POLAND (Republic of)

Official text of the Canada-Poland Treaty (17 K)

Signed May 27, 1996

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) & (4)

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 and should comprise the participation of a combination of creative personnel, technicians, performers (in either leading or supporting roles or both) and facilities. Departures from this principle must be approved by the competent authorities of both countries.

Article VI (1), (2), (3) & (4)

  • The competent authorities of both countries also look favourably upon coproductions undertaken by producers of Canada, Poland and any country to which Canada or Poland 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.
  • Except as otherwise expressly provided, the provisions of this Agreement shall apply mutatis mutandis to any co-production submitted to the competent authorities of both countries.

SHOOTING AND PERFORMERS
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.

Article V (1) & (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 Poland take part in the shooting.
  • Live action shooting and animation works such as storyboards, layout, key animation, in between and voice recording must, in principle, be carried out in one or the other of the two co-producing countries.

LAB WORK
Article V (3)

  • The laboratory work shall be done in either Canada or Poland, 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 Polish shall be carried out respectively in Canada or Poland. Any departures from this principle must be approved by the competent authorities of both countries.

COPRODUCTION AGREEMENT (ANNEX)
In accordance with the Agreement between the Government of Canada and the Government of the Republic of Poland on Film and Television Co-production, the coproduction agreement should include:

  • the title of the co-production;
  • the name of the author of the script, or that of the adaptor if it is drawn from a literary source;
  • the name of the director (a substitution clause is permitted to provide for his replacement if necessary);
  • the budget;
  • the financing plan;
  • a clause establishing the sharing of revenues, markets, media or a combination of these;
  • 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;
  • a clause recognizing that admission to benefits under this Agreement does not bind the competent authorities in either country to permit distribution of the co-production in either country;
  • 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 distribution of the coproduction in either country or its export to a third country;
    • either party fails to fulfill its commitments;
  • the period when shooting is to begin;
  • 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”;
  • 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