The Co-Production Agreement is essential for screen industry collaborations in New Zealand, particularly when local production companies partner with international entities to create audio-visual content. This document is typically used when parties seek to combine creative and financial resources while potentially accessing government incentives, tax benefits, and funding opportunities available through official co-production status. The agreement must comply with New Zealand's legal framework, including the New Zealand Film Commission Act 1978 and relevant international co-production treaties. It covers crucial elements such as budget allocation, creative control, intellectual property rights, revenue sharing, and territorial distribution rights, while ensuring all parties' interests are protected under New Zealand law.
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1. Parties: Identification of the co-production parties, including their legal names, addresses, and company registration details
2. Background: Context of the agreement, brief description of the project, and the parties' intentions to collaborate
3. Definitions: Definitions of key terms used throughout the agreement, including technical industry terms and project-specific terminology
4. Project Details: Detailed description of the production, including format, length, genre, and core creative elements
5. Roles and Responsibilities: Specific duties and obligations of each co-producer in the production process
6. Financial Structure: Budget arrangements, funding responsibilities, and cost allocation between parties
7. Intellectual Property Rights: Ownership and distribution of IP rights, including copyright and ancillary rights
8. Territory and Distribution Rights: Definition of territorial rights and distribution arrangements for each party
9. Creative Control: Decision-making processes and approval rights for creative elements
10. Credits: Requirements for on-screen and promotional credits
11. Accounting and Records: Financial reporting requirements, audit rights, and record-keeping obligations
12. Revenue Share: Distribution of revenues and profit-sharing arrangements
13. Term and Termination: Duration of the agreement and circumstances for early termination
14. General Provisions: Standard legal clauses including governing law, dispute resolution, and force majeure
1. Government Incentives: Specific arrangements for accessing and sharing tax incentives or government grants, used when parties plan to access such benefits
2. Music Rights: Detailed provisions for music licensing and ownership, required when the production involves significant music elements
3. Merchandising Rights: Terms for exploitation of merchandising and ancillary products, relevant for projects with commercial potential beyond broadcast
4. Digital Rights: Specific provisions for online and digital exploitation, important for productions with significant digital distribution
5. Key Personnel: Provisions regarding key creative and technical personnel, used when specific talent is crucial to the project
6. Insurance: Detailed insurance requirements beyond standard provisions, necessary for high-risk or high-value productions
7. COVID-19 Provisions: Specific arrangements for managing pandemic-related risks and interruptions
8. Treaty Compliance: Specific provisions ensuring compliance with relevant co-production treaties, required for official co-productions
1. Schedule 1 - Budget: Detailed production budget including cost allocations between parties
2. Schedule 2 - Production Schedule: Timeline for pre-production, production, and post-production activities
3. Schedule 3 - Financing Plan: Detailed breakdown of financing sources and cashflow schedule
4. Schedule 4 - Key Personnel: List of approved key creative and technical personnel
5. Schedule 5 - Distribution Territories: Detailed breakdown of territorial rights and distribution arrangements
6. Schedule 6 - Delivery Requirements: Technical specifications and delivery materials required from each party
7. Schedule 7 - Chain of Title: Documentation of rights ownership and transfers
8. Schedule 8 - Marketing and Credits Requirements: Detailed specifications for credits and marketing obligations
9. Appendix A - Form of Production Reports: Templates for required production progress reports
10. Appendix B - Cost Reporting Template: Standardized format for financial reporting
Relevant legal definitions
Clauses
Relevant Industries
Film & Television
Media & Entertainment
Digital Media
Animation
Broadcasting
Video Games
Performing Arts
Creative Industries
Digital Content Production
Interactive Entertainment
Relevant Teams
Legal
Business Affairs
Production
Finance
Development
Distribution
Commercial
Rights Management
International Relations
Operations
Relevant Roles
Executive Producer
Production Executive
Legal Counsel
Business Affairs Manager
Head of Production
Finance Director
Production Accountant
Creative Director
Content Acquisition Manager
Distribution Manager
Development Executive
Commercial Director
Rights Manager
Chief Operating Officer
International Co-Production Executive
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