GERMANY (Federal Republic of)

Official text of the Canada-Germany Treaty (61 KB) )
The treaty with the Federal Republic of Germany is in effect in all of Germany.

Signed May 31, 1978
Revised June 22, 2004

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 3.2
Multipartite: 20% – Article 8

SHOOTING AND PERFORMERS
Article 4.4
Studio shooting and location shooting shall take place within the area of application of this Agreement, but any of the location shooting may be permitted by the administrative authorities of the Contracting Parties to take place outside the area of application of this Agreement if any of the technical aspects of the production or the action of the film, television and video co-production so requires.

Article 4.2
Actors, authors, artistic or technical staff members who do not fulfill the requirements of sub-section (1) of this Article, may participate, in exceptional cases and if the nature of the film, television and video co-productions so requires, by agreement of the administrative authorities of the Contracting Parties.

LAB WORK
Article 4.3
All laboratory work, sound recording, post-synchronisation and mixing shall be carried out in Canada, in the Federal Republic of Germany, in another Member State of the European Union, or in another Contracting State to the Agreement of May 2, 1992, regarding the European Economic Area (EEA Agreement).

VERSIONING
No specific requirement.

COPRODUCTION AGREEMENT (ANNEX TO THE AGREEMENT)
In accordance with the Agreement between the Government of Canada and the Government of the Federal Republic of Germany on Audio-visual Relations, 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 receipts, 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 co-production;
8. a clause prescribing the measures to be taken where:

  • after full consideration of the case, the administrative authorities in either country refuse to grant the benefits applied for;
  • the administrative authorities prohibit the exhibition of the co-production in either country or its export to a third country;
  • where one or the other co-producer fails to fulfill his/her commitments;

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