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ARTICLE 1
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In this Agreement, unless the Agreement otherwise requires:
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A co-production is a film including feature films, documentaries, science films, animation films and commercials, irrespective of length, either on film, videotape or videodisc, which can be shown in cinemas, on television or on video recorders jointly' invested in and produced by producers from the two countries and made in accordance with the terms of recognition given by the competent authorities of India and Italy under this Agreement. New forms of audio-visual production and distribution shall be included in the present Agreement by exchange of notes between the Parties.
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Co-production projects undertaken under the present Agreement must be recognized by the following authorities, referred to hereinafter as the competent authorities:
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In Italy- by the Ministry of Cultural Properties and Activities, Department of Entertainment and Sport, General Management of Cinema; and
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In India by the Ministry of Information and Broadcasting.
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Co production produced under the terms of this Agreement shall be taken in either of the two countries as National Production with every benefit available as National Production but will abide by applicable national law for distribution and production. These benefits, however, accrue to the producer from the country, which grants them.
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ARTICLE 2
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The co- producers in either of the two countries shall satisfy themselves about each other's capability, including their professional knowledge, organizational capability, financial backing and professional reputation.
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The Government of India and Italy shall in no way be responsible or liable with regard to satisfaction of either of the co producers.
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ARTICLE 3
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Any benefits under this Agreement shall be available for co production only when investment of finance, material and management including creative and other inputs not below 20% of the total cost comes from co-producer of one country provided always that specific percentage contribution will be decided amongst producers themselves.
Notwithstanding anything stated in above paragraph, the two parties may at any time decide jointly in writing to make appropriate changes, in percentage, as maybe deemed fit.
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ARTICLE 4
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The producers of a co-production shall be citizens or permanent resident either of Italy or India subject to any sort of compliance of the obligations created by European Union Italy as a member.
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In the event of dire need of co-production, persons other than citizen or permanent resident as stated hereinabove are permissible to be engaged without losing the character of co-production in case advance written permission from both the countries is obtained after explaining the reasons of inclusion of such person.
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ARTICLE 5
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Live action shooting and animation works such as storyboards, layout, key animation, in between and voice recording must, in principle, be carried out alternatively in Italy or in India.
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Location shooting, exterior or interior, in a country not participating in the co-production however, is acceptable at discretion if the script or the action so requires and if technicians from Italy and India take part in the shooting.
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The laboratory work shall be done in either Italy or India, unless it is technically impossible to do so, in which case the laboratory work in a country not participating in the co-production can be permitted by the competent authorities of both countries.
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