A Co-Production Agreement is essential when two or more entities wish to collaborate on the production of screen content in Australia. This document is particularly relevant when parties seek to combine resources, share risks, and maximize production incentives under Australian law. The agreement must align with Screen Australia's guidelines, relevant tax legislation, and, where applicable, international co-production treaties. It typically includes detailed provisions for financial contributions, intellectual property rights, creative control, profit sharing, and delivery requirements. The agreement is crucial for productions seeking to access Australian screen incentives, satisfy local content requirements, or engage in official international co-productions. It serves as the foundational document governing the relationship between co-producers throughout the production process and beyond.
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1. Parties: Identification of the co-production partners and their legal details
2. Background: Context of the agreement, project overview, and parties' expertise
3. Definitions: Detailed definitions of terms used throughout the agreement
4. Project Details: Specific details about the production, including format, length, and content
5. Roles and Responsibilities: Detailed breakdown of each party's obligations and contributions
6. Intellectual Property Rights: Ownership and licensing of IP, including pre-existing and created content
7. Financial Terms: Budget, funding arrangements, cost sharing, and revenue distribution
8. Production Control: Decision-making processes, approvals, and creative control
9. Credits and Publicity: Requirements for credits, marketing, and promotional materials
10. Delivery Requirements: Specifications for deliverables and technical requirements
11. Term and Termination: Duration of agreement and circumstances for early termination
12. Representations and Warranties: Legal assurances from each party
13. Insurance and Indemnification: Insurance requirements and liability provisions
14. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. International Co-Production Requirements: Required when the agreement involves international partners and must comply with treaty requirements
2. Government Incentives: Include when parties are seeking tax incentives or government funding
3. Distribution Rights: Required when distribution rights are being allocated between co-producers
4. Talent Arrangements: Include when specific talent attachments are crucial to the agreement
5. Cultural Content Requirements: Required for productions needing to meet specific cultural content criteria
6. Force Majeure: Detailed force majeure provisions for high-budget productions
7. Confidentiality: Extended confidentiality provisions for sensitive productions
8. Environmental Sustainability: Include when parties commit to specific environmental standards in production
1. Schedule A - Project Description: Detailed description of the production, including synopsis and format
2. Schedule B - Budget: Detailed production budget breakdown
3. Schedule C - Production Schedule: Timeline for pre-production, production, and post-production
4. Schedule D - Financial Contributions: Detailed breakdown of each party's financial contributions
5. Schedule E - Key Personnel: List of key creative and production personnel
6. Schedule F - Technical Specifications: Technical requirements and delivery specifications
7. Schedule G - Chain of Title: Documentation of rights ownership and clearances
8. Schedule H - Distribution Territories: Breakdown of distribution rights by territory
9. Schedule I - Required Insurances: List of required insurance policies and coverage levels
10. Appendix 1 - Payment Schedule: Timeline and conditions for financial contributions
11. Appendix 2 - Approval Procedures: Detailed procedures for creative and technical approvals
Relevant legal definitions
Clauses
Relevant Industries
Media & Entertainment
Film & Television
Digital Content
Broadcasting
Animation
Gaming
Advertising
Streaming Services
Cultural & Creative Industries
Interactive Media
Relevant Teams
Legal
Production
Business Affairs
Finance
Development
Commercial
Operations
Rights Management
Compliance
Creative
Relevant Roles
Head of Production
Executive Producer
Production Manager
Legal Counsel
Business Affairs Manager
Finance Director
Chief Content Officer
Production Accountant
Development Executive
Commercial Director
Creative Director
Chief Operating Officer
Head of Business Affairs
Compliance Officer
Rights Manager
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