South Africa (Republic of)

ELIGIBLE WORK

“work” means an audiovisual work, including every version of that work, to be subsequently recognized as a co-production governed by an agreement by each Party.

“audiovisual” means a film, television, and/or video work on any production support known or not yet known for any distribution platform intended for viewing.

MINIMUM FINANCIAL CONTRIBUTION

Bipartite: 15 %

Multipartite: 10 %

KEY POSITIONS

Defined in Article 1 of the Annex.

Key positions will be filled by one or more nationals of each of the coproducing States.

One of those key positions may be filled by a non-party national.

In the case of a high-budget work, the administrative authorities may, by mutual written consent, allow a second non-party national to fill one of those key positions. The threshold for what constitutes a high-budget work will be defined by the administrative authorities of each Party, and applied accordingly as mutually determined by those authorities.

PARTICIPANTS

Every participant in a work is a national from a coproducing State, unless otherwise provided for in the Annex to the Agreement.

In addition to a producer, all co-producing States must have at least one national involved in a work.

The Parties, through the mutual written consent of their respective administrative authorities, may grant exemptions from paragraph 1 of Article 6, notably to allow non-party nationals to participate in the work for storyline, creative or production purposes. Such an exception may apply only to positions other than the key positions listed in the Annex to this Agreement.

LOCATION AND TECHNICAL SERVICES

A work will be co-produced in the co-producing States.

The administrative authorities may, by mutual written consent, allow a work to be co-produced in a non-party for storyline and/or creative reasons.

The administrative authorities may, by mutual written consent, allow technical services to be provided in one or more non-parties provided that producers demonstrate the non-availability of those services in any of the co-producing States, and provided that the value of such services does not exceed twenty-five (25) percent of the total production budget of the work.

PROPORTIONALITY: FINANCING, EXPENDITURES, RIGHTS, REVENUES

The share of work expenditures spent on Canadian and South African elements is in reasonable proportion to the Canadian and South African financial participation respectively.

The Parties, through the mutual written consent of their respective administrative authorities, may grant exemptions from paragraph 1 of Article 5, notably for storyline and creative purposes.

The Parties, through their respective administrative authorities, shall ensure that the sharing of copyright and revenues is, in principle, proportional to their producer’s financial contribution, and no lesser than the minimum financial contribution identified in the Annex to the Agreement.

DUBBING AND SUBTITLING

All dubbing services of a work, in English, French and any South African official and Indigenous languages, will be performed in the co-producing States.

Where a producer can reasonably demonstrate that the dubbing capacity does not exist in any of the co-producing States, the administrative authorities may, by mutual written consent, allow the dubbing to be performed elsewhere.

DISTRIBUTION

Each Party, through its administrative authority, shall ensure that its producer demonstrates the existence of a distribution or broadcasting commitment for the work in each of the co-producing States.

The Parties, through the mutual written consent of their respective administrative authorities, may accept an alternative distribution commitment in lieu of the commitment described in paragraph 1 of Article 9.