BRAZIL (Federated Republic of)

Official text of the Canada-Brazil Treaty (21 K) 

Signed January 27, 1995 

Please take note that this summary is simply a reference tool and that you must comply
with the complete terms of the applicable treaty(ies) (see link above)
and with
Telefilm Canada’s Audiovisual Coproduction guidelines

MEDIA
Film & Television.

MINIMUM PARTICIPATION
Bipartite: 20% – Article III (1) & (2)
Multipartite: 20% – Article VI (1), (2) & (3)

Article III (1) & (2)

  • The proportion of the respective contributions of the co-producers of the contracting parties may vary from twenty per cent (20%) to eighty per cent (80%) of the budget for each co-production.
  • Each co-producer shall be required to make an effective technical and creative contribution. In principle, this contribution shall be in proportion to his investment.

Article VI (1), (2) & (3)

  • The competent authorities of both countries also look favourably upon co-productions undertaken by producers of Canada, Brazil and any country to which Canada or Brazil is linked by an Official Co-Production agreement.
  • The proportion of any minority contribution in any multi-party co-production shall be not less than twenty per cent (20%).
  • Each minority co-producer in such co-production shall be obliged to make an effective technical and creative contribution.

SHOOTING AND PERFORMERS
Article V (1) & (2)

  • Live action shooting and animation works such as storyboards, layout, key animation, in between and voice recording must, in principle, be carried out alternately in Canada and in Brazil.
  • Location shooting, exterior or interior, in a country not participating in the coproduction may, however, be authorized if the script or the action so requires and if technicians from Canada and Brazil take part in the shooting.

Article IV (2)

  • Should the co-production so require, the participation of performers other than those provided for in the first paragraph may be permitted, subject to approval by the competent authorities of both countries.

LAB WORK
Article V (3)

  • Lab work in a third-party country shall be permitted if technically impossible in the co-producing countries, and subject to the approval of the competent authorities.

VERSIONING
Article VII (2)

  • The dubbing or subtitling of each co-production into French and English, or into Portuguese shall be carried out respectively in Canada or Brazil. Any departures from this principle must be approved by the competent authorities of both countries.

COPRODUCTION AGREEMENT (ANNEX – RULES OF PROCEDURE)
In accordance with the Audiovisual Co-production Agreement between the Government of Canada and the Government of the Federated Republic of Brazil, the coproduction agreement should include:
1.       the title of the co-production;
2.       the name of the author of the script, or that of the adaptor if it is drawn from a literary source;
3.       the name of the director (a substitution clause is permitted to provide for his replacement if necessary);
4.       the budget;
5.       the financing plan;
6.       a clause establishing the sharing of revenues, markets, media or a combination of these;
7.       a clause establishing 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 VI of the Agreement is respected;
8.       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;
9.       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 their country or its export to a third country;
  • either co-producer fails to fulfill its commitments;

10.     the period when shooting is to begin;
11.     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”;
12.     a clause providing for the sharing of the ownership of copyright on a basis which is proportionate to the respective contributions of the co-producers.

IMPORTANT: please also consult List of essential elements required in an audiovisual coproduction agreement