Publication: Magyar Közlöny
Issue: MK-2009-188 (Year: 2009, Number: 188)
Era: 2004-2010
Section: A Kormány 294/2009. (XII. 21.) Korm. rendelete
Paragraph Index: 232

16. a koprodukciós partnerek által aláírt végleges forgatókönyvet. A két ország ille té kes hatóságai bármilyen további dokumentációt és minden egyéb kiegészítõ információt kérhetnek, amelyet szükségesnek ítélnek. Elvben a végsõ forgatókönyv (beleértve a dialóglistát) még a forgatás megkezdése elõtt kell, hogy az ille té kes hatóságokhoz eljusson. Módosítást, beleértve a koprodukciós partner változását, az eredeti szerzõdésben lehet eszközölni, de jóváhagyásra mindkét ország ille té kes hatóságához el kell juttatni még a koprodukció befejezése elõtt. A koprodukciós partner megváltoztatása csak kivételes esetben lehetséges, és csak olyan okból, amelyet mindkét fél ille té kes hatósága elfogad. Az ille té kes hatóságok folyamatosan értesítik egymást döntéseikrõl. Agreement on Film and Video Relations between the Government of the Hungarian People`s Republic and the Government of Canada The Government of the Hungarian People¨s Republic and the Government of Canada, CONSIDERING that it is desirable to establish a framework for audiovisual relations and particularly for film and video co-productions; CONSCIOUS that co-productions can contribute to further expansion of the film and video production industries of both countries as well as to the development of their cultural and economic exchanges; CONVINCED that this cultural and economic cooperation will contribute to the enhancement of the relations between the two countries; Have agreed as follows: ARTICLE I For the purposes of this Agreement, the word „co-production” refers to projects irrespective of length or format including animation and documentaries, produced either on film, videotape or videodisc, for distribution in theatres, on television, videocassette, videodisc or any other form known or yet to be invented or used. ARTICLE II Co-productions undertaken under the present Agreement must be approved by the following competent authorities: In Hungary: the Director General of Central Board of Hungarian Cinematography; In Canada: the Minister of Communications. ARTICLE III These co-productions are considered to be national productions by and in the two countries. They are by right fully entitled to the benefits resulting from the legislation and regulations concerning the film and video industries which are in force or from those which may be decreed in each country. These benefits accrue solely to the producer of the country that grants them. ARTICLE IV In order to qualify for the benefits of this Agreement, co-productions must be undertaken by producers who have good technical organization, sound financial backing and recognized professional standing. The competent authorities of the two countries provide each other with a statement that their respective producer appears to meet the criteria above. ARTICLE V The producers, the writers and the directors of co-productions, as well as technicians, performers and other production personnel participating in the production, must be Hungarian or Canadian, or permanent residents of Hungary or Canada. ARTICLE VI The term „permanent residents of Canada” mentioned in the preceding Article has the same meaning as in the provisions of the Canada Income Tax Regulations relating to certified productions, as they may be amended from time to time. ARTICLE VII Should the co-production so require, the participation of one (1) performer other than those provided for in Article V may be permitted, subject to agreement between the co-producers and approval of the competent authorities of both countries. ARTICLE VIII The proportion of the respective contributions of the co-producers of the two countries may vary from twenty (20) to eighty (80) per cent for each co-production. To establish this proportion, all technical and creative elements brought by the Hungarian co-producer can be expressed at the highest of the following rates: either union rates applicable to Hungary or minimum union rates applicable to the Canadian co-producer at the time of the co-production. ARTICLE IX Live action shooting as well as animation works, such as storyboards, layout, key animation, inbetweens and voice recording, must be carried out alternatively in Hungary and Canada. Location shooting, exterior or interior, in a country not participating in the co-production may be authorized, if the script or the action so requires and if technicians from Hungary and Canada take part in the shooting. ARTICLE X The minority co-producer shall be required to make an effective technical and creative contribution. In principle, the contribution of the minority co-producer in technicians and performers shall be in proportion to his investment. In all cases, such contribution shall include the participation of not less than three technicians, one performer in a leading role and two performers in a supporting role. In exceptional circumstances, departures herefrom may be approved by the competent authorities of both countries. ARTICLE XI The competent authorities of both countries look favourably upon co-productions undertaken by producers of Hungary, Canada and countries to which both Hungary and Canada are bound by co-production agreements. ARTICLE XII The proportion of minority contributions to such co-productions shall not be less than twenty (20) per cent for each co-production. ARTICLE XIII The minority co-producers shall be required to make an effective technical and creative contribution. ARTICLE XIV An overall balance must be achieved during the term of the present Agreement with respect to financial participation, as well as to the creative staff, technicians, performers, and technical resources (studios and laboratories). ARTICLE XV The Joint Commission referred to in Article XXIX of the Agreement shall examine whether such a balance has been achieved, and shall decide what measures are necessary in order to correct any imbalance. ARTICLE XVI Two copies of the final protection and reproduction material used in the production shall be made for all co-productions. Each co-producer shall be the owner of a copy of the protection and reproduction material and shall be entitled to use it to make the necessary reproductions. The original production material of the co-production made under the Agreement will be archived in the country of the majority co-producer, except when, at the request of the co-producers, the competent authorities agree otherwise. Moreover, each co-producer shall have access to the original production material in accordance with the conditions agreed upon between the co-producers. ARTICLE XVII The original sound track of each co-production shall be made in Hungarian or in either English or French. Double shooting in two of these languages may be made. Dialogue in other languages may be included in the co-production as the script requires. ARTICLE XVIII Dubbing or subtitling in Hungarian shall be carried out in Hungary and the cost shall be included in the Hungarian co-producer contribution. Dubbing or subtitling of each co-production into English and French shall be carried out in Canada and the cost shall be included in the Canadian co-producer contribution. The Hungarian co-producer shall have access to the English and French versions made by the Canadian co-producer to meet his needs for distribution and marketing in his territories. ARTICLE XIX Moreover, the competent authorities of the two countries wish that dubbing or subtitling into Hungarian of each Canadian production distributed and exhibited in Hungary be carried out in that country and dubbing or subtitling into English or French of each Hungarian production distributed and exhibited in Canada be carried out in that country. ARTICLE XX Subject to their legislation and regulations in force, Hungary and Canada shall facilitate the entry into and temporary residence in their respective territories of the creative, technical and artistic personnel dependent on the co-producer of the other country. They shall similarly permit the temporary entry and re-export or leasing of any equipment necessary for the co-production under this Agreement. ARTICLE XXI Contract clauses providing for the sharing of markets and receipts between co-producers shall be subject to approval by the authorized Hungarian enterprise and by the competent Canadian authority. Such sharing shall in principle be based on the percentage of the respective contributions of the co-producers outlined in Article VIII. ARTICLE XXII Approval of a co-production proposal by the competent authorities of both countries is in no way binding upon them in respect of the granting of license to show the co-production. ARTICLE XXIII Where a co-production is exported to a country that has quota regulations:

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