Guidelines
Eligibility: Co-producers' agreement
Each Arrangement specifies that the co-producers must execute a Co-producers’ Agreement outlining the terms for the making of the co-production (the Agreement).
The Agreement will form part of the financing documentation and, amongst other things, should specify the Arrangement(s) under which the project is being made. It should also include the budget, finance plan, cash-flow schedule, control and copyright holdings, financial splits and dispute resolutions.
Under the Agreement, the Australian co-producer must retain a share of copyright in the co-production, at least by the time that an application is made for final approval. This refers to copyright in the finished film, not copyright in any underlying work.
In addition, please note that each Arrangement specifies a number of provisions that must be included in a Co-producers’ Agreement. You must ensure that each of these clauses (also set out on our website) is included in the Agreement. Amongst other things it requires a specific credit be included on the project in each co-production. The credit should be in the form ‘An Australia–[Country] Co-production’ or similar, with the majority co-producing party placed first. This credit provision should be specified in the Agreement.