Canada

[SE-CA] Film Agreement between Sweden and Canada

IRIS 1995-1:1/53

Esther Harlow

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

On 17 October 1994 the Government of Canada and the Kingdom of Sweden signed an agreement on the promotion of film and video productions.

The agreement applies to all films produced for exploitation in cinemas, on television, videocassette or for any other form of distribution, irrespective of the film genre (feature film, animation or documentary), the length and the format.

Each co-production within the meaning of the agreement is considered for all purposes to be a national production by and in each of the two countries. Co-productions are accordingly fully entitled to take advantage of the benefits available to the film and video industries in each country. In order to benefit under the agreement, all co-productions must be undertaken by producers who have good technical organisation, sound financial backing and recognised professional standing.

Under Article 4 of the agreement, the proportion of the co-producers’ respective contributions to a co-produced film may vary between 20 % and 80 % of the budget. In principle, the technical and creative contributions should be in proportion to the investment but exceptions may be approved by the competent authorities of the two countries, namely the Canadian Minister of Communications or, if he so authorises, the Canadian film development agency Telefilm Canada , and the Swedish Film Institute.

Article 8 (1) of the agreement stipulates that the original soundtrack of the film must be produced in English, French or Swedish. Dubbing or subtitling must be carried out in Sweden in the case of Swedish and in Canada in the case of French and English. Here, too, any exceptions are subject to the approval of the competent authorities of both countries