JAPAN 

Official text of the Canada-Japan common statement (19 K)
Amendment to the Canada-Japan common statement (84 K)

Common Statement of Policy

Signed July 20, 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% – Annex “Guidelines for verification” (1)
Multipartite: Annex “Guidelines for verification” (9)

Annex “Guidelines for verification” (1)
The financial participation of the minority co-producer(s) is not to be less that twenty percent (20%) of the total production budget.

Annex “Guidelines for verification” (9)
The co-production, when shown, is identified as a “Japan-Canada Coproduction” in accordance with an agreement between co-producers; or where applicable, a co-production produced by Japanese and Canadian producers in conjunction with producer(s) of a third country to which the Government of Japan or the Government of Canada is linked by an agreement or common policy. In the latter case, it would be identified as a “Japan-Canada-(third country’s name) Co-Production” in accordance with the agreement between the co-producers.

SHOOTING AND PERFORMERS
Annex “Guidelines for verification” (3)
The producers, writer(s) and director(s) of the co-production, as well as the technicians, performers and other production personnel participating in the coproduction are Japanese nationals or Canadian citizens, or permanent residents of Japan or Canada.

Annex “Guidelines for verification” (4)
Should the co-production so require, the participation of performers other than those provided for in 3 above may be permitted subject to the approval of the Competent Authority.

Annex “Guidelines for verification” (5)
Location shooting, exterior or interior, in a country not participating in the coproduction may be authorized by the Competent Authority, if the script so requires and if technicians from Japan or Canada take part in the shooting.

LAB WORK
Annex “Guidelines for verification” (6)
The laboratory work is done in either Japan or Canada 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 Authority.

VERSIONING
Annex “Guidelines for verification” (7)
The original soundtrack of the co-productions is made in either Japanese, English or French. Shooting in any two or in all of these languages is permitted. Dialogue in other languages may be included in the co-production as the script requires.
The dubbing or subtitling of the co-production into Japanese, English or French will be carried out respectively in Japan or Canada. Any departures from this principle are subject to consent of the Competent Authority.

COPRODUCTION AGREEMENT (ANNEX)
In accordance with the Common Statement of Policy on Film, Television and Video Co-production between Japan and Canada, 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 adapter 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 recognizing that admission to benefits under this Arrangement does not constitute a commitment to permit public exhibition of the co-production;
8.      the period and location of principal photography and post production;
9.      a clause requiring the majority co-producer to take out 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 to be established.

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