Decree No 76 / 1968 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic on Film Cooperation
Valid
Effective from 25.03.1968
76
DECLARATION
Minister for Foreign Affairs
of 17 May 1968
on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic on Film Cooperation
On 25 March 1968 the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic on Film Cooperation was signed in Prague.
Pursuant to Article 13 (1) of the Agreement, the Agreement entered into force on the date of signature.
The Czech version of the Agreement is hereby published at the same time.
Minister:
Dr Hájek v. r.
AGREEMENT
between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic on film cooperation
The Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic, led by the desire to develop cooperation in the field of cinematography,
convinced that this cooperation will contribute to the expansion and strengthening of cultural and economic relations between the two States,
they have agreed as follows:
The Parties shall promote cooperation between film production enterprises of both States in the form of co-production of films in accordance with the principles set out in this Agreement.
1. The Contracting Parties shall consider films produced in co-production as national production films and shall grant them all the benefits under their national rules.
2. The benefits referred to in paragraph 1 shall be granted both to co-production films with majority participation and to minority participation.
3. The advantages referred to in paragraph 1 shall be granted only to the co-producer or co-producer of the country whose legislation so permits.
The benefits of co-production will be enjoyed both feature and short films.
For short films (up to 1600 m), the competent authorities and organisations of the Contracting Parties shall determine the conditions for granting such benefits.
The co-production films shall be granted benefits under Article 2 of this Agreement under the following conditions:
(a) the films shall be filmed by the workers and technical means of co-producers of the two States;
(b) authors and actors who are nationals of a third State and who are permanently resident and who work in the territory of one of the Contracting Parties may, exceptionally, participate in co-production film as members of the State in which they are resident, while maintaining the national provisions of the Contracting Parties;
(c) the participation of artists and technicians who are nationals of a third State and who are not resident in the territory of one of the Contracting Parties may be authorised only exceptionally, in agreement with the competent authorities and organizations of the Contracting Parties, where this is necessary for the creation of the film;
(d) filming in exteriors of a third State which does not participate in co-production may be permitted only by agreement of the competent authorities and the organisations of the Contracting Parties where the scenario or the loyalty of the environment so requires;
(e) co-production films must be made in Czech or Slovak or Italian versions;
(f) the introductory titles in the heading of co-production films immediately after the name of the co-producers must always indicate that the film was created "in co-production of Czechoslovak-Italian" or "in co-production of Italian-Czechoslovak."
This text must also be mentioned in a commercial insert, on artistic and cultural occasions, and in particular at international festivals.
Unless the co-producers agree otherwise, the films at international festivals will be presented by the State with majority participation, the films with the same participation will be reported by the State whose national is the director.
(g) An application for the benefit of a co-production film shall be submitted to the competent authorities and organisations at least 30 days before the start of the shooting, together with a co-production contract for the film and scenario.
1. The director of each film shall be entrusted to the national of one of the Contracting Parties.
2. The minority participation of a co-producer under Article 2 (2) of this Agreement may not be less than 30% of the cost of the film, the artistic and technical contribution of a co-producer with a minority participation shall consist of the participation of at least one author, an actor in the main role, an actor in the secondary role and a technician.
3. Exemptions from the provisions of paragraph 2 of this Article may be granted only by agreement of the competent authorities and organizations of the Contracting Parties for exceptional artistic and cultural value films and for large films. The cost of large films must be significantly higher than the average cost of producing films in the country of the majority producer.
The participation of a minority producer shall not be less than 20% of the cost of the film.
The competent authorities and the organisations of the Contracting Parties shall encourage the production of co-production films of international importance between producers of the Contracting Parties and States with which the two Contracting Parties have negotiated similar agreements on co-production cooperation,
(a) the participation of a minority co-producer may not be less than 20% of the cost of the film;
(b) a minority co-producer whose participation is 20% of the cost of the film may, on a case-by-case basis, be exempted from the obligation to contribute technical and artistic benefits.
1. Each Contracting Party shall ensure, on its territory, that persons seconded by the other Contracting Party pursuant to the provisions of this Agreement, the conditions necessary for the performance of their tasks in the production of a co-production film.
2. For the import and export of the material needed for the production and use of co-production films (film and technical material, costumes, scenic and publishing material), as well as for the transfer of wares to payments in connection with the implementation of co-production films, all benefits will be granted under the agreements in force between the two States.
For each co-production film there will be two negatives or one negatives and an dubnegative. Each co-producer will own either one negative or dubnegative. Minority co-producer may, in agreement with the majority co-producer, use the original negative.
1. Coproduction contracts for films negotiated between co-producers shall include provisions on the use of the film, while respecting the following principles:
(a) the distribution of profits and markets must be approved by the competent authorities and organisations of the Contracting Parties;
(b) the distribution of profits must correspond to the participation of co-producers in the expenditure associated with the production of film.
2. Where a co-production film is exported to a state where imports of films are contingent, the film shall be attributed essentially to the contingent of the State of the majority co-producer, provided that:
(a) if one of the Contracting Parties has better opportunities to export films to a third country, this option will also be used to export co-production films;
(b) films in which co-producers have the same participation shall be exported as the works of a State with better export possibilities.
Where a minority co-producer should supplement its contribution in cash, it must do so within 60 days of the date of transmission of all the material necessary to create a verse in the speech of a country with a majority participation. In the event of non-compliance with this condition, the competent authorities and the organizations of the Contracting Parties may refuse the benefits of co-production where the loss of such benefits is no longer due to the national provisions of the Contracting Parties.
1. For the duration of this Agreement, the Contracting Parties shall establish a Joint Commission to ensure its implementation.
2. The head of the Czechoslovak part of the Joint Commission will be the central director of the Czechoslovak film or its representative, the head of the Italian section will be the representative of the Ministry of Tourism and Theatres, who are taking on experts and experts to cooperate.
3. Joint Commission:
(a) examine the balance of benefits in co-production films;
(b) may determine each year the minimum cost of co-production films with three or more producers.
4. The Joint Commission will meet annually alternately in Czechoslovakia and Italy.
1. The implementing provisions for this Agreement are set out in the Annex, which forms an integral part of the Agreement.
2. The Annex may be amended by agreement between the competent authorities and the organisations of the Contracting Parties. Amendments to the Annex shall be made provisionally as from the date of signature of the Protocol on their negotiation and shall enter into force on the date of the exchange of notes on their approval.
The Agreement shall enter into force on the date of signature. It shall be closed for a period of one year and shall be tacitly extended for another year unless one of the Contracting Parties denies it three months before the expiry of the current period.
2. The expiry of the Agreement shall be without prejudice to the validity of co-production contracts already concluded between co-producers of the Contracting Parties.
Dane in Prague on 25 March 1968 in two copies, each in the Czech and Italian languages, the two texts being equally authentic.
For the Government
Czechoslovak Socialist Republic:
A. Meridian v. r.
For the Government
Republic of Italy:
Vittorio Winspeare Guicciardi v. r.
ANNEX
Implementation of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic on Film Cooperation
Article 12 of the Agreement.
Applications for the benefit of film co-productions must be filed in Czechoslovakia with the Central Directorate of Czechoslovak Film and in Italy with the Ministry of Tourism and Theatres at least 30 days before the beginning of the shooting of the film as provided for in Article 4 (g) of the Agreement.
The complete application documentation shall be submitted to the competent authorities and organisations of the Contracting Parties before the start of the shooting and shall include the following documents in the national language of the Contracting Parties:
I. scenario and dialogues
II. proof of a valid transfer of copyright for film processing or evidence of a legitimate option;
III. Coproduction contract (in one signed copy with three signatures) agreed subject to approval by the competent authorities and the organisations of the Contracting Parties.
This contract shall include:
1. film title,
2. the name of the author of the subject or processor when it comes to the processing of the literary work;
3. name of director,
4. total costs,
5. the extent of the benefits of co-producers;
6. distribution of profits and markets,
7. a commitment by the co-producers to participate in the event in proportion to their benefits. increased expenditure or savings incurred in the production of the film; the share of increased expenditure may be limited to 30% of film costs;
8. - the provision that the granting of benefits does not give rise to the obligation of the competent authorities and organizations of the Contracting Parties to issue a public film screening permit;
- provisions on the adjustment of the financial conditions in the event that the competent authorities, having examined the documentation submitted, would not have given the required approval;
- similar provisions also in the event that the competent authorities and the organizations of the Contracting Parties would not allow film to be shown in one or another country or its export;
- the specific amendment must also address the relationship between co-producers in the absence of reimbursement of the financial benefits provided for in Article 10 of the Agreement;
9. Estimated approximate time to start shooting the film.
IV. Financing plan;
V. a list of all technical and artistic staff with nationality and the roles entrusted to individual actors;
VI. shooting plan.
The competent authorities and organisations of the Contracting Parties may request additional documents and particulars as appropriate.
The amendments to the co-production contract may also be agreed upon after its deposit, but shall be submitted for approval to the competent authorities and organisations of the Contracting Parties before the film is finished.
The competent authorities and organisations shall inform each other of the co-production permit issued.
Coproducers shall be informed of the decision on their applications only after agreement has been reached between the responsible authorities and the organisations of the Contracting Parties.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 76 / 1968 Coll., on the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Italian Republic on Film Cooperation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.06.1968 |
|---|---|
| Effective from | 25.03.1968 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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