International Co-Production Checklist
By: Mark Litwak
1. Determine nature of relationship. What is each party bringing to the table. What if one party cannot produce what it has promised? How long does the party have to fulfill its commitments? What conditions need to be fulfilled before a party can make its contribution? (i.e. American theatrical distribution).
2. What is each party contributing?: Debt (lending money), Equity (investment), Pre-sales (advance sale of distribution rights), Eligibility for government subsidy or tax benefit, production services, ability to procure script, stars or director. What is the value of each party's contribution?
3. What does each party receive for its contribution? Ownership of film? Interest in proceeds? Recoupment of investment? Distribution Rights for designated media in one or more territories?
4. What are expectations of parties? Are these expectations realistic?
5. Which partner will have primary responsibility for producing the film? What approvals will the other party have? How will disagreements be resolved? Who will disburse production funds? Who will sign checks? What if production goes over budget. Will there be a completion bond? Who will pay for any over budget items?
6. What if currency of one partner is devalued?
7. If co-production is dependent on government approval and receipt of benefits, what are the precise requirements for eligibility? Are they met? If certain elements must be meet nationality or residence requirements, what are those requirements? Is local content required? How is it defined? Who decides and when?
2. What is each party contributing?: Debt (lending money), Equity (investment), Pre-sales (advance sale of distribution rights), Eligibility for government subsidy or tax benefit, production services, ability to procure script, stars or director. What is the value of each party's contribution?
3. What does each party receive for its contribution? Ownership of film? Interest in proceeds? Recoupment of investment? Distribution Rights for designated media in one or more territories?
4. What are expectations of parties? Are these expectations realistic?
5. Which partner will have primary responsibility for producing the film? What approvals will the other party have? How will disagreements be resolved? Who will disburse production funds? Who will sign checks? What if production goes over budget. Will there be a completion bond? Who will pay for any over budget items?
6. What if currency of one partner is devalued?
7. If co-production is dependent on government approval and receipt of benefits, what are the precise requirements for eligibility? Are they met? If certain elements must be meet nationality or residence requirements, what are those requirements? Is local content required? How is it defined? Who decides and when?
