South Africa

Official text of the Canada-South Africa Treaty (17 K)

Signed November 5, 1997

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)
Multipartite: 20% – Article VI (2)

SHOOTING AND PERFORMERS
Article IV (2)

  1. 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)

  1. Live action shooting and animation works such as storyboards, layout, key animation, in between and voice recording must, in principle, be carried out either in Canada or in South Africa.
  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 South Africa take part in the shooting.

LAB WORK
Article V (3)

  1. The laboratory work shall be done in either Canada or South Africa, 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)

  1. The dubbing or subtitling of each co-production into French and English, or into any other official language of South Africa, shall be carried out respectively in Canada or in South Africa. 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 Audiovisual Co-production Agreement between the Government of Canada and the Government of South Africa, the coproduction agreement shall 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 co-production;
  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