The Co-Production Agreement is essential for structuring collaborative audiovisual projects under Belgian law, typically used when two or more production entities join forces to create film, television, or other media content. This document is particularly relevant in the context of Belgium's attractive Tax Shelter system and its position within the European co-production landscape. It outlines the complete framework for collaboration, including financial contributions, creative control, revenue sharing, and intellectual property rights. The agreement must comply with Belgian civil and commercial law, EU audiovisual regulations, and international co-production treaties. It's especially important when seeking to leverage Belgian tax incentives or access European funding mechanisms, and typically includes specific provisions for multi-party governance, risk allocation, and territory-specific distribution rights.
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1. Parties: Identification of all co-producers and their legal details
2. Background: Context of the co-production, including the nature of the production and general intentions of the parties
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. The Production: Details of the production including title, format, length, and technical specifications
5. Roles and Responsibilities: Specific duties and obligations of each co-producer
6. Financial Contributions: Breakdown of financial contributions from each party and payment schedules
7. Intellectual Property Rights: Ownership and allocation of IP rights, including copyright and related rights
8. Production Schedule: Timeline for pre-production, production, and post-production phases
9. Budget and Cost Control: Agreed budget, cost management procedures, and overages handling
10. Creative Control: Decision-making process for creative aspects and final cut rights
11. Credits: Agreement on credits and acknowledgments in the production
12. Distribution and Exploitation: Rights and responsibilities regarding distribution and commercialization
13. Accounting and Records: Requirements for financial reporting and record-keeping
14. Tax Shelter Provisions: Specific provisions relating to Belgian tax shelter benefits
15. Term and Termination: Duration of the agreement and termination conditions
16. General Provisions: Standard legal clauses including governing law, jurisdiction, and notices
1. Multiple Language Versions: Provisions for creating versions in different languages, applicable when multiple language versions are planned
2. Public Funding: Specific provisions related to public funding applications and obligations, used when public funding is sought
3. Merchandising Rights: Provisions for merchandising and ancillary rights exploitation, relevant for productions with commercial potential
4. Insurance and Completion Bond: Detailed insurance requirements and completion guarantee provisions, necessary for larger productions
5. Co-Producer Access Rights: Special provisions for access to rushes and materials, relevant when parties require specific access rights
6. Festival Rights: Specific provisions for festival submissions and screenings, important for productions targeting festival circuits
7. Training and Industry Development: Provisions for including training opportunities or industry development, relevant when required by funding bodies
1. Schedule 1 - Production Budget: Detailed breakdown of the production budget
2. Schedule 2 - Production Schedule: Detailed timeline of all production phases
3. Schedule 3 - Technical Specifications: Technical requirements and deliverables specifications
4. Schedule 4 - Key Personnel: List of key creative and technical personnel
5. Schedule 5 - Distribution Territories: Breakdown of territorial rights allocation
6. Schedule 6 - Revenue Sharing Formula: Detailed calculations for revenue sharing between parties
7. Schedule 7 - Required Deliverables: Complete list of required delivery items
8. Schedule 8 - Chain of Title: Documentation of rights ownership and transfers
9. Appendix A - Treatment/Script: Current version of the treatment or script
10. Appendix B - Tax Shelter Documentation: Required documentation for Belgian tax shelter compliance
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