Brazil

 
Agreement Between the Government of the Republic of India And The Government of the Federative Republic of Brazil On Audio Visual Co - Productions
 
The Government of the Republic of India and the Government of the Federative Republic of Brazil (hereinafter referred to as “the Contracting Parties”)

Seeking to enhance co-operation between their two countries in the audio-visual area;

Desirous of expanding and facilitating the co-production of audio-visual works, which may be conducive to the development of the film and audio-visual industries of both countries and to the expansion of cultural and economic exchanges between them;

Convinced that these exchanges will contribute to the enhancement of relations between the two countries;
 
Have agreed as follows:
 

ARTICLE 1

 

Definitions

  For the purposes of this Agreement
1.

“Audiovisual Co-production” means an audiovisual work jointly invested in and produced by one or more Brazilian co-producers and one or more Indian co-producers under a project approved by both Competent Authorities.

2.

“Audiovisual Work” means any record of a sequence of related images, irrespective of length, which is intended to be made visible as a moving image through the use of devices, regardless of the medium of initial or subsequent fixation, and for which there is an expectation for public exhibition. It includes films and video recordings, animation and documentary productions for exploitation in theatres, on television, DVD or by any other form of distribution. New forms of audiovisual production shall be included in the present agreement by exchange of Notes between the Contracting Parties.

3.
“Co-producer” shall be:
a. as regards the Republic of India:
  i.) Nationals/citizens of the Republic of India;
  ii.) Permanent residents of India; and
  iii.) Entities which are established and/or incorporated in India.
   
b.
as regards the Federative Republic of Brazil:
  i.) nationals/citizens of the Federative Republic of Brazil;
  ii.) permanent residents of Brazil; and
  iii.) entities which are established and/or incorporated in Brazil.
   
4. “Competent Authority” means:
a. on behalf of the Federative Republic of Brazil, the Ministry of Culture; and
b. on behalf of the Republic of India, the Ministry of Information and Broadcasting.
   

ARTICLE 2

  Benefits
1.
An Audiovisual Co-production shall be treated as a national Audiovisual Work by both Contracting Parties and, therefore, shall be fully entitled to all the benefits which are or may be accorded to national audiovisual works by each of the Contracting Parties under their respective national laws.
2. Any benefits available in Brazil may only be accorded to a Brazilian Co-producer.
3. Any benefits available in India may only be accorded to an Indian Co-producer.
4. The sharing of expenses and revenues shall be as mutually decided by the Co-producers.
   
 
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