MEXICO (United Mexican States)     

Official text of the Canada-Mexico Treaty (24 K)

Signed April 8, 1991

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

Article I

For the purpose of this Agreement, a “co-production” is a project, irrespective of length, including animation and documentary productions, produced either on film, videotape or videodisc, or in any other format hitherto unknown, for exploitation in theatres, on television, videocassette, videodisc or by any other form of distribution, whether now known or to become known.

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.
  • The minority 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 look favourably upon coproductions undertaken by producers of Canada, Mexico and any country to which Canada or Mexico is linked by an official co-production agreement.
  • The proportion of any minority contribution in such a co-production shall be not less than twenty per cent (20%).
  • Each minority co-producer in such a 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 hereunder.

Article IV (6)

  • 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 Mexico 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.

Article V (3)

  • The laboratory work shall be done in either Canada or Mexico, 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 Parties.

Article VII (2)

  • The dubbing or subtitling of each co-production into French and English, or into Spanish shall be carried out respectively in Canada or Mexico. Any departures from this principle must be approved by the competent authorities of both countries.

In accordance with the Film and Television Co-production Agreement between the Government of Canada and the Government of the United Mexican States, 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 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 receipts, 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 co-production 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