The agreement between China and New Zealand to cooperate in the production of television films comes into effect, and cooperation will be launched in TV series, documentaries and animations

In order to promote cultural exchanges and television cooperation between the two sides, the Chinese government and the New Zealand government reached relevant agreements on the co-production of television films through friendly consultations in accordance with the current laws and regulations of the two countries.

The "Agreement between the Government of the People's Republic of China and the Government of New Zealand on Cooperation in the Production of Television Films" was signed in Wellington on November 20, 2014 as Annex 15 of the Free Trade Agreement between the Government of the People's Republic of China and the Government of New Zealand and came into effect on January 19, 2015. The full text of the "Agreement between the Government of the People's Republic of China and New Zealand on Cooperation in the Production of Television Films" is hereby announced.

Annex: Agreement between the Government of the People's Republic of China and the Government of New Zealand on Cooperation in the Production of Television Films

The Government of the People's Republic of China ("China") and the Government of New Zealand ("New Zealand")(hereinafter referred to as the "Two Parties") have reached an agreement as follows through friendly consultations in accordance with the existing laws and regulations of the two countries:

Article 1

. The term "co-production of television films" as used in this annex refers to television films produced jointly by co-production producers at home and abroad. The types of co-productions include TV series, documentaries and animations.

2."Co-production producer" in this annex:

(1) For China, it refers to a television program production organization established in accordance with the law in the territory of the People's Republic of China;

(2) For New Zealand, it refers to a television program production organization in New Zealand managed and/or owned by a citizen or permanent resident of New Zealand.

Article 2

Co-production TV films approved by the competent authorities of both parties enjoy the rights and interests stipulated in the corresponding clauses of this annex and the rights and interests granted by other relevant management regulations promulgated by both parties.

Article 3

Co-produced television films shall meet the following conditions:

(1)(including but not limited to) the main content creation elements such as early creativity and script writing shall be jointly determined by the co-produced producers;

(2) Co-produced television films shall be jointly invested by the co-produced producers, and the investment methods include direct investment in money and indirect investment at discounts on labor, physical objects, advertising time, etc.;

(3) Co-produced producers shall jointly send creative personnel and technical personnel to participate in the entire production. Among the main creative personnel (including but not limited to screenwriters, producers, directors, and main actors), the personnel of the co-production party shall not be less than one-third;

(4) The personnel participating in the co-production should be citizens or permanent residents of one party. Under certain circumstances, such as scripts or fund-raising needs, creators from other countries other than the co-production producer may also participate in the production;

(5) The degree of participation of the co-production producer in terms of performance, technology, craftsmanship and creativity, and the production costs incurred in the country should be maintained in a reasonable proportion to the total investment.

Article 4

Subject to compliance with relevant laws on entry and stay, one party shall allow citizens and permanent residents of the other party and third parties approved in accordance with Article 10 of this annex to enter and stay for the purpose of producing or developing co-production television films.

Article 5

The co-production producer shall respect the constitution, laws, regulations, national culture, religious beliefs and local customs of the country where the film is filmed during the filming process.

Article 6

Whether it is broadcasting, participating in festivals and exhibitions, or advertising, the nature of the co-produced TV series shall be separately stated in the subtitles of the TV series.

Article 7

1. Before shooting a co-produced TV series, approval must be obtained from the following competent authorities of both parties:

(1) Government of People's Republic of China: State Administration of Press, Publication, Radio, Film and Television;

(2) Government of New Zealand: New Zealand Film Commission.

2. After the co-production of a TV film is completed, the co-production producer is responsible for submitting the completed TV film (and all documents required by the respective competent authorities) to the respective competent authorities, obtaining final approval from the competent authorities, and enabling the co-production to enjoy the final approval. Rights and interests of approval.

Article 8

1. The copyright of a co-produced television film shall be jointly owned by the co-produced producers.

2. The co-production producers shall agree on the distribution region and distribution of distribution income based on their respective investment ratios.

3. If it is distributed in a country or region outside the territory of both parties, copyright issues must be enforced in accordance with the agreement between the co-production producers.

Article 9

1. Notwithstanding the provisions of Article 213, paragraph 3, of the Agreement, either party may terminate this annex by notifying the other party in writing six months in advance through diplomatic channels.

2. When one party proposes a termination attachment, the co-production television series that has been approved by the competent authorities of both parties but has not been completed will continue to enjoy all the rights and interests granted by this attachment until the television series is completed.

3. After the termination of this annex, the terms of this annex will continue to apply to the income distribution of completed co-productions.

Article 10

1. If China or New Zealand has signed a television co-production agreement with a third party, at the joint request of the co-production producer, the competent authorities of both parties may approve the third-party producer to cooperate with the co-production producer to produce this Annex. Co-production TV films covered by this annex.

2. For a co-production of a TV film approved under this article, the investment of the third-party producer shall not be greater than that of the China-Singapore co-production producers who has invested less.

Article 11

Any differences arising from the interpretation or implementation of this annex shall be resolved through joint consultation between both parties.

Article 12

1. This annex shall hereby serve as an annex to the Agreement and become an integral part of the Agreement.

2. In the event of any inconsistency between this annex and other provisions of the Agreement, this annex shall prevail.

3. The provisions of this annex shall not be used to interpret any other provisions of the Agreement.

Article 13

The following chapters of the Agreement shall not apply to this Annex:

(1) Chapter 11 Investment Section 2 Investor-State Dispute Resolution

(2) Chapter 16 Dispute Resolution

This Annex was signed in Wellington on November 20, 2014 in duplicate, each written in Chinese and English, and both texts have the same legal effect

Editor: vian