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)
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:
- after full consideration of the case, the Competent Authorities in either country refuse to grant the benefits applied for;
- either one or the other Contracting Party fails to fulfil its commitments.
- the period when shooting is to begin;
- 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
- 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 Competent Authorities.