Germany

Written by Film Federation of India
Tuesday, 26 August 2008 14:48
 
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(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.

ARTICLE 5

 

Participants

1. The persons participating in the production of a film shall fulfill the

following requirements:

(a) As regards the Republic of India, they shall be -

  1. (i)     Nationals/Citizens of the Republic of India or
  2. (i)     Permanent residents of India

(b) As regards the Federal Republic of Germany, they shall be

  1. (ii)   Germans within the meaning of the Basic Law
  2. (iii) Persons who are rooted in the German culture and have their legal residence in the territory of the Federal Republic of Germany;
  3. (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 1992.

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.

   
ARTICLE 6
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 co-producers themselves.

(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 Republic of India or into German shall be carried out in the Republic of India, or in the Federal Republic of Germany or in another Member State of the European Union or in another Contracting State of the Agreement on the European Economic Area respectively. Any departure from this principle must be approved by the competent authorities.

 
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