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Archive for the ‘O que e Bollywood?’ Category

O cinema indiano não é só Bollywood, ao contrário do que muitos pensam. Enquanto a Índia produz anualmente quase mil filmes, Bollywood é responsável por cerca de 400 a 500 filmes desse total, ou seja, perto da metade. E então onde é feita a outra metade dos filmes lançados na Índia todos os anos?

Pra começar, é muito importante que se saiba que oficialmente há na Índia mais de vinte línguas. Basicamente, cada um dos 28 estados indianos possui uma língua própria, com cultura própria. E daí então começamos a entender como é que a produção cultural do país se divide.

Bollywood é exclusivamente a indústria de filmes em língua hindi, língua essa que é falada em alguns estados do norte da Índia, incluindo Nova Delhi. Como o norte da Índia é o que possui a maior densidade populacional do país, o hindi é então a língua falada por mais pessoas por lá, o que em parte justifica a maior fama de Bollywood. Mas uma curiosidade interessante é o fato de Bollywood estar sediado em Mumbai, capital do estado do Maharashtra, cuja língua é o marathi, não o hindi. Mas sendo Mumbai a capital financeira do País, onde tradicionalmente a elite indiana se estabeleceu, foi lá que Bollywood foi buscar suas bases, pra nunca mais sair.

Mas a segunda mais importante indústria de cinema da Índia é Kollywood, baseada em Chennai, capital do estado do Tamil Nadu, cuja língua é o tamil. A importância da indústria tamil não está somente na quantidade de filmes lançados por ano (cerca de 200 a 300 produções), mas também no orçamento de suas grandes produções e na qualidade de alguns de seus cineastas. Hoje em dia, é comum Bollywood realizar refilmagens de produções de Kollywood, além de diretores tâmeis serem escalados pra trabalharem em produções de Bollywood. Ou então, outra coisa que vem sendo cada vez mais comum é a filmagem concomitante de um mesmo filme em hindi e em tamil, já que na Índia não há o costume de legendas. O ganhador do Oscar de melhor trilha sonora e melhor música pelo filme Slumdog Millionaire (2008), A.R. Rahman, é atualmente o mais importante músico do cinema indiano, tendo na verdade surgido em Kollywood. Mas hoje, mesmo antes da fama internacional, um filme de Bollywood com trilha sonora de Rahman é absolutamente sinônimo de sucesso pro filme.

Mas não paramos por aqui. A Índia ainda possui algumas outras indústrias significativas de produções cinematográficas. Em terceiro lugar em número de produções temos Tollywood, a indústria de língua telugu, do estado do Andhra Pradesh, vizinho ao Tamil Nadu. Em seguida temos Sandalwood, a indústria em língua kannada, do Karnataka, e Mollywood, a indústria malayalam, do estado do Kerala. Essas quatro indústrias citadas correspondem aos quatro estados do sul da Índia e que representam o maior contraponto a Bollywood. Em muitas cidades dessa região, por exemplo, nenhum filme de Bollywood é exibido; o povo assiste somente os filmes realizados em suas próprias línguas.

E saindo do sul do país, no próprio Maharashtra, onde fica Bollywood, temos a tímida e reprimida indústria de cinema marathi, que acabou fincando bases na cidade de Pune, a segunda mais importante do estado. Lá pro leste da Índia temos o que talvez seja o maior celeiro de produções do cinema paralelo indiano, ou seja, o cinema de arte, no estado do West Bengal. Nativos da língua bengali, o estado cuja capital é Calcutá viu nascer dali mestres do cinema mundial, como Satyajit Ray, na década de 50. E o legado de Satyajit perdurou décadas, contaminando diretores contemporâneos bengaleses, como Rituparno Ghosh e Aparna Sen. Outro importante celeiro de filmes de arte é o já citado estado do Kerala.

Por fim, há também o estado do Punjab com seu Punjwood, no noroeste do país, fronteira com o Paquistão. Os filmes punjabi, embora poucos se comparados com o restante da produção do país, são ainda expressivos no contexto da produção cultural do estado.

O restante dos estados e das línguas faladas por vezes em pequenas comunidades escondidas são também fontes de produções cinematográficas, mas não chegam a se caracterizar como indústrias.

Para mais informações sobre cada uma das indústrias citadas, clique aqui.

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India’s Productions Laws

Information provided by Film and Televisions Producers Guild of India. Also, a good resource is National Film Development Corporation, Ltd. http://www.nfdcindia.com/filming_in_india.php

Please note that we are not providing legal advice with the information provided below. Before shooting in India or in any country, please consult a legal representative or contact the government’s film department for assistance.

Indian Consulate in Sao Paulo
Av. Paulista, 925, 7 andar
01311-100, Sao Paulo, SP Brasil
tel: 11-3171-0340 / 41
fax: 11-3171-0342

Traveling to India

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Guidelines For Shooting Of Feature Films:
Partly or Wholly In India By Foreigners

  • Proposals regarding shooting of TV/Movie feature film are processed in the Ministry of Information and Broadcasting, Government of India. Proposals may be sent either directly or through Indian Missions abroad.
  • It is only on the recommendation of this Ministry that other Ministries provide facilities to the film units. Proposals regarding shooting of documentary films are to be sent to the Ministry of External Affairs.
  • Four copies of the detailed shooting script along with its synopsis should be submitted for approval. In case any living personality is portrayed in the film as a character, the ‘No Objection’ from that personality or his/her legal heirs should be obtained and a photocopy of the same should accompany the script.
  • In case of a co-production, the detailed agreement between the Indian and foreign party indicating clearly the role of each party-its responsibilities and liabilities ? is required to be furnished for specific clearance.
  • Detailed particulars of the members of the filming team including the number and validity dates of their passports, country of issuance of passport, nationality, permanent and temporary addresses etc., the team’s itinerary into Indian on temporary basis should be furnished to the Ministry of Information and Broadcasting for specific clearance at least one month in advance.
  • On the basis of the scrutiny of the script and other details of the proposal, approval of the proposal will be given by the Ministry of Information and Broadcasting subject to certain procedural regulations detailed below. It takes nearly 10-12 weeks to convey to give a formal undertaking (given below) about adhering to these requirements.
  • The film should be shot according the script as approved by the Government of India. In case any material deviation is considered necessary, prior permission of the Government of India (Ministry of Information & Broadcasting) should be obtained.
  • All shooting should be done in the presence of a Liaison Officer who will be provided by the Ministry of Information and Broadcasting. Besides helping the team in obtaining local permissions etc., the Liaison Officer’s duties include ensuring that nothing detrimental to the image of India or the Indian people is shot or included in the film. Should any disagreement arise in the respect, the matter is to be refereed to the Ministry of Information and Broadcasting, whose decision will be final. The Liaison Officer will travel and stay with the filming team.
  • Shooting on locations in India will be subject to permission being granted by respective controlling authorities. Request for such permission may, however, be routed through the Ministry of Information and Broadcasting.
  • In case assistance is required to be provided by the Ministry of Defence, Education etc., separate agreement as stipulated by these Ministries will require to be signed with them. Requests for such assistance may be routed through Ministry of Information and Broadcasting.
  • The completed film wherein assistance by Armed Forced has been rendered should be shown to the Ministry of Defence for clearance before its release for public exhibition. This is apart from the requirements mentioned below.
  • The producer will have to observe all rules and regulations relating to Import/Export and Foreign Exchange in connection with shooting of the film.
  • The exposed film /rushes will be dispatched out of the country as cargo andnot as part of the baggage.
  • The completed film should be shown to a representative of the Government of India in India or in Indian Mission abroad before its release anywhere in the world. In case it is proposed to show the film to any Indian Mission abroad, the Mission should be specified in advance in the undertaking to be given by the producer.
  • Where expenditure in foreign exchange on the part of Indian co-producer is involved, he is required to give a bank guarantee for repatriation of two times of the foreign exchange to be released and equal to the amount Involved in foreign collaborators, technicians/artistes etc., in India.
  • For release of foreign exchange, the Indian co-producer will have to approach Ministry of Information and Broadcasting giving full details of the film crew visiting from abroad, number of days for which shooting will take place and breakup of the estimated expenditure to be incurred in foreign exchange.
  • The foreign collaborator is not allowed any remittance of commission related either to box office receipts or profits or exhibition of the film in India .

Source: http://www.filmtvguildindia.org/ftv/index.php?page=disp2

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FORM OF UNDERTAKING Date:
Place:
To,
The Secretary,
Ministry of Information and Broadcasting,
Government of India, New Delhi INDIA

Subject:


Sir/Madam,
With reference to the Ministry of Information and Broadcasting’s letter No______ dated_______, we hereby give the following undertakings:

  • Shooting of the film will be done in locations in India in accordance with the script as approved by the Government of India. If we consider any material changes are necessary in the script, we shall obtain the prior approval of the
    Government of India for such changes
  • We shall furnish the detailed particulars of the members of the shooting team and the exact locations where the shooting would take place in India at least one month in advance of the arrival of the team in India . We note that prior approval of the Government of India is necessary for the composition of the team and for the fixing of locations for shooting.
  • We note that in the case of assistance to be obtained from other Ministries such as Defence, Education, etc., separate agreements as stipulated by these Ministries, are required to be signed with them.
  • We shall shoot the film only in the presence of a Liaison Officer to be attached to the team by the Ministry of Information and Broadcasting.
  • We accept that part of the Liasion Officer’s duty will be to ensure that nothing detrimental in the depiction of India or the Indian people shall be shot or included in the film. In the event of any disagreement arising between the team and the Liaison Officer in this respect, the matter will be immediately referred to the Ministry of Information and Broadcasting, whose decision will be final.
  • We undertake to show our completed film to the representatives of the Government of India in India/ the Indian Mission in*-(*Name of the country)- for scrutiny and we further undertake to delete and destroy the portions of the film that may be found objectionable on such scrutiny by the Government of India, before the film is utilized for public exhibition anywhere in the world.
  • After shooting of the film is completed in India , we shall provide, in duplicate, to the Ministry of Information and Broadcasting a narrative report about the details of shooting done in India .

Archaeological Survey of India
(For Filming At Protected Monuments)

Archaeological Survey of India, an attached office of the Department of Culture, Government of India, protects and maintains about 5000 monuments/archaeological sites scattered in different geographical zones of the country. With a view to propagate the rich cultural heritage of the country, Archaeological Survey of India issues licences for filming protected monuments and Archaeological sites of national importance. Foreign national who intend to make documentary/feature films, with or without cast as the case may be, have to obtain official clearance from the Publicity Wing of the Ministry of External Affairs and the Ministry of Information and Broadcasting of Government of India respectively.

Procedures/Formalities
1 Every person intending to undertake filming at a protected monument / site has to apply to the Director General ASI at least three months before the proposed date of commencement of filming.

Documentaries:

For filming documentaries (Video Film/cinematographic Film) in centrally protected monuments /sites by professionals and other agencies licence fee of Rs. 5000/- is charged per monument/site. (Bank a Demand Draft to be obtained in the name of Director General, Archaeological Survey of India, New Delhi .) If the commercial documentary involves cast, if any, besides licence fees Rs. 10,000/- is to be deposited in the General Post Office as security pledge to the President of India and the pass book has to be submitted to the Director General’s office. If any person intends to undertake video filming from exterior of a centrally protected monument / site listed under second schedule for non-commercial and does not involve any cast and use of a stand, a fee of Rs. 25/- is charged at booking counters available in such monuments.

FEATURE FILMS:

If any person/professional/agency/company intends to shoot a commercial feature film which involves cast at centrally protected monuments/ sites besides licence fees of Rs. 5000/- per monument, security deposit of Rs. 10,000/- needs to be pledges to the President of India in the General Post Office and the Pass book is retained in the Office of the Director General A.S.I. Pass book shall be returned for release of security deposit from the concerned post office immediately after the receipt of “No Damage Certification” in respect of the Site/Monument from the concerned Superintending Archaeologist of the Circles and on receipt a VHS copy (free of cost) of the portion of the film shot at the monument/site from the party. Licences granted by the Director General ASI are subject to the following conditions.

  • Licence shall not be transferable and shall be valid for the period specified therein.
  • The filming operation shall be restricted to that part of the monument in respect to which the licence has been granted .( c) The filming operation shall not obstruct or hamper the movement of persons who may lawfully be within the precincts of the monument and any other condition which the Director General ASI may specify in the licence. All correspondence relating to issue of licence shall be addressed to:- The Director General, Archaeological survey of India , Janpath, New Delhi-110001 India.
APPLICATION FOR LICENCE OF FILMING OPERATION AT PROTECTED MONUMENT(S) (UNDER RULE 43)

  1. Name of the applicant and address: _________________________________________
  2. Name of the monuments at which the proposed filming operation is to be carried out: ____________________________________________________________________________________________________
  3. Locality: ____________________________ District: _______________ State: _____________________
  4. Part of the monuments proposed to be filmed: ______________________________________________________
  5. Nature and purpose of the filming operation and the context in which the monument is proposed to be filmed (relevant extract of the script should be attached in triplicate and details of the scenes to be filmed should be furnished in triplicate): ______________________________________________________________________________________________________
  6. Number of persons in the cast: __________________________________________________________________________
  7. Approximate duration and date of commencement of proposed filming operation: _______________________________________________________________________________

I declare that the above information is correct. I also undertake to observe the provisions of the Ancient Monument and Archaeological Sites and Remains Act, 1958, and the Rules made thereunder.

Seal of the Organisation

Station:

Signature of the Applicant

Date:

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Brasil’s Productions Laws

“Brazil offers significant comparative advantages in terms of production costs, especially with regard to below-the-line expenses (non-starring cast members, technical crew, studio, technical equipment, travel, etc). Brazilian legislation makes it easy for foreign producers to make films in the country. Restrictions are limited to the basic regulatory norms enforced by all countries concerning the entry of foreigners into the country, plus the requirement that foreign firms establish a link with a Brazilian producer. It is not difficult to bring filming equipment into the country — it is subject only to the registration procedures required by customs authorities worldwide.” — Jose Wilker, a professional actor (Bye Bye Brazil), is currently president of RioFilme (Rio de Janeiro’s Film Bureau)

Please note that we are not providing legal advice with the information provided below. Before shooting in Brazil or in any country, please consult a legal representative or contact the government’s film department for assistance.

Read ANCINE’s guidelines. / Film in Brazil Website

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PRACTICAL INFORMATION FOR FOREIGNERS WHO COME TO FILM IN BRAZIL

The first step to be taken by the foreign staff that desires to film in Brazil is to make a partnership with a Brazilian producing company who has register in ANCINE (Agência Nacional do Cinema – Brazilian Government Agency responsible for the regulation of the audiovisual in the country) to carry through audiovisual work (see the list in Registered Companies, under REGISTER/SERVICES in the inferior left corner of the home page of this site). That’s the company that will decide, directly with the Agency, all the questions referring to the authorization for the filming.

After that, the Brazilian producing company responsible for the services in the country must send a FAX to ANCINE requesting the authorization for filming with the data below. This order must be signed by the legal representative of the company being obligator, the posterior sending for the post office of the original request:

  1. Name and address of the Brazilian company;
  2. Name and address of the foreign company or legal responsible for the enterprise;
  3. Name, number of the passport and function of the foreign technician;
  4. Name and DRT number of the contracted Brazilian technician;
  5. Heading of the audiovisual work;
  6. Subject of the work to be filmed (in the case of advertising work, it must consist the product, the client and the agency that ordered the work);
  7. Period when the filming will be carried through;
  8. Place where the filming will be made;
  9. To indicate the Brazilian rank in the exterior to which the ANCINE will have to direct its agreement with the coming of the foreigners who will participate in the filming.

The Brazilian producing company contracted will communicate to ANCINE its interest and responsibility on the act of making a film, recording, caption of images or partial or full production and to the adaptation, by means of petition in the form of the Attached I, followed of the following documentation: copy of the contract firmed between the foreign producing company, or legal responsible for the enterprise, and the Brazilian producing company, of which consist the reciprocal responsibilities, the form of remuneration accorded and the period of validity of the instrument; copy of the translation of the contract foreseen in the paragraph “a”, when the language of the instrument is not Portuguese; copy of the order of visa for the staff that will carry through the works in Brazil , when there is it, firmed by the foreign company, or legal responsible for the enterprise, together with the Brazilian diplomatic representation in the native country of the production; letter of the Brazilian producing company with the indication of the diplomatic representation for where they will be forwarded the order of visa adjusted for the foreign staff; list of the material and equipment that must enter in the country for the accomplishment of the works, so that its temporary importation can be released; copy of contracts of rendering of services of the Brazilian staff; plan of production with indication of the places in the Brazilian territory where there will be made the shootings or recordings.

If the technician and artists of the Brazilian staff, cited at paragraph “f”, are employers of the Brazilian producer, at the professions foreseen at Law no. 6.533, of 24 of May of 1978, regulated for the Decree no. 82.385, of 5 of October of 1978, the producing company is excused to present the contracts of rendering of services, assuming the obligation to prove the employment bond.

If the contracted Brazilian company has in its board professional registered at the function of cinematographic technician, this register, annexed to the copy of the signed wallet of work, substitutes the employment contract.

The Brazilian company also has to inform, in the request of the authorization for the filming, the contact of the Consulate or Embassy of Brazil in the native country of the foreign staff, with the name of the Consul or Ambassador and their numbers of telephone and fax.

OBS : Must be given attention to the contracted number of Brazilian technician for the filming. For each three foreigners who come to Brazil , one Brazilian technician must be contracted. The responsible partner of the contracted Brazilian company is considered as one of the technician. After receiving the request of the Brazilian producing company and the conference of the documentation, the ANCINE directs to the Brazilian Consulate where the foreign staff made the order of temporary visa, a fax authorizing the shooting.

It is also sent, by fax, a copy of the authorization for the solicitant Brazilian producer.

Any alteration in the development conditions of the works in the domestic territory must be previously communicated by the responsible Brazilian company, in the form of Annex II, and in special: alteration of the localization of the Brazilian diplomatic representation for the receiving of employment temporary visa of the foreign technician and artists; Inclusion of foreign technician and artists; Extension of the period of temporary permanence of the foreign technician and artists; alteration of the recordings or filming places; Cancellation of the authorized activity.

Source: www.ancine.gov.br

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OTHER DETAILS

Filming Done Directly by a Foreign Production Company

If the amount of production in Brazil will be minimal (if, for example, a music video is being filmed), or if for other reasons a foreign production company does not wish to enter into an agreement with a Brazilian production company or establish itself in Brazil, the filming can be done directly by the foreign production company. In such a case, some tax benefits will be unavailable, and the production company is responsible for meeting all legal requirements (including obtaining work visas and permissions to film) and arranging for logistical support (hotels, equipment, etc.).

International Coproduction with a Brazilian Company

Coproduction is a generic term that covers a variety of production arrangements between two or more companies undertaking a film, television or video project. International coproduction refers to a coproduction between two or more organizations from different countries. As the costs of production have risen, international coproductions involving local production companies have become common in the global film, video and television industry. While foreign companies can often provide much needed financing, technical expertise and access to worldwide distribution networks, local companies can provide knowledge of the local culture and customs, as well as assistance with logistical matters. In addition, international coproductions provide an economic benefit to the country where production occurs, strengthen the country’s film production and distribution sector and will also likely increase distribution of the film within that country. In many cases, an international coproduction can receive legal and tax benefits afforded to domestic productions.

Service Agreement with a Brazilian Production Company

A foreign company can opt to produce a film by engaging the services of a production company in Brazil, this will make it easier to navigate through bureaucratic hurdles and accelerate the production start up, while retaining complete control over the production itself. Because of its experience producing films in Brazil, a Page 4 4 local production company will be able to assist with obtaining necessary production equipment and with meeting legal requirements, such as obtaining visas for foreign cast and crew members, and will also be able to provide useful assistance with logistical support, including equipment rentals, transportation, lodging, catering, and other services. In addition, the Brazilian producer or production company brings a knowledge of local customs, culture and locations as well as of local creative personnel, artists, actors and crew members necessary for the production.

Joint Venture with a Brazilian Production Company

Another option is entering into a joint venture with a Brazilian production company. A joint venture is an enterprise entered into by two or more entities, in this case the foreign producer and an independent producer in Brazil, for profit, for a limited purpose, in this case the production of a film or video. There is no need to establish a new organization in order to form a joint venture: The joint venture does not have a legal status separate from its participants; the participants contract rights and obligations individually for the common benefit of the group. A joint venture agreement is a simple contract that clearly defines all of the obligations and rights of the parties. These obligations may be more than financial: Depending on the structure of the joint venture agreement, the parties may contribute specified services, production equipment or other capital. Services may include production services, administrative services, logistical support, provision of technical know-how, governmental relations, obtaining financing, or direction of the enterprise’s commercial activity. A joint venture provides great flexibility and can involve various arrangements from a straightforward co-financing arrangement where one party provides partial funding while another undertakes the actual production, to more complex arrangements that involve joint creative control over the project. When the production is completed, the joint venture is terminated. The involvement of a local, Brazilian production company provides the joint venture with valuable local knowledge and tax benefits unavailable to a foreign production company working alone.

Investment in Brazil: Foreign Capital and the Exchange Market

Whether a foreign entity is filming a production in Brazil or investing money in (or providing other assets to) a Brazilian production company, capital invested in the project will be governed by Brazilian law. Foreign capital, defined as either (1) “funds brought into the country to be used in economic activities,” or (2) “any goods, machinery and equipment that enter Brazil … and are intended for the production of goods and services,” is governed by Laws 4.131 (the Foreign Capital Law) and 4.390, of September 3, 1962 and August 29, 1964, respectively. Both laws are regulated by Decree 55.762 of February 17, 1965, as amended. To remit funds to and from Brazil, a foreign investor must convert the foreign currency into reais through a Brazilian financial institution by means of a foreign exchange transaction. These transactions must comply with Brazilian foreign exchange regulations. The exchange markets in Brazil are subject to Central Bank of Brazil rules, and operate with floating exchange rates. The most common markets are the commercial floating exchange rate market and the “tourism” floating exchange rate market. The commercial exchange market is restricted to transactions that in certain cases require the prior approval of, and/or registration with, the Central Bank, while the tourism exchange market is open to transactions that do not require any approval from monetary authorities. There are both direct and indirect investment options in Brazil. Direct investment is made by acquiring equity in an existing Brazilian company or by creating a corporate entity in Brazil. Indirect investments are those made in the financial and securities markets. While no preliminary official authorisation is required for remittances of funds into Brazil, the law requires that direct foreign investments be registered with the government by the foreign investor or the Brazilian company within 30 days. Only when registration is complete is the foreign investor permitted to remit profits and dividends abroad or to repatriate foreign capital invested in Brazil.

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TAX SYSTEM AND LABOUR LAWS IN BRAZIL

The basic aspects of the Brazilian tax system were established by the Federal Constitution of 1988, which distributed power to levy and collect taxes between the Federal Government, States, the Federal District and Municipalities.

Federal Taxes

The basic rate of taxation on income or corporate profits (including capital gains) as adjusted for tax purposes is 15% with an additional surtax of 10% on taxable profits exceeding R$ 240,000 (approximately US$ 80,000) per annum.

Relevant State and Municipal Taxes

ICMS is the main state tax. It is imposed on operations related to the circulation of goods, including importation, interstate and intermunicipal transport and communication services. The average rate is 18%. ISS is a municipal tax levied on the rendering of certain services. The average rate is 5%.

Social Contributions

In addition to taxes, there are a number of monthly contributions employers in Brazil must make:

  • the Contribution to the Social Integration Programme (PIS) (1.65% of net sales);
  • the Social Contribution on Profit (CSSL) (9% of taxable profit);
  • the Social Contribution on Billing (COFINS) (3% of net sales);
  • the Social Security Contribution (INSS) (20% of employer payroll (employee must also contribute an average of 9% his/her salary)); and
  • the Provisional Contribution on Financial Transactions (CPMF) (0.38% of most financial transactions).

Labour Law in Brazil

Brazilian labour legislation is essentially regulated by Law-Decree 5.452 of 01 May 1943, the Consolidacao das Leis do Trabalho (CLT). Promulgated during a period when the government strictly regulated employment relationships, the CLT took some autonomy away from the parties involved in employment relations.

According to Article 443 of the CLT, employment agreements can be either written or implied, but certain basic employee rights and employer obligations (such as minimum compensation, severance pay, and vacation) are prescribed by law. Once the employee has been hired, the employer is legally required to follow these labour regulations, they cannot be negotiated between the parties. (The Brazilian judiciary has, however, demonstrated a tendency in recent judgements toward accepting more flexibility in the employment relationship.)

The current minimum wage in Brazil is R$ 240 (approximately US$ 80) per month. Note that it is possible to hire temporary workers, through an employment agency, with no direct employer- employee relation.

Financial Incentives for Producing Films in Brazil

Two tax initiatives implemented by the Brazilian government have stimulated the development of the country’s film industry by creating tax incentives that make investments in film productions more attractive to the private sector. International coproductions allow foreign entities to participate in Brazilian film, television and video projects and to receive the benefits of these tax policies. It is important, however, that foreign entities interested in participating in Brazilian productions first retain an advisor thoroughly versed in Brazilian and international tax law in order to obtain the maximum benefit from the new tax policies.

Lei do Audiovisual (AudioVisual Law)

The “AudioVisual Law” (Federal Law 8.685/93, modified by Provisional Law 2228/01, and further regulations), allows individuals and corporations to invest a portion of their income tax (3%), as deductible expenses, with a limit of 3 million reais per project, in Brazilian film, television or video projects, thus offering the possibility of making a profit with no risk. In other words, individuals and corporations have the option of paying their taxes to Brazil’s Ministry of Finance or investing a percentage of these taxes in a film. In order to qualify for investments under the AudioVisual Law, the project must have received prior approval from the Brazilian National Agency of Cinema (ANCINE).

In addition, Article Three of the AudioVisual Law allows foreign film distributors in Brazil to invest up to 70% of any tax due on earnings, profits or other payments in Brazilian film productions (the subsequent production(s) must have received prior approval from ANCINE).

The AudioVisual regulations also provide for a total exemption from the CONDECINE (Contribuicao para o Desenvolvimento do Industria Cinematografica – Contribution for the Development of the Cinematographic Industry). The CONDECINE is a 11% tax on all royalty payments (including copyright) remitted abroad. The exemption applies only if the foreign entity has invested at least 3% of its total investment in Brazilian film projects. In May 2003, this benefit was extended to cable television companies for international programs produced in Brazil and to international coproductions involving a Brazilian company. Additional tax incentives are available in many Brazilian states and cities.

Lei Rouanet (Rouanet Law)

The Rouanet Law (Federal Law 8313/91 and Decree 1494/95), gave individuals and corporations — for the first time in BrazilÕs history – a tax credit for investments in the cultural field. The law provides for an income tax reduction of up 4% for companies (6% for individuals) that either sponsor or make a donation to a Brazilian film, television or video production. The reduction is based on the total amount provided to the production. The donation or sponsorship must comply with the National Program of Cultural Support and the production must have received prior approval from Cultural Ministry (or ANCINE for short length movies). In addition, it is also possible for entities to add up to 40% of any donation made to a qualifying Brazilian production, or up to 30% of any sponsorship of a qualifying production, to their operating expenses, thus increasing the entityÕs operational expenses deduction.

International Treaties and Agreements

Brazil has film coproduction treaties with Argentina, Canada, France, Germany, Italy, Portugal and Spain. In addition, on November 11, 1989, Brazil, Argentina, Colombia, Cuba, Ecuador, Nicaragua, Panama, Venezuela, Peru, Mexico, the Dominican Republic and the United States signed the Acuerdo Latinoamericano de Coproducci—n Cinematografica (the Latin American Agreement on Film Coproduction). These treaties establish the terms which, when met, enable international coproductions to qualify for various types of governmental support, assuring that coproduced material is eligible for investor tax credits.

Legal Requirements for Film Production in Brazil

In order to produce films, videos or television programs in Brazil, certain legal requirements must be met: work visas must be obtained for any foreign cast or crew members from the Ministry of Labour (see item 8.1), permissions to film must be obtained from the proper authority(ies) (see item 8.2), and provisions must be made to import any required production equipment (see item 8.3).

Visas for Foreign Production Crews

Foreign citizens are permitted to engage in paid activities in Brazil provided that a work visa has been issued by the Ministry of Labour. The visa may be temporary or permanent, the duration will depend on the type of visa and on the activities. Temporary work visas are granted to foreigners wanting to working Brazil as an artist, athlete, scientist, professor, technician or other professional.

Foreign production companies unaffiliated with a Brazilian production company must apply directly to the Ministry of Labour for visas for members of their production crew and cast. Unfortunately, the procedure is bureaucratic and takes some time.

When a foreign production company is either affiliated with a Brazilian production company and/or employs a cast and crew of which 33% are Brazilian, visas for any foreign production crew or cast members can be obtained by the Brazilian company through ANCINE. The following information must be provided to ANCINE:

  • an outline of the film to be shot in Brazil;
  • name and address of the Brazilian associate;
  • names, nationalities, dates and places of birth, and passport numbers of crew members intending to travel to Brazil;
  • length of time required for filming;
  • date and place of arrival in Brazil;
  • date and place of departure from Brazil;
  • list of production equipment to be transported to Brazil.

After the necessary information is provided, ANCINE will provide an authorization to film in Brazil and will forward all necessary information to the Ministry of Foreign Affairs, which will then authorize the consulate(s) to issue the visas. The consulate will issue temporary work visas, the period of which can be expected to be compatible with the film production schedule.

Permission to Film

As noted above, when a foreign production company is associated with a Brazilian film company (or employs a cast and crew of which 33% are Brazilian), ANCINE provides both visas and an authorization to film in Brazil. Unaffiliated foreign production companies must not only apply to the Ministry of Labour for visas, they must separately apply to ANCINE for an authorization to film in Brazil.

In addition, all productions must obtain permission to film from local (state, city) authorities. Additional authorizations are required in certain specific circumstances. For example, in order to use a minor (under the age of 18) in a film production, it is necessary to obtain prior authorization from the Infants and Youngsters Court. Filming Native Americans requires prior authorization from the National Foundation of the Indian (FUNAI).

Temporary Importation of Production Equipment

While production equipment (cameras, lights, etc.) can be rented or purchased in Brazil, Brazilian law also authorizes the temporary importation of foreign equipment for a limited period. A company can bring their own production equipment, or rent equipment for a determined time abroad and bring it to Brazil, and pay import duties proportionate to the period of time the equipment will remain in the country.

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Brasil’s Film Commissions

Riofilme
Founded in 1992, Riofilme has played a fundamental role in the revitalization of Brazilian Cinema during the last decade, contributing greatly to the recovery of Brazilian film production and distribution, especially in the domestic market. Distinguishing itself as the company that exhibits the most Brazilian films released for the national market, since its inception, Riofilme has extended its activities to become much more than just a mere film distributor. The initiatives of supporting and expanding the exhibitors market, of stimulating the growth of the Brazilian Cinema’s domestic public and of encouraging the production of short, medium length, and feature films, among others, have shown it to be a unique institution that synchronizes its struggle to increase Brazilian Cinema’s domestic market share with constant cultural initiatives, aiming for greater long-term results.

Minas Film Commission ANCINE
The government of Minas Gerais created the Minas Film Commission in order to let you know all the advantages of filming in our State and find favorable conditions for your production. Filiated to the Film Commissioners International Association (AFCI), Minas Film Commission is an agency that offers free services, such as: supply detailed information about the local film production; production installment support; Minas Film Commission evaluates production problems and provides solutions; and supplies information regarding the licenses and necessary film production authorizations.

The Federal agency that registers and administers films in Brazil. http://www.ancine.gov.br

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Brasilian Studios

MegaStudios
One of the best production and post-production studios in Brazil with a wide range of modern equipment and facilities in Latin America. They can handle offline editing, film processing, 2d/3d animation, film restoration and work with both PAL and NTSC standards. This is just a few of their services.

Novos Estudios
Looking to rent huge or even small studio space? Novos Estudios and their family of companies has everything to meet your needs from studio space to Panavision camera rentals. A huge stock of cameras, lighting, and production equipment.

Brasilian Production Companies

CaradeCao Films
Both a production management company and producer, they manage productions from features to commerical work. Strong connections throughout the Brazilian film industry and helped build some of the first studios in Rio.

Utopia Films
With offices around the world, Utopia Films manages international productions. They handled the Rio production of Dhoom2.

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escute reporter Franthiesco Ballerini, do Jornal da Tarde, em Bollywood. (mp3)

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