Canada

[CA-DE] Agreement between Canada and Germany concerning Audiovisual Relations

IRIS 2004-8:1/10

Kathrin Berger

Institute of European Media Law (EMR), Saarbrücken/Brussels

On 22 June 2004 an agreement was signed between Germany and Canada concerning audiovisual relations between the two countries. A similar agreement signed in 1978 is no longer in force.

The aim of the new agreement is to create the necessary environment for German/Canadian co-productions in the film, television and video sectors, with a view to promoting the German and Canadian film industries and encouraging cultural and economic exchanges. The German and Canadian governments are also convinced the agreement will strengthen relations between the two countries.

The agreement itself contains several different provisions designed to make it easier for film producers to work together. For example, every co-production produced under the agreement is to be considered to be a national production for all purposes in both countries (Article 1). This is so that the film producers can take advantage of measures to promote film production in both countries at once. The agreement also stipulates that, within the framework of their prevailing laws, both countries must allow film producers from the other country to enter their territory and take up temporary residence there and must grant them work permits. However, the promotion of co-productions is not without certain conditions. According to Article 4, for example, all participants in the making of the production must be either German or Canadian nationals, although in relation to Germany "nationals" also means nationals of another EU Member State or another Contracting State to the agreement on the European Economic Area. Studio shooting and location shooting must also take place in one of the two countries. The competent authorities may, however, grant certain exceptions to these rules. Projects must also qualify as co-productions before shooting begins. The application process involves extensive documentation that must be addressed to the German Federal Office of Economics and Export Control, or Telefilm Canada in the case of Canada.

A Joint Commission of representatives from the government and the film, television and video industries in both countries has been set up to oversee implementation of the agreement on a regular basis and to monitor its development.