Agreement between the Government of New Zealand and the Government of the Federal Republic of Germany Concerning the Co-Production of Films [2005] NZTS 13 (31 August 2005)

<title>Agreement between the Government of New Zealand and the Government of the Federal Republic of Germany Concerning the Co-Production of Films [2005] NZTS 13 (31 August 2005)</title>
Agreement Between the Governmentof New Zealand and the Government of the Federal Republic of Germany Concerning the CO-productionof Films


The Government of New Zealand and the Government of the Federal Republic of Germany ("the ContractingParties") -

Seeltingto 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; and

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

1.

"competent authority" means the authority designated as such in the Annex by each Contracting Party.

2.

"co-producer" means one or more Germans nationals or one or more New Zealands nationals involved in the making of a co-production film.


3.

"CO-productionfilm" means a film made by one or more nationals of one Contracting Party in cooperation with one or more nationals of the other Contracting Party under a project approvedjointly by the competent authorities.

4.

"film" means an aggregate of images, or of images and sounds, embodied in any material, and includes television and video recordings, animations and digital format productions.

5. "nationals" means:

(a) for the Federal Republic of Germany,

-

-

Germans within the meaning of the Basic Law; persons who are part of the German culture and have their permanent residence in the Federal Republic of Germany; nationals of a Member State of the European Union; or nationals of another Contracting State of the Agreement on the European Economic Area of 2 May 1992(EEA Agreement);and

(b) for New Zealand,

citizens of New Zealand; or permanent residents of New Zealand.

Article 2 Recognition as a National Film and Entitlement to Benefits

1. A CO-productionfilm shall be fully entitled to all the benefits which are or may be

accorded to national films by each of the Contracting Parties under their respective national laws.


2. Any benefits which may be granted within either country in relation to a co-

production film shall accrue to the CO-producerwho is permitted to claim those benefits in accordancewith the legislation of that Contracting Party, subject to any other relevant international obligations.

Article 3 Approval of Projects

1.

CO-productionfilms shall require, prior to the commencement of shooting, joint approval of the competent authorities. Approvals shall be in writing and shall specify the conditions upon which approval is granted. None of the CO-producers shall be linked by common management, ownership or control, save to the extent that it is inherent in the making of the CO-productionfilm itself.

2.

In considering proposals for the making of a CO-productionfilm, the competent authorities, acting jointly and with due regard for their respective policies and guidelines, shall apply the rules set out in the Annex to this Agreement.

3.

Approval of a proposal to make a CO-productionfilm shall not bind the relevant authorities of either Contracting Party to grant a licence for the exhibition or broadcast of the completed CO-productionfilm.


Article 4 Contributions

1. For each CO-productionfilm:

(a)

the performing, technical, artistic and creative participation of tlie coproducers; and

(b)

production expenditure of the CO-producerin 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, or in New Zealand

shall be in reasonable proportion to their respective financial contributions.

2.

Both the financial contribution, and the performing, technical, artistic and creative participation of each CO-producershall account for at least 20% (twenty per cent) of the total effort in making the CO-productionfilm.

3.

Notwithstanding the contribution rules set out in paragraphs 1 and 2 of this Article, in exceptional cases competent authorities may approve jointly films where:

(a)

the contribution by one CO-produceris 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 costs of the film; or

(b)

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.


Article 5 Third Country CO-Productions

1.

Where either the Federal Republic of Germany or New Zealand maintains with a third country a film CO-productionagreement, the competent authorities may approve a project for a CO-productionfilm under this Agreement that is to be made in conjunction with a CO-producerfrom that third country.

2.

Approvals under this Article shall be limited to projects in which the contribution of the third country CO-produceris no greater than the lesser of the individual contributions of the German and New Zealand CO-producers.

Article 6 Participation

1.

Persons participating in a CO-productionfilm shall be nationals of the Federal Republic of Germany, or of another Member State of the European Union, or of another Contracting State of the Agreement on the European Economic Area, and nationals of New Zealand and, where there is a third CO-producer,nationals of the third CO-producer'scountry.

2. Subject to the approval of the competent authorities:

(a)

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

(b)

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


Article 7 Making up to First-Release Print

1.

CO-productionfilms shall be made and processed up to the manufacture of the first release print in the Federal Republic of Germany, in another Member State of the European Union, in another Contracting State of the Agreement on the European Economic Area, in New Zealand andlor, where there is a third COproducer, in that third CO-producer'scountry.

2.

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

Article 8 Location Filming

1.

Competent authorities may approve location filming in a country other than those of the participating CO-producers.

2.

Notwithstanding Article 6, where location filming is approved in accordance with this Article, citizens of the country in which location filming 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 9 Soundtrack

1.

The original sound track of each CO-productionfilm shall be made in one of the official languages of either the Federal Republic of Germany or New Zealand, or in any combination of those permitted languages.

2.

Narration, dubbing or subtitling in any other commonly used language or dialect of the Federal Republic of Germany or New Zealand shallbe permitted.

3.

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

4.

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

Article 10 Acknowledgments, Credits

A CO-productionfilm and the promotional material associated with it shall include either a credit title indicating that the film is an "Official Gerrnan - New Zealand Co-

Production" or an "Official New Zealand Gerrnan CO-Production"or, where relevant,

a credit which reflects the participation of the Federal Republic of Germany, New Zealand and the country of a third CO-producer.


Article 11 Immigration Facilitation

Within the framework of their respective national legislation and for the purpose of malting or promoting a CO-productionfilm, each Contracting Party shall permit, including through the granting of work permits, the entry and residence or temporary residence of the nationals of the other Contracting Party, and of citizens of the country of any third CO-producerapproved under Article 5.

Article 12 Import of Equipment

Within the framework of their respective national legislation, each Contracting Party shall facilitate, hee of import duties and taxes, the temporary import, and re-export, of technical equipment for the malting of CO-productionfilms.

Article 13 Mixed Commission

1.

A Mixed Commission shall be composed of representatives fiom Government and from the film, television and video industriesof both Contracting Parties.

2.

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

3.

The Mixed 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 14 Statusof Annex

The Annex shall fonn an integral part of this Agreement.

Article 15 Entry into Force

This Agreement will enter into force on the day on which the Government of the Federal Republic of Germany is notified by the Government of New Zealand through diplomatic channels that the national requirements for the entry into force of the Agreement have been fulfilled. That day shall be the day on which such notification is received.

Article 16 Amendment

1.

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 shalltake effect on the date specifiedin the notes.

2.

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


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Article 17 Duration and Termination

Agreement shall be for a period of three years from the date it and thereafter automatically renewed for further periods of three may terminate the Agreement at the conclusion of a three-year six months' notice in writing through diplomatic channels, in e Agreement shall terminate at the expiry of that six-month period.

standing paragraph 1 of ths Article, this Agreement shall continue to r.itsterminationto CO-productionfilms until their completion.

s Agreement with the Secretariat of the United Nations der Article 102 of the United Nations Charter shall be carried out by the ovemrment of New Zealand immediately following the Agreement's entry into cting Party will be advised of this registration and provided 'with a UN-registration number, as soon as this is confirmed by the Secretariat of the United Nations.

at Wellington on this.fl14)k..day o f . ~ & ~ d ~ / ..., . . in duplicate in the equally authentic. 7

or the Government of New Zealand

Republic of Germany


Annex To the Agreement Between the Government of New Zealand and the Government of the Federal Republic of Germany Concerning the CO-productionof Films

1.

The competent authorities for this Agreement are the Bundesamt fiir Wirtschaft und Ausfuhrkontrolle (Federal Office of Economics and Export Control,BMA) in the Federal Republic of Germany and the New Zealand Film Commission (NZFC) in New Zealand.

2.

The approval process under Article 3 of this Agreement shall comprise two stages: Provisional Approval upon application, and Final Approval upon completion of the film and prior to distribution.

3.

There shall be a contract between the CO-producersgoverning the making of a CO-productionfilm which shall:

a)

provide that a CO-producermay not assign or dispose of benefits referred to in Article 2 except to or for the benefit of a national of that coproducer' s country;

b)

assign, as between the CO-producers, ownership of all intellectual property rights arising from the making of the CO-productionfilm; and

set out the arrangements between the CO-producersregarding the exercise of rights of access to and use of copyright worlts created in the making of the CO-productionfilm;

c) set out the financial liability of each CO-producerfor costs incurred:


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in preparing a CO-productionproject which is refused approval as a CO-productionfilm by the competent authorities;

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in making a film which has been given such approval and fails to comply with the conditions of such approval; and

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in making a CO-productionfilm, permission for whose public exhibition is withheld in any of the countries of the CO-producers;

d)

set out the arrangementsregarding the division between the CO-producers of the receipts from the exploitation of the CO-productionfilm including those from export markets;

e)

specify dates by which the respective contributions of the CO-producers to the production of the film shall have been completed;

f)

specify whether the CO-productionfilm shall be shown in film festivals as a national film of the majority CO-produceror as a national film of all the CO-producers;and

g)

specify any other conditions of approval that the competent authorities jointly agree.