COLOMBIA (Republic of)

Official text of the Canada-Colombia Treaty (72 K)

Signed July 10, 2002

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 Parties may vary from twenty (20%) to eighty percent (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, the Republic of Colombia and any country to which Canada or the Republic of Colombia 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%) of the budget.
  • 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 co-production may, however, be authorized, if the script or the action so requires and if technicians from Canada and the Republic of Colombia 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 the Republic of Colombia, 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, English, or into Spanish shall be carried out respectively in Canada or in the Republic of Colombia. Any departures from this principle must be approved by the competent authorities of both countries.

COPRODUCTION AGREEMENT (ANNEX – RULES OF PROCEDURE)
In accordance with Audio-visual Co-production Agreement between the Government of Canada and the Government of the Republic of Colombia, 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 budget;
4. the financing plan;
5. a clause establishing the sharing of revenues, markets, media or a combination of these;
6. a clause detailing the respective shares of the co-producers in any over or under expenditure;
7. 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;
8. 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;

9. a clause stipulating that the production will be covered under an insurance policy covering at least “all production risks” and “all original material production risks”;
10. 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