CHILE (Republic of)

Official text of the Canada-Chile Treaty (20 K)

Signed September 2, 1994

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 two countries may vary from twenty (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 audiovisual co-productions undertaken by producers of Canada, Chile and any country to which Canada or Chile 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 (2)

  • 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 Chile 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)

  • The laboratory work shall be done in either Canada or Chile, unless it is technically impossible to do so, in which case the laboratory work in a country not participating in the co-production may be authorized by the competent authorities of both countries.

VERSIONING
Article VII (2)

  • The dubbing or subtitling of each co-production into French and English, or into Spanish shall be carried out respectively in Canada or Chile. 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 Film and Television Co-production Agreement between the Government of Canada and the Government on the Republic of Chile, 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 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 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 coproduction;
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 coproduction in either country or its export to a third country;
  • either party 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