The Government of the Republic of India and the Federal
Republic of Germany (hereinafter jointly referred to as the "Contracting
Parties"); Considering that audio-visual co-productions can significantly
contribute to the development of the film industry and to an intensification of
the cultural and economic exchange between the two countries; Resolved to
stimulate cultural and economic co-operation between the Republic of India and
the Federal Republic of Germany; Desiring to create conditions for good
relations in the audio-visual area, particularly for the co-production of films
and TV and video productions; Mindful of the fact that the quality of
co-productions can help to expand the production of TV and video productions of
Have agreed as follows
Definition of "audio-visual co-production" For the
purpose of this Agreement, an "audiovisual co-production" is a
project irrespective of length, including animation and documentary
productions, produced in any format, for exploitation in theatres, on
television, videocassette, videodisc, CD-ROM, DVD or by any other form of
distribution. New forms of audiovisual production will be included in this
Agreement, through the exchange of notes between the Contracting Parties.
(1) The competent authorities responsible for the
implementation of this
Agreement shall be:
(a) On behalf of the
, the Ministry of Information and;
(b) Broadcasting on
behalf of the Federal Republic of Germany, the Federal Office of Economics and
Export Control (BAFA).
(2) Co-productions falling within the scope of this
Agreement shall be subject to the approval of the competent authorities.
(3) The Contracting Parties shall inform each other if the
competent authorities are replaced by others.
Approval as national films
(1) Films, which are
produced within the framework of this Agreement, shall be deemed national
(2) These films
shall be entitled to claim all state support benefits available to the film and
video industries and the privileges granted by the provisions in force in the
Conditions for obtaining approval of co-production status
(1) Any benefits
under this Agreement shall be available for the co-production only when
investment of finance, material and management including creative and other
inputs is not below 20 % (twenty percent) of the total cost coming from the
co-producer of one country.
(2) The co-producers
of a film shall have their principal office or a branch office in the territory
of one of the Contracting Parties. None of the co-producers shall be linked by
common management, ownership or control.
(3) Technical and
artistic personnel are those persons who, in accordance with the domestic law
in force in their own country, are recognized as makers of audio-visual
productions, in particular screenwriters, directors, composers, editors,
directors of photography, art directors, actors and sound technicians. The
contribution of each of these persons shall be evaluated individually.
(4) As a rule, the
contribution includes at least one leading actor, one supporting actor and/or
one qualified technical staff person, in addition to the one person as referred
to in paragraph (3) provided that two qualified technical staff persons may
substitute for one leading actor.
(5) The co-producers
in either of the two countries shall satisfy themselves about each other's
capability, including their professional knowledge, organizational capability,
financial backing and professional reputation. The Contracting Parties are not
responsible or liable for the credentials of either of the co-producers.
(6) The company
carrying out the co-production shall provide evidence that the primary business
of that company is audiovisual (film, television and video) production.
1. The persons participating in the production of a film
shall fulfill the
(a) As regards the
they shall be -
(i) Nationals/Citizens of the
(i) Permanent residents of
(b) As regards the Federal Republic of Germany, they shall
(ii) Germans within
the meaning of the Basic Law
(iii) Persons who are rooted in the German culture and have
their legal residence in the territory of the Federal Republic of Germany;
(iv) Nationals of a member state of the European Union; or
(ii) Nationals of
another party to the Agreement on the European Economic Area (EEA) of 2 May
2. Participants in the co-production as defined in sub
paragraphs (a) and (b) must at all times throughout the production retain their
national status, and may not acquire or lose such status at any point during
the course of production activity.
3. Should the film so require, the participation of professionals
who are not citizens of one of the co-producing countries may be permitted, but
only in exceptional circumstances, and subject to agreement between the
competent authorities of both Contracting Parties.
Film Negatives and Languages
(1) Two negatives,
or at least one negative and one duplicate negative, shall be made of all
co-produced films. Each co-producer shall be entitled to make a further
duplicate or prints there from. Each co-producer shall also be entitled to use
the original negative in accordance with the conditions agreed upon between the
(2) The original
soundtrack of each co-production film shall be made in Hindi or any other
Indian language or dialect or, in English or German or in any combination of
those permitted languages. Dialogue in other languages may be included in the
co-production, as the script requires.
(3) The dubbing or
subtitling into one of the permitted languages of the
or into German shall be
carried out in the
, or in the Federal Republic of Germany or in
of the European Union or in another
of the Agreement on
the European Economic Area respectively. Any departure from this principle must
be approved by the competent authorities.
Entry in International Festivals
(1) The majority
co-producer shall normally enter co-produced films in international festivals.
(2) Films produced
on the basis of equal contributions shall be entered as a film of the country
of which the director is a national, provided that the director is not from a
country contemplated in Article 5(1) (a) (iv), in which case the film shall be
submitted as a film of the country of which the lead actor is a national,
subject to the agreement of the competent authorities of both Contracting
Minority and majority contribution in the case of
Subject to the specific conditions and limits laid down in
laws and regulations in force in the Contracting Parties, in the case of
multilateral co-productions, the minority contribution may not be less than 10%
(ten per cent) and the majority contribution may not exceed 70% (seventy per
cent) of the total cost of the film.
Contributions of the producers
the provisions of this Agreement and in the interest of bilateral
co-productions, even those films, which are produced in one of the two
countries and where the minority contribution is limited to financial
investment, may be granted co-production status according to the co-production
agreement. In such a case, the minority contribution may not be less than 20%
(twenty per cent) of the final total cost of the film.
(2) The granting of
co-production status to each individual production of this kind shall be
subject to the prior approval by the competent authorities.
(3) The expenses
incurred in the territories of the Contracting Parties for the promotion of
such co-productions shall be compensated within two years of the completion of
(1) A general
balance should be maintained with regard to both the artistic and technical
personnel, including the cast, and with regard to the financial investment and
facilities (studios, laboratories, and postproduction).
(2) The Joint
Commission, established in terms of article 12, shall carry out a review to see
whether this balance has been maintained and, if this is not the case, shall
take measures, which it considers necessary in order to re-establish such a
A co-production film and the promotional materials
associated with it shall include either a credit title indicating that the film
is "an official German-Indian co-production" or "an official
Indian German co-production" or where relevant a credit which reflects the
participation of the Federal Republic of Germany, Republic of India and the
country of the third co producer.
(1) The Joint
Commission shall be composed of representatives from Government and from the
film, television and video industries of both Contracting Parties.
(2) The role of the
Joint Commission shall be to supervise and review the implementation and
operation of this Agreement and to make any proposals considered necessary to
improve the implementation of the Agreement.
(3) The Joint
Commission shall be convened, whether by meeting or otherwise, at the request
of either of the Contracting Parties within six months of such a request.
Temporary Entry into the country
For approved co-productions, each Contracting Party shall
facilitate, in accordance with the domestic law in force in its country:
(a) Entry into and
temporary residence in its territory for technical and artistic personnel of
the other Contracting Party;
(b) The import into
and export from its territory of technical and other film making equipment and
materials by producers of the other Contracting Party.
This Agreement may be amended by the mutual consent of the
Contracting Parties through the exchange of notes between the Contracting
Parties through the diplomatic channel.
Settlement of Disputes
Any dispute between the Contracting Parties arising out of
the interpretation or implementation of this Agreement shall be settled
consensually through consultation and negotiation.
Entry into Force, Duration and Termination
(1) This Agreement
shall enter into force on the date of signature.
(2) This Agreement
including the annex, which forms an integral part of this agreement, shall
remain in force for an unlimited period of time, unless terminated in terms of
Contracting Party may terminate this Agreement by giving six months' written
notice in advance of such intention to the other Contracting Party through the
(4) Termination of
this Agreement shall have no effect on the completion of co-productions approved
prior to its termination.
Done at …..on this day of 16th of
February 2007 in two originals each in English, German and Hindi, all three
versions being authentic. In case of any divergence of interpretation, the
English text shall prevail.
RULES OF PROCEDURE
for applications for approval of
co-production status under this agreement)
1. Applications for qualification of a film for co-production benefits
under this Agreement for any co-production must be made simultaneously to both
competent authorities at least thirty (30) days before shooting begins.
competent authority of both Parties shall communicate their proposal to the
other competent authority within twenty (20) days of the submission of the
complete documentation as described in paragraph 3 below.
3. Documentation submitted in support of an application shall consist of
the following items, drafted in German in the case of
and in English in the case of
3.1. The final script
and synopsis; co-productions under this Agreement shall be shot in Germany or
India, as the case may be, in accordance with the guidelines of the respective
country; The Parties shall inform each other from time to time of relevant
guidelines and any changes thereto.
3.2. documentary proof of having legally acquired the rights to
produce and exploit the co-production and that the copyright for the
co-production has been legally acquired;
3.3. a copy of the co-production contract signed by the two
The contract shall include
a) the title of the co-production;
b) the name of the
author of the script, or that of the adaptor if it is drawn from a literary
source; necessary permission for adapting the literary work into a film from
the author/legal heirs may be attached;
c) the name of the director (a substitution clause is permitted
to provide for his/her replacement if necessary);
d) the budget;
e) the financing plan;
f) a clause establishing the sharing of revenues, markets,
media or a combination of these;
g) 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 9 of the Agreement is
h) a clause stating that the competent authorities have to be
informed if the percentage of the contribution of a co- producer changes
subsequent to the approval of the competent authorities; in any case, the
contribution may not be less than the minimum contribution agreed in
i) a clause
stating that films co-produced under this Agreement may be publicly exhibited
in either country in accordance with prescribed rules/procedures;
j) 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
k) a clause prescribing the measures to be taken where:
(i) after full
consideration of the case, the competent authorities in either country refuse
to grant the benefits applied for;
(ii) the competent authorities prohibit the exhibition of the
co-production in either country or its export to a third country;
(iii) either one or the other Party
fails to fulfill its commitments;
l) the period when shooting is to begin;
m) 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"; and
n) a clause providing for the sharing of the ownership of
copyright on a basis that it is proportionate to the respective contributions
of the co-producers.
3.4 the distribution contract, where it has already been signed,
or a draft if it has yet to be concluded;
3.5 a list of the creative and technical personnel indicating
their nationalities and, in the case of performers, the roles they are to play;
3.6 the production schedule;
3.7 the detailed budget
identifying the expenses to be incurred by each country; and
3.8 all contracts and other relevant financial documentation for
all participants in the financial structure.
4. The competent authorities can demand any further documents and all other
additional information deemed necessary.
principle, the final shooting script (including the dialogue) should be
submitted to the competent authorities prior to the commencement of shooting.
6. Amendments, including the replacement of a co-producer, may be made in
the original contract, but they must be submitted for approval by the competent
authorities before the co-production is finished. The replacement of a co-producer
may be allowed only in exceptional cases and for reasons satisfactory to both
the competent authorities.
7. The competent authorities will keep each other informed of their