considers necessary in order to re-establish such a balance.

ARTICLE 11

Credits

A Co-Production film and the promotional materials associated with it shall include either a credit title indicating that the film is “an official German-Indian Co-Production” or “an official Indian German Co-Production” or where relevant a credit which reflects the participation of the Federal Republic of Germany, Republic of India and the country of the third co producer.

ARTICLE 12

Joint Commission

The Joint Commission shall be composed of representatives from Government and from the film, television and video industries of both Contracting Parties.

The role of the Joint Commission shall be to supervise and review the implementation and operation of this Agreement and to make any proposals considered necessary to improve the implementation of the Agreement.

The Joint Commission shall be convened, whether by meeting or otherwise, at the request of either of the Contracting Parties within six months of such a request.

ARTICLE 13

Temporary Entry into the country

For approved Co-Productions, each Contracting Party shall facilitate, in accordance with the domestic law in force in its country:

Entry into and temporary residence in its territory for technical and artistic personnel of the other Contracting Party;

The import into and export from its territory of technical and other filmmaking equipment and materials by producers of the other Contracting Party.

ARTICLE 14

Amendment

This Agreement may be amended by the mutual consent of the Contracting Parties through the exchange of notes between the Contracting Parties through the diplomatic channel.

ARTICLE 15

Settlement of Disputes

Any dispute between the Contracting Parties arising out of the interpretation or implementation of this Agreement shall be settled consensually through consultation and negotiation.

ARTICLE 16

Entry into Force, Duration and Termination

This Agreement shall enter into force on the date of signature.

This Agreement including the annex, which forms an integral part of this agreement, shall remain in force for an unlimited period of time, unless terminated in terms of paragraph.

Either Contracting Party may terminate this Agreement by giving six months’ written notice in advance of such intention to the other Contracting Party through the diplomatic channel.

Termination of this Agreement shall have no effect on the completion of Co-Productions approved prior to its termination.

Done at Berlinon this day of 16th of February 2007 in two originals each in English, German and Hindi, all three versions being authentic. In case of any divergence of interpretation, the English text shall prevail.

(Rules Of Procedure for applications for approval of Co-Production status under this agreement)

Applications for qualification of a film for Co-Production benefits under this Agreement for any Co-Production must be made simultaneously to both competent authorities at least thirty (30) days before shooting begins.

The competent authority of both Parties shall communicate their proposal to the other competent authority within twenty (20) days of the submission of the complete documentation as described in paragraph 3 below.

Documentation submitted in support of an application shall consist of the following items, drafted in German in the case of Germany and in English in the case of India :

3.1 The final script and synopsis; Co-Productions under this Agreement shall be shot in Germany or India, as the case may be, in accordance with the guidelines of the respective country; The Parties shall inform each other from time to time of relevant guidelines and any changes thereto.

3.2 documentary proof of having legally acquired the rights to produce and exploit the Co-Production and that the copyright for the Co-Production has been legally acquired;

3.3 a copy of the Co-Production contract signed by the two Co-producers.

The contract shall include

The title of the Co-Production;

The name of the author of the script, or that of the adaptor if it is drawn from a literary source; necessary permission for adapting the literary work into a film from the author/legal heirs may be attached;

The name of the director (a substitution clause is permitted to provide for his/her replacement if necessary);

The budget;

The financing plan;

A clause establishing the sharing of revenues, markets, media or a combination of these;

A clause detailing the respective shares of the Co-producers in any over or under expenditure, which shares shall in principle be proportional to their respective contributions, although the minority Co-producer’s share in any over expenditure may be limited to a lower percentage or to a fixed amount providing that the minimum proportion permitted under Article 9 of the Agreement is respected;

A clause stating that the competent authorities have to be informed if the percentage of the contribution of a co- producer changes subsequent to the approval of the competent authorities; in any case, the contribution may not be less than the minimum contribution agreed in

A clause stating that films Co-produced under this Agreement may be publicly exhibited in either country in accordance with prescribed rules/procedures;

A clause recognizing that admission to benefits under this Agreement does not constitute a commitment that governmental authorities in either country will grant a license to permit public exhibition of the Co-Production;

A clause prescribing the measures to be taken where:

After full consideration of the case, the competent authorities in either country refuse to grant the benefits applied for;

The competent authorities prohibit the exhibition of the Co-Production in either country or its export to a third country;

Either one or the other Party fails to fulfill its commitments;

The period when shooting is to begin;

A clause stipulating that the majority Co-producer shall take out an insurance policy covering at least “all production risks” and “all original material production risks”; and

A clause providing for the sharing of the ownership of copyright on a basis that it is proportionate to the respective contributions of the Co-producers.

3.4 the distribution contract, where it has already been signed, or a draft if it has yet to be concluded;

3.5 a list of the creative and technical personnel indicating their nationalities and, in the case of performers, the roles they are to play;

3.6 the production schedule;

3.7 the detailed budget identifying the expenses to be incurred by each country; and

3.8 all contracts and other relevant financial documentation for all participants in the financial structure.

The competent authorities can demand any further documents and all other additional information deemed necessary.

In principle, the final shooting script (including the dialogue) should be submitted to the competent authorities prior to the commencement of shooting.

Amendments, including the replacement of a Co-producer, may be made in the original contract, but they must be submitted for approval by the competent authorities before the Co-Production is finished. The replacement of a Co-producer may be allowed only in exceptional cases and for reasons satisfactory to both the competent authorities.

The competent authorities will keep each other informed of their respective decisions.


India-France Audio Visual Agreement

admin   July 28, 2019

The Government of the Republic of India and the Government of the French Republic (hereinafter referred to as ‘the Parties’),

CONSIDERING the Convention on the Protection and Promotion of the Diversity of Cultural Expressions and its ratification by India on 15th December, 2006 and by France on 18th December, 2006,

DESIRING to strengthen the relationship between India and France concerning film production,

HAVE AGREED AS FOLLOWS:

Article 1

For the purpose of this Agreement:

‘Film’ means feature length film including animation and documentary film which complies with the laws and rules in force in each country and which is intended to be first shown in cinema theatres. Both the Parties would under this Agreement also encourage the development of Co-Production projects for short films for which there is an expectation for public exhibition, with or without access to Public support;

“Competent Authority” means:

For India, the Ministry for Information and Broadcasting;

For France, the Centre national du cinema et de l’image animée (CNC).

The Parties shall inform each other if the competent authorities are replaced by others.

Article 2

Subject to the approval of both competent authorities, a film Co-produced in compliance with this Agreement shall be deemed to be a national film in the territory of each Party and shall thus be fully entitled to all the benefits which are granted under the laws and regulations in force in the territory of each Party.

The competent authority of each Party shall provide to the competent authority of the other Party a list of provisions concerning these benefits.

If the provisions concerning these benefits are changed in any way by either Party, the competent authority of that Party shall inform the competent authority of the other Party of the details of such change.

The above mentioned benefits shall accrue solely to the producer of the Party which grants them.

In order to be approved as a Co-Production under this Agreement, the film must:

– in France, apply for Co-Production clearance before the shooting starts, and receive final approval from the competent authority no later than 4 (four) months after its release in France;

– in India, apply for Co-Production clearance before the shooting starts, and receive final approval from the competent authority no later than 4 (four) months after its completion in India.

The application for such approval shall comply with the procedures set forth by each Party and satisfy the minimum requirements set forth in Annexure to this Agreement.

The competent authorities of the Parties shall exchange all information concerning the approval, rejection, change or withdrawal of any application received for approval for Co-Production.

Before an application for approval is rejected, the competent authorities of the Parties shall consult with each other.

Once the competent authorities of the Parties have approved the Co-Production of a film, such approval may not be later revoked without the consent of competent authorities of the Parties.

The approval of Co-Production by the competent authorities of the Parties shall not be related in any way to the film rating systems of either Party.

Article 3

In order to qualify for the approval for Co-Production, the producer shall have the necessary capabilities to produce the concerned film. The Parties are not responsible or liable for the credentials of either of the Co-producers.

Each of the producers must satisfy the following additional conditions:

The president(s), director(s) or manager(s), must be citizen of India, France or the European Union. Persons who do not have the citizenship of the aforesaid countries but can demonstrate their domicile or permanent residence therein will be deemed to be citizens of India or France within the meaning of this subparagraph.

The producer must not be controlled legally or effectively by one or more citizens of any country other than India, France or the EU countries.

Artistic and technical participants in the production of the film shall be citizens of India, France or the EU countries. Participants who do not have the citizenship of the aforesaid countries but can demonstrate their domicile or permanent residence therein will be deemed to be citizens of India or France within the meaning of this subparagraph.

Actors who do not have the aforesaid citizenship may participate in a Co-Production in the event that the competent authorities of the Parties so approve, after consideration of the production needs of the film.

Article 4

Studio filming, location shooting (exterior or interior) and laboratory work shall in principle be carried out in the territory of either Party.

Outdoor shooting in third countries may be permitted, subject to the consent of the competent authorities of the Parties, provided that it is necessary for the scenario or the acting.

Article 5

The proportion of the respective financial contributions of the Co-producers of each party to the production of the film shall be decided by arrangement between the Co-producers, and shall be between 20% (twenty percent) to 80%(eighty percent) of the final production costs of the film. Notwithstanding the above, in exceptional circumstances and subject to the approval of the competent authorities of both Parties, the 20% threshold may be reduced to 10% taking into account the artistic and technical collaborations of the Co-producer(s) of each party.

In principle, the technical and artistic contribution of the Co-producer of each Party shall be in the same proportion as its financial contribution under normal circumstances. However, in exceptional cases where the approval of the competent authorities of both parties has been obtained, these percentages shall be between 10% and 90 %.

Article 6

All producers shall be the joint owners of all the tangible and intangible elements of the film.

All materials shall be stored at a mutually approved laboratory under the joint name of the producers.

Article 7

For Co-Productions approved under this Agreement, each Party shall facilitate, in accordance with the domestic law in force in its territory:

the entry and temporary residence in its territory for the technical and artistic personnel of the other Party who participate in the production of the film;

the import into, and export out of its territory of technical equipment and other material necessary to the coproduction (including film, technical equipment, costumes, accessories, publicity material) by the Co-producer of the other Party.

Article 8

Credit titles, trailers and all publicity material of the film Co-Productions shall state that the film is a Co-Production between India and France.

For the purpose of entry into different film festivals, the Co-producers shall decide mutually.

The fact that a film is a Co-Production shall also be mentioned when it is submitted to a film festival.

Article 9

The sharing of revenues by the Co-producers should, in principle, be in proportion to their respective contributions and this should be specified in the agreement itself. The respective contribution of each Co-producer may be decided mutually on the basis of principles elaborated in Article 5.

Article 10

The competent authorities of both the Parties acknowledge that a film Co-produced in compliance with this Agreement may also be approved for Co-Production with the producers of a third country with which either Party has entered into a film Co-Production treaty.

The conditions of approval of such film as a Co-Production shall be determined in each individual case by competent authorities.

Article 11

A joint commission (hereinafter referred to as the ‘Joint Commission’) consisting of representatives of the competent authorities of both Parties and experts in related fields shall be established for the purpose of facilitating the implementation of this Agreement or recommending amendments thereto.

During the effective period of this Agreement, the Joint Commission shall be convened in principle every 2-3 years, alternately in India and France. Extraordinary sessions of the Joint Commission may also be convened at the request of either Party in the event of changes in the laws and regulations applicable to the film industry or major obstacles (in particular, imbalance in contribution) to the functioning of this Agreement.

During its meeting sessions, the Joint Commission shall review whether an overall balance has been achieved in the contributions from the two Parties and shall implement the necessary measures in order to correct any imbalance.

If an imbalance in contributions has occurred and a session of the Joint Commission is not convened expeditiously in order to review the measures to restore balance, both competent authorities shall abide by the principle of reciprocity for each film in approving Co-Productions.

Article 12

This Agreement may be amended by the mutual consent of the Parties through the exchange of notes between the Parties through the diplomatic channel.

Article 13

Any dispute between the Parties arising out of the interpretation or implementation of this Agreement shall be settled consensually through consultation and negotiation and shall not be referred for resolution to any national or international tribunal or a third party.

Article 14

This Agreement shall come into force after each Party has informed the other Party through official diplomatic channels that its internal ratification procedures have been completed.

This Agreement shall remain in force initially for a period of 2 (two) years from the date of its entry into force, and then shall be automatically renewed for successive periods of 2 years, unless written notice is otherwise given by either Party to the other Party at least 3 (three) months before the expiry of the relevant period.

Unless both Parties decide otherwise, the termination of this Agreement shall not affect the rights and duties of the Parties in relation to film Co-Productions already approved in accordance with this Agreement.

In witness whereof, the undersigned being duly authorized thereto, have signed this Agreement.

Done at ____________, on this day of _____________, in two originals each in English, French and Hindi, all versions being equally valid.

For Government of Republic of INDIA

For the Government of FRENCH Republic

Annexure to the Co-Production Agreement

Application Process

In order to implement the provisions of this Agreement, the producers established in both countries must, before shooting commences, submit an application for coproduction status and attach the documents listed below:

a copy of the documentation concerning the purchase of the copyright for the commercial exploitation of the work ;

a synopsis including concrete information on the theme and contents of the film ;

a list of the technical and artistic contributions from each of the countries involved ;

a work plan stating the periods and locations of principal photography on a weekly basis for studio and outdoor shooting ;

a budget including a detailed financing plan ;

a production schedule

the coproduction contract made between the producers ;

and all the documentation that the competent authorities require to conduct the technical and financial evaluation of the project.

The competent authority of the party with smaller contribution shall decide on approval after it has received the opinion of the competent authority of the party with greater financial contribution.


India-Canada Audio Visual Agreement

admin   July 28, 2019

The Government of the Republic of India and the Government of Canada (the “parties”),

Recognizing that quality audiovisual co-productions contribute to the vitality of the audiovisual industries of the Parties and to the development of their economic and cultural exchanges;

Appreciating that cultural diversity is nurtured by ongoing exchanges and interaction between cultures and that it is strengthened by the free flow of ideas;

Recalling that, in pursuit of international cooperation, the UNESCO Convention on the Protection and Promotion of Diversity of Cultural Expressions, done at Paris on October 20, 2005, encourages the conclusion of co-production agreements as a means to promote international cooperation;

Agreeing that these exchanges will enhance relations between the Parties;

Recognizing that these objectives may be achieved by granting domestic benefits to qualified audiovisual co-productions;

Have agreed as follows:

ARTICLE 1 – DEFINITIONS

For the purposes of this Agreement:

(a) “administrative authority” means, for each Party, the authority which administers the application of this Agreement;

(b) “audiovisual” means film, television, and video projects made on any production support, existing or future, for any distribution platform intended for viewing;

(c) “Canadian elements” are expenditures made in Canada by the Canadian producer or expenditures on Canadian creative and technical personnel made in other States by the Canadian producer in the course of the production of a work;

(d) “competent authority” means, for each Party, the delegated authority responsible for the negotiation and implementation of this Agreement;

(e) “distribution or broadcasting” means the public exhibition or showing of an audiovisual work;

(f) “Indian elements” are expenditures made in India by the Indian producer or expenditures on Indian creative and technical personnel made in other States by the Indian producer in the course of the production of a work;

(g) “national” means a natural or legal person having a legal relationship which connects that person to a State and which confers to that person, under the law of that State, the right to benefit from the application of the relevant provisions of this Agreement;

(h) “non-party” means a State which does not have a coproduction Agreement or memorandum of Understanding with either Party;

(i) “producer” means a national managing the production of a work;

(j) “third-country” means a State which has a co-production Agreement or memorandum of Understanding with at least one of the Parties;

(k) “work” means an eligible audiovisual work to be subsequently recognized as an official co-production by each Party and includes every version thereof.

ARTICLE 2 – GENERAL CONDITIONS

A Party shall treat every work as its own production, and to that extent, make it eligible for the same benefits as those available to its audiovisual industries.

  • Each Party shall grant the benefits referred to in paragraph 1 to the producers of a work who are its own nationals.
  • Each Party shall strive to achieve overall balance on the financing of works co-produced over a period of five years.

ARTICLE 3 – PARTICIPATING PRODUCERS

A work shall be jointly produced by producers of both Parties.

In addition to producers of Canada and India, third-country producers may also participate in a work.

ARTICLE 4 – PROPORTIONALITY

The share of work expenditures spent on Canadian elements and on Indian elements respectively shall be in reasonable proportion to the producers’ respective financial contribution.

The administrative authorities may, by mutual consent in writing, recommend exemptions from paragraph 1, notably for storyline and creative purposes.

ARTICLE 5 – NATIONALITY OF PARTICIPANTS

Subject to paragraph 2, a participant in a work shall be a national of one of the Parties.

The administrative authorities may by mutual consent in writing grant exemptions from paragraph 1 notably to allow third-country nationals or non-party nationals to participate in a work for storyline, creative, or production purposes.

ARTICLE 6 – TEMPORARY ENTRY AND RESIDENCE

Subject to the Parties’ respective legislation and regulations, the Parties shall facilitate the following:

(a) The temporary entry into and residence in their respective territories of the creative and technical personnel and the performers engaged by the producer of the other Party for the purposes of the work;

(b) The temporary entry and re-export of any equipment necessary for the purposes of the work.

ARTICLE 7 – COPYRIGHT

The Parties shall ensure that the sharing of copyright and revenues between the producers is, in principle, proportional to their respective financial contribution in accordance with the respective requirements of the Parties.

ARTICLE 8 – DISTRIBUTION

Each Party shall verify that its producer demonstrates the existence of a distribution or broadcasting commitment in each other’s territory and, if third-country producers are involved in the work, in the territory of each of the third country producers.

The administrative authorities may by mutual consent in writing, accept an alternative distribution commitment in lieu of the commitment described in paragraph 1, provided that the producers of a work demonstrate that this alternative commitment exists.

ARTICLE 9 – MATERIAL CHANGES

Each Party shall ensure that its producer promptly advises its administrative authority of any material change to a work that may affect its qualification for benefits under this Agreement.

ARTICLE 10 – COMMUNICATION

Each competent authority shall promptly advise the other of any amendment or judicial interpretation of domestic law that may affect benefits available under this Agreement.

ARTICLE 11 – STATUS OF ANNEX

The Annex to this Agreement is for administrative purposes and is not part of this Agreement.

The Annex may be modified by the competent authorities by mutual consent in writing, provided that the modifications do not conflict with this Agreement.

ARTICLE 12 – MEETINGS AND AMENDMENTS

Meetings will be held as needed between representatives of the competent authority of each Party, to discuss and review the terms of this Agreement.

The Parties may amend this Agreement by mutual consent in writing. The amendments shall enter into force on the date of the last written notification that domes tic procedures necessary for the entry into force have been completed by the Parties.

ARTICLE 13 – TRANSITIONAL PROVISION

A Party shall not discontinue benefits conferred on a work pursuant to this Agreement for a period of two years following the termination of this Agreement.

ARTICLE 14 – SETTLEMENT OF DISPUTES

Any dispute arising out of the interpretation, application or implementation of any provisions of this Agreement shall be settled consensually through consultation and negotiation between the Parties.

ARTICLE 15 – ENTRY INTO FORCE

Each party shall notify the other Party in writing of the completion of its internal procedures required for the entry into force of this Agreement. This Agreement shall enter into force on the first day of the first month following the later notification.

This Agreement shall remain in force for a period of five years from the date of entry into force.

Subject to paragraph 4, this Agreement shall renew automatically at the end of five years from the date of entry into force and at the end of every subsequent five-year period.

A Party may give notice to the other Party in writing of its intention to terminate this Agreement. This notice shall be given no less than six months before the end of the fifth year following the entry into force, or before the end of any subsequent five-year period, in which case this Agreement shall terminate at the end of that five-year period.

IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments, have signed this Agreement.

Done………………..on the………….day of ………. 2014…. ………, in duplicate, in the English, French and Hindi languages, each version being equally authentic.

For and on Behalf of the Government of the Republic of India

For the Government of Canada

ANNEX

This Annex is for administrative purposes and is not part of the Audiovisual Co-production Agreement between the Government of the Republic of India and the Government of Canada (the “Agreement”).

  1. DEFINITIONS

Unless otherwise specified, the definitions of the Agreement apply.

For the purposes of this Annex:

“dubbing” means the production of any version in a language other than the original language or languages of the work.

2. FINANCIAL CONTRIBUTION BY PRODUCERS

(a) The financial contribution of the producers of each Party will be decided by arrangement between the producers, and will be between 20 per cent and 80 per cent of the total production budget of the work.

(b) The third-country producer(s) involved in a multi-party work will contribute a minimum of 10 percent of the total production budget of that work.

3. CREATIVE AND TECHNICAL CONTRIBUTION BY PRODUCERS

(a) The creative and technical contribution of the producers will be in reasonable proportion to their respective financial contribution, and in accordance with the requirements of the respective Parties.

(b) The creative and technical contribution of each thirdcountry producer involved in the work will be in reasonable proportion to their respective financial contribution.

(c) The Parties, through their administrative may by mutual consent in writing exemptions from paragraphs (a) and (b), storyline and creative purposes. authorities, recommend notably for

4. LOCATION AND TECHNICAL SERVICES

(a) Subject to paragraph (b), a work will be shot in the territory of either Party and may also be shot in the territory of a third-country producer.

(b) The administrative authorities may, by mutual consent in writing, allow a work to be shot in the territory of a third country or a non-country for a storyline and/or creative reasons.

(c) All or part of the technical services of a work will be provided in the territory of either Party or in the territory of a third-country producer.

5. DUBBING

(a) Subject to paragraph (b), all dubbing services will be performed in the territory of one of the Parties or of a third-country producer.

(b) Where a producer can reasonably demonstrate that the necessary capacity does not exist in the territory of either Party or of a third-country producer, the administrative authorities may by mutual consent allow the dubbing to be performed elsewhere.

6. MODIFICATION

The provisions of this Annex may be modified by mutual consent in writing of the competent authorities provided that these modifications do not conflict with the Agreement.


India-Brazil Audio Visual Agreement

admin   July 28, 2019

The Government of the Republic of India and the Government of the Federative Republic of Brazil (hereinafter referred to as “the Contracting Parties”)

Seeking to enhance co-operation between their two countries in the audio-visual area; Desirous of expanding and facilitating the Co-Production of audio-visual works, which may be conducive to the development of the film and audio-visual industries of both countries and to the expansion of cultural and economic exchanges between them;

Convinced that these exchanges will contribute to the enhancement of relations between the two countries;

Have agreed as follows:

Article 1

Definitions

For the purposes of this Agreement

“Audiovisual Co-Production” means an audiovisual work jointly invested in and produced by one or more Brazilian Co-producers and one or more Indian Co-producers under a project approved by both Competent Authorities.

“Audiovisual Work” means any record of a sequence of related images, irrespective of length, which is intended to be made visible as a moving image through the use of devices, regardless of the medium of initial or subsequent fixation, and for which there is an expectation for public exhibition. It includes films and video recordings, animation and documentary productions for exploitation in theatres, on television, DVD or by any other form of distribution. New forms of audiovisual production shall be included in the present agreement by exchange of Notes between the Contracting Parties.

“Co-producer” shall be:

As regards the Republic of India:

  • Nationals/citizens of the Republic of India;
  • Permanent residents of India; and
  • Entities which are established and/or incorporated in India

As regards the Federative Republic of Brazil:

  • Nationals/citizens of the Federative Republic of Brazil;
  • Permanent residents of Brazil; and
  • Entities which are established and/or incorporated in Brazil.

“Competent Authority” means:

  • On behalf of the Federative Republic of Brazil, the Ministry of Culture; and
  • On behalf of the Republic of India, the Ministry of Information and Broadcasting.

Article 2

Benefits

An Audiovisual Co-Production shall be treated as a national Audiovisual Work by both Contracting Parties and, therefore, shall be fully entitled to all the benefits which are or may be accorded to national audiovisual works by each of the Contracting Parties under their respective national laws.

  • Any benefits available in Brazil may only be accorded to a Brazilian Co-producer.
  • Any benefits available in India may only be accorded to an Indian Co-producer.
  • The sharing of expenses and revenues shall be as mutually decided by the Co-producers.

Article 3

Approval of Projects

Audiovisual Co-Productions shall require, prior to the commencement of shooting, approval of both the Competent Authorities.

Approvals are granted under their respective national laws, shall be in writing and shall specify the conditions upon which the approval is granted. None of the Co-producers shall be linked by common management, ownership or control, save to the extent that such links are inherent in the making of the Audiovisual Co-Production itself.

In considering proposals for the making of an Audiovisual Co-Production, both Competent Authorities shall apply the rules and principles set out in this Agreement as well as in its Annex, with due regard for their respective policies and guidelines.

Article 4

Contributions

For each Audiovisual Co-Production:

The performing, technical, craft and creative participation of the Co-producers; and

The production expenditure of the Co-producer in the Republic of India or in the Federative Republic of Brazil shall be in reasonable proportion to their respective financial contributions and as mutually decided by both the Co-producers.

Both the financial contribution, and the managerial, performing, technical, craft and creative participation of each Co-producer shall account for at least 20% (twenty per cent) of the total budget of the Audiovisual Co-Production.

Notwithstanding the contribution and participation rules set out in paragraphs 1 and 2 of this Article, in exceptional cases both Competent Authorities may approve Audiovisual Co-Productions where:

The contribution by one Co-producer is limited to the provision of finance only, in which case the proposed finance-only contribution shall be 20% (twenty per cent) or more of the total budget of the Audiovisual Co-Production; or

Despite falling outside the contribution rules, the Competent Authorities consider that the project would further the objectives of this Agreement and should be approved accordingly.

Subject to the specific conditions and limits laid down in laws and regulations in force in the Contracting Parties, in the case of multilateral Co-Productions the minority contribution may not be less than 10% (ten per cent), and the majority contribution may not exceed 70% (seventy per cent) of the total cost of the Audiovisual Work.

Article 5

Third Country Co-Productions

Where either the Republic of India or the Federative Republic of Brazil maintains with a third country an Audiovisual Co-Production agreement, the Competent Authorities may approve a project for an Audiovisual Co-Production under this Agreement that is to be made in conjunction with a Co-producer from that third country.

Approvals under this Article shall be limited to proposals in which the contribution of the third country Co-producer is no greater than the lesser of the individual contributions of the Brazilian and Indian Co-producers.

Article 6

Participants

The screenwriters, the director, actors and other artistic and technical personnel participating in an Audiovisual Co-Production shall be:

As regards the Republic of India,

  • Nationals/citizens of Republic of India; and
  • Permanent residents of India.

As regards the Federative Republic of Brazil,

  • Nationals/citizens of the Federative Republic of Brazil; and
  • permanent residents of Brazil.

In cases in which there is a third Co-producer,

  • Nationals/citizens of the third Co-producer’s country; and
  • Permanent residents of the third Co-producer’s country.

Participants in an Audiovisual Co-Production as defined in this Article must at all times throughout the production retain their national status, and may not acquire or lose such status at any point during the course of production activity.

In exceptional cases, both Competent Authorities may approve Audiovisual Works

  • where script or financing dictate the engagement of performers from other countries; and
  • where artistic or financing reasons dictate the engagement of technical personnel from other countries.

Article 7

Negatives, First-Release Print and Languages

At least one negative and one duplicate negative shall be made of all Audiovisual Co-Productions. Each Co-producer shall be entitled to make a further duplicate or prints there from. Each Co-producer shall also be entitled to use the original negative in accordance with the conditions agreed upon between the Co-producers themselves. The storage of the original negative shall be as mutually decided by the Co-producers.

Audiovisual Co-Productions shall be made and processed up to the manufacture of the first release print in the Republic of India or in the Federative Republic of Brazil or, when there is a third Co-producer, in that third Co-producer’s country.

The original soundtrack of each Audiovisual Co-Production shall be made in Hindi, or any other Indian language or dialect, or in English or Portuguese, or in any combination of those permitted languages. Dialogue in other languages may be included in the Audiovisual Co-Production, as the script requires.

The dubbing or subtitling into one of the permitted languages of the Republic of India or into Portuguese shall be carried out in the Republic of India or in the Federative Republic of Brazil. Any departure from this principle must be approved by the Competent Authorities.

Article 8

International Festivals

The majority Co-producer shall normally enter Audiovisual Co-Productions in international festivals.

Audiovisual works produced on the basis of equal contributions shall be entered as an Audiovisual Work of the country which the director is from.

Article 9

Location Shooting

The Competent Authorities may approve location shooting in a country other than those of the participating Co-producers.

Notwithstanding Article 6, where location shooting is approved in accordance with the present Article, citizens of the country in which location shooting takes place may be employed as crowd artists, in small roles, or as additional employees whose services are necessary for the location work to be undertaken.

Article 10

Credits

An Audiovisual Co-Production shall include a title, in the initial credits, indicating that the Audiovisual Work is an “Official Indian – Brazilian Co-Production” or an “Official Brazilian – Indian Co-Production”. The promotional material associated with the audiovisual work shall likewise include a credit reflecting the participation of the Republic of India, the Federative Republic of Brazil and, when relevant, the country of a third Co-producer.

Article 11

Temporary Entry into the Country

For approved Audiovisual Co-Productions, each Contracting Party shall facilitate, in accordance with the domestic law in force in its country:

Entry into and temporary residence in its territory for technical and artistic personnel of the other Contracting Party;

The import into and export from its territory of technical and other filmmaking equipment and materials by producers of the other Contracting Party; and

The transfer of funds destined for payments related to the audio-visual Co-Productions.

These dispositions also apply to third parties, approved under Article 5 of the present agreement.

Article 12

Joint Commission

A Joint Commission shall be established comprising representatives of the Competent Authorities from both Contracting Parties.

The role of the Joint Commission shall be to evaluate the implementation and operation of this Agreement and to make any proposals considered necessary to improve the effect of the Agreement.

The Joint Commission shall be convened, whether by meeting or otherwise, at the request of either of the Contracting Parties within six months of such a request.

Article 13

Entry into Force

This Agreement shall enter into force on the date of the second notification between the Contracting Parties, through diplomatic channels, conveying that the requirements for the entry into force of this Agreement have been satisfied.

This Agreement including the Annex, which forms an integral part of this Agreement, shall remain in force for an unlimited period of time, unless terminated in terms of paragraph 3 of this Article.

Either Contracting Party may terminate this Agreement by giving six months` written notice in advance of such intention to the other Contracting Party through the diplomatic channel.

Termination of this Agreement shall have no effect on the completion of Audiovisual Co-Productions approved prior to its termination.

Article 14

Permission for Public Exhibition

Permission for public exhibition will be in accordance with local laws in both India and Brazil.

The approval of Co-Production status under this Agreement will not mean a commitment to permit public exhibition of the Audiovisual Co-Production.

Article 15

Amendment

This Agreement may be amended by mutual consent of the Contracting Parties through the exchange of notes between the Contracting Parties through diplomatic channel.

Article 16

Dispute Resolution

Any dispute between the Contracting Parties arising out of the interpretation or implementation of this Agreement shall be settled consensually through consultation and negotiation only.

DONE at New Delhi, on the of June, 2007, in two originals in Hindi, Portuguese, and English, each version being equally authentic. In caseof any divergence of interpretation, the English text shall prevail.

Annexure to Agreement between the Government of the Republic of India and the Government of the Federative Republic of Brazil on Audio Visual Co-Productions (Rules of procedure for applications for approval of Co-Production status under this agreement)

For the Government of
Republic of INDIA

For the Government of Federative
Republic of BRAZIL

Annex

Applications for qualification of an Audiovisual Work for Co-Production benefits under this Agreement must be made simultaneously to both Competent Authorities at least 60 (sixty) days before shooting begins.

The Competent Authority of one of the Contracting Parties shall communicate their decision to the other Competent Authority within thirty (30) days of the submission of the complete documentation.

The approval process under Article 3 of this Agreement shall comprise of approval prior to commencement of shooting of the Audiovisual Work.

Documentation submitted in support of an application shall consist of the following items, drafted in English in the case of India and in Portuguese in the case of Brazil:

The final script and synopsis.

Documentary proof of having legally acquired the copyright to produce and exploit the Audiovisual Work.

A copy of the Co-Production contract signed by the Co-producers. The contract shall include:

  • The title of the Co-Production;
  • The name of the original script writer or that of the adaptor if it is drawn from a literary source; necessary permission for adapting the literary work into a film from the author/legal heirs shall be attached;
  • The name of the director (a substitution clause is permitted to provide for his/her replacement if necessary);
  • The budget, identifying the expenses to be incurred by each Co-producer;
  • The financing plan;
  • A clause establishing the sharing of revenues, markets, media or a combination of these;
  • A clause detailing the respective shares of the Co-producers in any over expenditure; the minority Co-producer’s share may be limited to a lower percentage or to a fixed amount, provided that the minimum proportion permitted under Article 4 of the Agreement is respected;
  • A clause recognizing that admission to benefits under this Agreement does not constitute a commitment that governmental authorities in India will grant a license to permit public exhibition of the Audiovisual Work;
  • A clause prescribing the measures to be taken where:
  1. After full consideration of the case, the Competent Authorities in either country refuse to grant the benefits applied for;
  2. Either one or the other Contracting Party fails to fulfil its commitments.
  3. The period when shooting is to begin;
  4. A clause stating that the majority Co-producer shall take out an insurance policy covering at least “all production risks” and “all original material production risks”; and
  5. A clause providing for the sharing of the ownership of copyright on a basis that it is proportionate to the respective contributions of the Co-producers.
  • The distribution contract, if it has already been signed, or a draft if it has yet to be concluded.
  • A list of the creative and technical personnel indicating their nationalities.
  • The production schedule.
  • Final shooting script.
  • The Competent Authorities can demand any further documents and all other additional information deemed necessary.
  • Amendments, including the replacement of a Co-producer, may be made in the original contract, but they must be submitted for approval by the Competent Authorities before the Audiovisual Co-Production is finished. The replacement of a Co-producer may be allowed only in exceptional cases and for reasons satisfactory to the CompetentAuthorities.