A Comparative Study on the Scheme of International Film Co-production Treaties

• Main Authors: Chen I, Su, 蘇真儀
• Other Authors: Michael ST Gau
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/04265054551721680319

碩士 === 東吳大學 === 法律學系 === 101 === This thesis is researching about the film co-production treaties between national governments, and studying about how the Contracting Parties under the film co-production treaties to subside and assist their own film industries to develop. 　　 　　In this thesis, the author induced the principles and important clauses under the following seven co-production treaties, to realize the intentions of the co-production treaties.  Agreement on the promotion of co-produced film projects between France and Canada.  "Mini-Treaty Animation Production" agreement on the promotion of film and audiovisual co-production projects in the field of animation between France and Canada.  Film co-production agreement between France and Canada.  Agreement on film co-production between the government of the Republic of Korea and the French Republic.  Agreement between the government of the Republic of Korea and the government of New Zealand concerning the co-production of films.  Audio-visual co-production agreement between the government of Canada and the government of Singapore.  "Mini-treaty television development" agreement between the government of Canada and the government of the Republic of France regarding the development of French language audiovisual co-production projects for television. 　　The author hopes the result of this thesis would be helpful for Taiwan when we have intent to negotiate the film co-production treaties with foreign countries. From the research result, on the one hand we can find the essences of the film co-production treaties that protecting and assuring the certain proportion of the main creators (ex: director, script writer, actor, actress, composer, photographer director, art director, etc.) who participate in the co-production shall be the citizens or residents of the Contracting parties. On the other hand, the Contracting Parties’ financial and artistic contribution for the co-productions within certain period shall achieve an overall balance between both countries to assure the film co-production treaty is reciprocal. 　　Considering Taiwan is the WTO member and the film service is regulated under GATS, this thesis also focuses on the issue that whether WTO members signed international film co-production treaties against the most-favored-nation treatment principle under GATS. If the co-production is produced under the model, that the co-producers’ want to co-create their film as a “joint artistic work” together, and the financial contributions and artistic contributions from the same co-producer are in proportional. Therefore, such “co-production” shall not be regulated under the GATS since there were shall not be involved any service purchase and service providing relationship between the co-producers. In this point, if the real purposes of the co-production treaties are intend to promote the Contracting Parties’ producers to “co-create” the films, shall not violate the obligation under GATS. 　　On the international stage, France and Canada both are the most active and effective countries sign film co-production treaties with other foreign countries. Therefore, this thesis contains the policies and the subsidies measures for film industries in France and Canada by promoting international co-production. In the research result, we can find the results and effect are different between France and Canada. The French film market has been rising and flourishing. Although Canada do not receive the success in the film market Canada have established a good and complete local film industry by the promotion of international co-production. 　　Obviously, France’s success in film may result from the truth that the whole people in France fully recognized French film as their culture. Taiwan may follow the successful experience of France or Canada, or find more suitable policies and measures to help Taiwanese’s film industry through signing co-production treaties. 　　Since making films is not only business but also the process of creations, the co-production contracts shall be very important for the film producers. So this thesis is also aimed at the general clauses of the international co-production contracts and taking an actual co-production contract which is an official co-production approved under France and Canada Film co-production treaty, as a case study. Perhaps this introduction of the co-production contracts would be the references materials for the film producers. 　　Looking back the history of Taiwanese film industry, we can find Taiwan producers had co-produced many films with Hong Kong producers in 70~90 ages. Now, Taiwan’s film producers are craving to co-produce films with Mainland China producers. Therefore, the author also introduces the relative regulations for film industry in Mainland China, and the regulations related to Taiwan’s producers to co-produce the films with Mainland China’s producers, which stipulated by the Government of Mainland China. 　　As the writer of this thesis, before signing the co-production treaties with foreign countries, the author advises Taiwan government to realize the developments of Taiwan’ film industry and such foreign country’s film industry, study the laws, regulations and financial subsidies provided by such foreign country, to complete the impact assessment. Therefore, we could realize the advantages and disadvantage between Taiwan and such foreign country. As a member in Asia, maybe we could cooperate with Asia countries at the first step, such as Singapore, South Korea or Japan. 　　In this thesis, “film” is also including the “animation”. Therefore, the author hopes animation workers or animation studios can pay more attention to “international co-production treaties”, since such treaties would be concerned with the future developments of the local animation workers and animation studios in Taiwan. 　　Finally, the author sincerely expects this thesis could be helpful for Taiwan’s film and animation industries.