Doing business with Brazil international@braziliantvproducers.com www.braziliantvproducers.com ABPI-TV: Brazilian Independent TV Producers Association created to foster the growth of the independent audiovisual industry in Brazil. It represents the independent producers on various policy discussions such as taxation, trade, copyright, broadcasting, among others. www.abpitv.com.br Apex-Brasil: Brazilian Trade and Investment Promotion Agency, partner of the Brazilian TV Producers program. Its mission is to promote and enhance the exports of Brazilian Products and Services, as well as to contribute to the internationalization of Brazilian companies and attract investments to the country. www.apexbrasil.com.br BTVP/Brazilian TV Producers: audiovisual content export program created by the Brazilian Independent TV Producers Association in partnership with Apex-Brasil, Ministry of Culture and EBC/TV Brasil. It has been promoting the independent audiovisual production abroad, enabling partnerships between Brazilian and foreign companies. Our goals are to promote new co-production opportunities and develop international partnerships for TV and new media producers. www.braziliantvproducers.com SAv/MinC: Audiovisual Secretariat of the Ministry of Culture, partner of the Brazilian TV Producers program. It has the mission of planning the film and audiovisual national policy and of setting general guidelines for the development of the audiovisual and film industry. www.cultura.gov.br EBC/TV BRASIL: The EBC public communications complex consists of TV Brasil, the public federal broadcaster network, broadcasting radios and a mews agency on the internet. TV’s Brasil programming consists of self-produced content, regional state televisions’ and from independent producers. Brazilian TV Producers’ partner. www.ebc.com.br / www.tvbrasil.org.br RIOCONTENTMARKET: International event created by ABPI-TV in 2011. The second edition in 2012 takes place in February 29, March 1st and 2nd, in Rio de Janeiro. The event showcases international multiplatform independent programming, encompassing broadcast, branding, animation, documentary, interactive games and television, VOD, as well as online and mobile content through a series of conferences, pitching sessions and buyer/seller meetings. www.riocontentmarket.com ANCINE: Brazilian Film Agency. It is in charge of regulating and fomenting audiovisual and cinematographic production in Brazil. It is also responsible for, among other things, approval of projects seeking tax incentives and the registration of co-production contracts. It is responsible for the first step towards new co-production deals with different countries. www.ancine.gov.br FILM BRAZIL: Export program created in partnership with Apex-Brasil (Brazilian Export and Investment Promotion Agency and MRE (Ministry of External Relations). Its purposes are to increment the exports of advertising production and promote Brazil as a production hub. FilmBrazil – The Advertising Production Network is composed for more than 50 Brazilian production companies and thousands of professionals, including sound and film production, rental stores and post-production. www.filmbrazil.com CINEMA DO BRASIL: Export program created in partnership of the Audiovisual Industries Union for the State of São Paulo with Apex-Brasil and Ministry of Culture. The goal is to increase the participation of the Brazilian audiovisual sector in the international market, offering strategic and logistical support to companies so that they can make co-productions and open markets for the distribution of their productions, thereby aggregating value to the image of Brazil’s film industry overseas. www.cinemadobrasil.org.br BRAZIL AT YOUR FINGERTIPS Brazil - Population 194,946,470 Greater São Paulo - Population 19,681,716 Greater Rio de Janeiro - Population 11,838,752 GDP $2,087 trillion (6th Largest Economy in the World) * Homes with TV Sets 95% Time Zone GMT -3 Standard Time Currency 1 US$ = R$ 1,60 (reais) *** Language Spoken Portuguese Internet Users over 75 million (4th largest in the world) * Broadband Users over 14 million (8th Largest in the World) * Sources: * World Bank Data 2011 - ** IBGE 2010 - *** Bloomberg * ** ** Brazil is a very creative country: its ideas, design and architecture are famous throughout the world. In the animation business, for example, Brazil has production companies that have original scripts and studios with high production capacity and presents cases of success with internationally known series exported to more than 150 countries. The country offers a wide range for production and location. A diversity of landscapes can be found: marvelous beaches, historic buildings, tropical forests, megacities and also a wide cultural variety once the Brazilian population is a mix of Europeans, Indians, Asians and Africans. The Brazilian market has several mechanisms to foster production and co-production of independent audiovisual content and also there have been activities to stimulate private investment in local industry. Most of these mechanisms result from tax incentives and they also may come from direct support funds, or bank funds or loans. Annually, the amount contributed by public mechanisms is of approximately R$250 million (about US$ 150 million). Most Brazilian producers use incentive mechanisms to finance their audiovisual works, but this is not a rule. To use incentive mechanisms, the work needs to be considered Brazilian in accordance with local laws. Brazilian producers must indicate at the beginning of the process that there is already a Brazilian TV station involved in the project. 1. Without using an international co-production agreement • Brazilian producer must have at least 40% of the rights over the work • 2/3 of artists and technicians must be Brazilian citizens or residents in Brazil for more than 3 years 2. Through an international co-production agreement negotiated between Brazil and other countries • Brazilian producer may have from 20% to 80% of the rights over the work • The rules on hiring technical artists can vary according to the provisions in each agreement • Resources regarding the Brazilian percentage do not have necessarily to be spent in Brazil. When such resources are sent to other countries, a 25% Income Tax must be paid. Countries with which Brazil has co-production agreements for television works: • Bilateral Agreements: Canada, Chile, Germany • Multilateral Agreement: Ibero American Cinematographic Integration Agreement (Argentina, Bolivia, Colombia, Cuba, Dominican Republic, Mexico, Nicaragua, Panama, Peru, Spain, Venezuela) N.B.: Brazil has agreements with several other countries for cinematographic works. Some examples of tax incentives: • Tax incentives from income taxes from International Companies: a discount on money owed to the government by an international company that must pay income taxes upon money sent out of Brazil. • Tax incentives from income taxes (Brazilian Companies or Persons): this law allows up to 3% of all income tax owned by a company or up to 6% of all income tax owned by a citizen to be used in the production of audiovisual works. The income tax does not have to be owned by a company from the audiovisual industry. Typically, the Brazilian producers will look for companies that pay large amount of income taxes (Oil, Electrical, Telcos, Airlines, Consumer good, etc) and convince them to use a part of their taxes to finance the project. • National Film Industry Funds (Funcines): closed funds managed by Brazilian financial institutions. A percentage of the amount invested in the acquisition of quotes of the National Film Industry Funds can be deducted from taxable income. • Audiovisual Sector Fund: different forms of operations, like non-reimbursable financial subsidy for specific cases, reimbursable loans to companies, total or partial subsidy of interest or other financial charges on financing operations; the budget for 2011 is of R$84 million (US$ 53 million). Recently a very important law was sanctioned by President Dilma Roussef, which will change the scenario of the TV industry in Brazil. The new law enables the Telcos to provide Pay-TV service in Brazil and also sets forth minimum mandatory shares for independent Brazilian production in Pay TV for the next 12 years. Dog Day School (animation) / Mixer Brazil / Canada - 26x11’ Extinctions (documentary) / Grifa-Gullane Brazil / Canada / France - 6x52’ Live to tell (documentary) / Conspiração Brazil / Latin America - 6x46’ My Big Big Friend (animation) / 2DLab Brazil / Canada - 52x11’ Peixonauta (animation) / TV PinGuim Brazil / Canadian distribution - 52x11’ Sea Princesses (animation) / Flamma Brazil / Spain / Australia - 104x12’ To shoot in Brazil, except for foreign journalistic productions, all others must hire or join a Brazilian production company that will make the prior communication with ANCINE. The notification can only be made by a Brazilian production company registered with the agency, which will be responsible for providing all documents and permissions for filming. The Brazilian producer not only acts as a representative of the foreign producer in the relationship with ANCINE but also ensures compliance with the law and matters relating to customs clearance of equipment, supporting the foreign company.