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Agreements Cooperation Cinematography (Uruguay) - Full Text Of The Norm

Original Language Title: ACUERDOS COOPERACION CINEMATOGRAFIA (URUGUAY) - Texto completo de la norma

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ACUERDOS Law 25.475 Approve a Cinematographic Coproduction Agreement signed with the Eastern Republic of Uruguay.

Sanctioned: October 24, 2001.

Cast: November 19, 2001.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

ARTICLE 1 Appropriate the agreement of CINEMATOGRAPHIC COPRODUCTION between the ARGENTINA REPUBLIC and the ORIENTAL REPUBLIC DEL URUGUAY, subscribed to Montevideo REREPUBLICA ORIENTAL DEL URUGUAY el on 18 August 1999, which consists of VEINTE (20) articles and UN (1) annex, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the national executive branch.



PASCUAL RAFAEL. . MARIO A. LOSADA. . Roberto C. Marafioti. . Juan C. OyarzĂșn.

Cinema Production Agreement




of Uruguay

The Argentine Republic and the Eastern Republic of Uruguay, henceforth called "the Parties";

For the purpose of strengthening the many cultural and historical affinities of both Silver Peoples;

Aware of the contribution that co-productions can make to the development of cultural and economic exchanges between the two States; and

Resolved to stimulate the development of cinematographic cooperation, promoting the realization of an effective sum of markets that both States make up;

They agreed to the following:

Article I

1. For the purposes of this Agreement, it is:

a) by "film" to the cinematographic, television, videocassette, videodisc, or any other means created or created, in accordance with the provisions relating to the film industry, existing in the territory of each Party.

b) for "creative personnel" the authors of the pre-existing work, the screenwriters, adapters, directors, composers, as well as the chief mounter, the director of photography and the director of art.

2. The contribution of each of these creative elements will be considered individually. In principle, each Party ' s contribution will include at least two elements considered creative (one if it were the director), a leading actor and a secondary actor.

Article II

1. The films made between co-producers of the Parties shall be regarded as national films by the Implementing Authorities of both Parties.

2. Accordingly, they shall enjoy the advantages provided by the legal provisions in force in one and another State for national films, or for which they may be issued in the future.

3. In order to obtain the benefits set out in this Agreement and to be entitled to the facilities provided for in favour of national film production, co-producers shall meet all the requirements required by the respective national laws, as well as the requirements set out in the rules of procedure set out in this Agreement.

Article III

1. The co-production projects under this Agreement shall be approved, after mutual consultation, by the following Implementing Authorities: in the Argentine Republic, the National Institute for Film and Audiovisual Arts and in the Eastern Republic of Uruguay, the National Audiovisual Institute.

2. The benefits of the provisions of this Agreement shall apply only to co-productions undertaken by producers possessing a good technical organization, solid financial support and a professional category recognized by the Implementing Authorities.

Article IV

1. The proportion of the respective contributions of each co-productor may vary between twenty percent and eighty percent.

2. In principle, it will be considered preferable, albeit non-exclusive, that the contribution in creative personnel, in technicians and in actors, of each co-productor is proportional to their investment.

Article V

In carrying out the co-productions contemplated in this Agreement, and subject to the provisions of this Agreement, third-party producers may be integrated with financial, artistic or technical inputs, subject to approval by the Implementing Authorities mentioned in Article III.

Article VI

1. The films should be made by Argentine or Uruguayan directors, or permanent residents in the Argentine Republic or in the Eastern Republic of Uruguay, with the participation of technicians and interpreters of Argentine or Uruguayan nationality, or permanent residents in the Argentine Republic or in the Eastern Republic of Uruguay.

2. The participation of other interpreters and technicians, in addition to those mentioned in the preceding paragraph, shall also be admitted.

3. In the case of bearings made in whole or in part in States other than those of the co-productors, production tables from the States Parties to this Agreement shall be used preferably, and of a third party which, eventually, shall be integrated into co-production, as provided for in Article V.

Article VII

The original negative (image and sound) will be deposited in the territory of the majority co-productor state. Each co-producer has the right to an internegative.

Article VIII

1. Under their respective laws and regulations, each Party shall facilitate the entry, stay and departure of its territory, of the technical and artistic staff of the other Party.

2. It will also permit the temporary import and re-export of the material and equipment necessary for the production of films under this Agreement.

Article IX

Contracts relating to persons, goods or services shall be governed by the law of the State in which they have been formalized. The same rule shall apply to the jurisdiction of the Tribunals to intervene in such cases.

Article X

In principle, the distribution of benefits shall be proportional to the total contribution of each of the co-productors, and shall be subject to the approval of the Implementing Authorities of both States.

Article XI

In the event that a film made in co-production is exported to a State in which the imports of cinematographic works have restricted income, that is, subject to quotas or quotas:

(a) The film shall, in principle, be charged to the contingent of the Party whose participation is majority.

(b) In the case of films involving equal participation among the Parties, the film work will be charged to the Party ' s contingent with the best export possibilities.

(c) If one of the Parties has the free entry of its films into the territory of the importing State, co-productions will benefit fully from this possibility.

Article XII

1. In the presentation credits of each film, when projecting it, co-production should be identified as "COPRODUCCION ARGENTINO - URUGUAYA", or as "COPRODUCCION URUGUAYO - ARGENTINA", depending on the origin of the majority co-productor or as appropriate by the co-productors.

2. Such identification will appear in all commercial propaganda and promotional material and wherever co-production is projected.

Article XIII

Unless otherwise agreed by co-productors, the cinematographic works carried out in co-production will be presented at the International Festivals by the State of the majority co-productor or, in the case of equal co-productions, by the State of the co-productor of which the director is originally a national of one of the Parties.

Article XIV

1. The import, distribution and display of Argentine films in the Eastern Republic of Uruguay and Uruguayan films in the Argentine Republic shall not be subject to any restrictions, except those set out in the legislation and regulations in force in each State.

2. The Parties also reaffirm their willingness to promote and develop, by all means, the dissemination in the territory of each State of films from the other.

Article XV

1. The Implementation Authorities of the Parties shall, if necessary, consider the conditions of implementation of this Agreement in order to resolve any difficulties in the implementation of its provisions. They shall also consider and promote the necessary modifications of the provisions that may eventually be opposed to this Agreement.

2. In order to develop bilateral film cooperation, the Parties agree to the creation of a Joint Film Commission that will meet, in principle, once each year alternately in the territory of each State.

3. However, this Commission may be convened in an extraordinary session at the request of one of the Implementing Authorities, especially in the case of significant legislative or regulatory changes applicable to the film industry, or in the event that the Agreement finds in its application difficulties of particular gravity.

Article XVI

1. The application for admission to the benefits of co-production submitted by producers of each Party shall be drafted, for approval, in accordance with the application procedure provided for in the Annex to this Agreement, which is considered an integral part of the Agreement.

2. This approval is irrevocable, except in the event that initial commitments in artistic, economic and technical matters are not respected.

Article XVII

The Parties may, in common agreement, establish symmetrical promotional measures that encourage the inclusion of venture capitals in Argentine-Uruguayan or Uruguayan-Argentine co-productions that facilitate the process of capital formation for their production.

Article XVIII

Each Party shall grant productions from the other, benefits of exhibition quotas not less than those enjoyed by the other Party in its own productions.

Article XIX

Co-productions under this Agreement shall be spoken in Spanish.

Article XX

1. This Agreement is subject to ratification and shall enter into force thirty days after the date on which the Parties have withdrawn from the respective instruments of ratification.

2. This Agreement is established for a period of three years from its entry into force and is tacitly renewable for periods of three years, except for written denunciation by any Party, upon notice of at least three months.

3. In the event that at the date of termination of this Agreement there are projects of either ongoing or developing films, having been submitted to the Applicable Authorities referred to in Article III, the rules of this Agreement will continue to apply from shooting to final marketing.

Made in the city of Montevideo, at 18 days of August 1999, in two originals in Spanish, the two equally authentic texts.



The producers of each State, to benefit from the provisions of the Agreement, shall submit to the respective authorities their applications for admission to the benefit of co-production, at least one month before the start of the shooting, including:

A document concerning the acquisition of copyright for the use of the work.

A detailed script and a technical sequence script that the director considers relevant.

The list of technical and artistic elements of the two Parties.

A budget, a detailed funding plan, a trade exploitation plan and the distribution agreements they have made.

A work plan for the movie.

A coproduction contract concluded between Co-productors.

Any other requirement that each Party may establish for its exclusively national productions.

Instruments, invoices or commitments relating to the realization of co-productions shall be governed, in terms of their formalities and validity by the law of the State in which they are issued, and shall have the corresponding consular authentication and the recognized professional opinion. Under these conditions, the implementing authorities of the other State shall recognize them as valid.

The application authorities of the two Parties shall exchange the previous documentation from their receipt. The Authority for the Application of the Minority Co-productor State shall grant its authorization only after having received the opinion of the Authority for the Application of the State of the majority co-productor.