Printable PDF verion - Writers Guild of Canada
Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada
) Distributors’ Gross Revenue shall also mean all monies received bythose Distributors with which the Producer has entered into adistribution agreement (the “Head Distributor”) in respect of theproduction.The Distributors’ Gross Revenue shall also include all monies receivedby sub-distributors which:i) are Related Persons to, or which do not have an arm’s lengthrelationship with, the Producer or the Head Distributor, or,ii) have an obligation to report and remit Revenue directly to theProducer or Head Distributor.c) Sale revenues (including pre-sale revenues, i.e. sales made prior toproduction) shall be included in Distributors’ Gross Revenue. A salemeans the grant, to an end user, of a licence or rights to utilize aProduction, for consideration. Distribution Advances, i.e. advancesreceived by a Producer from a Distributor, shall not be included inDistributors’ Gross Revenue for the purpose of triggering the paymentof Distribution Royalties to Writers; however, a Distributor shall not beentitled to deduct the amount of the Distribution Advance from theDistributors’ Gross Revenue for the purpose of calculating theDistribution Royalty. Monies received by Distributors pursuant toArticle C1103b) above shall be considered Distributors’ GrossRevenue whether or not the Distributor has recouped its DistributionAdvance.d) Notwithstanding the foregoing, Distributors’ Gross Revenue derivedfrom the sale or rental of Compact Devices (excluding any secondaryuse) shall be deemed to be equal to twenty percent (20%) of thewholesale selling price of such Compact Devices, provided that in theevent that the wholesale selling price is at or less than the typical sellthroughprice to wholesalers (currently $30 per unit), the deemedDistributors’ Gross Revenue shall be ten percent (10%).e) Packaging. It is acknowledged by the parties that distributors may seekto diversify their risks by packaging more successful and lesssuccessful productions. Where productions are packaged together forthe purposes of distribution, the parties shall allocate the revenue102
attributable to each individual production, subject to the right of theGuild to refer any difference to Arbitration under Article A5.f) Official Treaty Co-Productionsi) While Distributors’ Gross Revenue includes revenue from allsources on a world wide basis, in respect of Official Treaty Coproductionscertified by Telefilm Canada or by any successororganization, the Distributors’ Gross Revenue shall be:a) all those revenues derived from the distribution of the OfficialTreaty Co-production in those territories to which the Canadianco-producer is exclusively entitled to distribution revenues andhas no obligation to report or remit revenues to the foreign coproducer;b) a proportion of those revenues derived from the distribution ofthe Official Treaty Co-production in those territories in whichthe Canadian co-producer is entitled to distribution revenues onsome shared basis with its foreign co-producer, which proportionshall be equal to that proportion of revenues agreed by the coproducersto be paid to the Canadian co-producer from suchterritories (the Canadian Share). The Canadian Share shall be noless than the percentage of the total amount of the productionbudget financing derived, directly or indirectly, from anyCanadian source(s).ii) Prior to production, the Producer shall disclose the production’sstatus or intended status as an Official Treaty Co-production to theGuild and will provide the following information to the Guild:a) the name and legal status of the co-producers;b) the details of the agreement between or among the co-producersin respect of the manner in which the revenues from the OfficialTreaty Co-production will be divided between (or among) them,including details of territories to which either co-producer isexclusively entitled to distribution revenues and has noobligation to report or remit revenues to the other, and anymaterial amendments to the agreement in such respect; and103
- Page 58 and 59: Pilot, etc.) or $2,000 per episode
- Page 60 and 61: mutually agreed upon by the parties
- Page 62 and 63: not included in the Script. One Pol
- Page 64 and 65: B113a) Where a Writer originates in
- Page 66 and 67: c) Should the Producer wish to cont
- Page 68 and 69: ii) what the development format is
- Page 70 and 71: SECTION C - ADDITIONAL CONDITIONS A
- Page 72 and 73: C117 Documentary Feature Film Polis
- Page 74 and 75: paid as follows:a) on signing of th
- Page 76 and 77: v) All or part of the Script Fee an
- Page 78 and 79: ARTICLE C3 - TELEVISION PRODUCTION
- Page 80 and 81: ) based on a Story or Screen Story
- Page 82 and 83: C404 Story or Screen Story2012 2013
- Page 84 and 85: a) based on a Story or Screen Story
- Page 86 and 87: 60 minutes or less 3,810 3,886 3,92
- Page 88 and 89: C510i) on signing of the contract 1
- Page 90 and 91: ORb) twenty percent (20%) of the Wr
- Page 92 and 93: C604 Contributing WritersFor each i
- Page 94 and 95: ARTICLE C7 - TELEVISION MAGAZINE SH
- Page 96 and 97: 3 minutes orlessEachadditionalminut
- Page 98 and 99: ) Script Fees:For each Script on wh
- Page 100 and 101: ARTICLE C9 - TELEVISION CONTINUITYW
- Page 102 and 103: iv) when the program has grossed ov
- Page 104 and 105: C1005 Production FeeOn the first da
- Page 106 and 107: $10,500,000 ($231,825 plus 2% of $5
- Page 110 and 111: c) evidence, satisfactory to the Gu
- Page 112 and 113: SECTION D - OTHER PRODUCTION: SPONS
- Page 114 and 115: ARTICLE D3 - DISTRIBUTION AND USE R
- Page 116 and 117: g) All EducationalWorldh) All of th
- Page 118 and 119: ARTICLE E2 - DEFINITIONSThe followi
- Page 120 and 121: E304E305E306E307E308Grievance Proce
- Page 122 and 123: E404E405E406E407Subsequent WriterIf
- Page 124 and 125: ANIMATION SECTIONThis section is se
- Page 126 and 127: 110 Prior to contracting an Animati
- Page 128 and 129: 123 No purely oral agreement shall
- Page 130 and 131: 205 Collective Society means a soci
- Page 132 and 133: contribution to a Final Script; pro
- Page 134 and 135: ii) on delivery of the material 75%
- Page 136 and 137: 503 Deduction From Animation Writer
- Page 138 and 139: to Article 807, the Producer shall
- Page 140 and 141: 902 A Grievance is defined as a dif
- Page 142 and 143: 912 The Association’s representat
- Page 144 and 145: 920 Arbitration. Within two (2) wee
- Page 146 and 147: Association des Producteurs de Film
- Page 148 and 149: LIMITATION OF NUMBER OF WRITERS1009
- Page 150 and 151: DUTY OF PRODUCER TO NOTIFY1018 No l
- Page 152 and 153: 1025 The Guild shall forward notice
- Page 154 and 155: 1034 The decision of the Arbitrator
- Page 156 and 157: c) the Producer and the Guild are n
) Distributors’ Gross Revenue shall also mean all monies received bythose Distributors with which the Producer has entered into adistribution agreement (the “Head Distributor”) in respect <strong>of</strong> theproduction.The Distributors’ Gross Revenue shall also include all monies receivedby sub-distributors which:i) are Related Persons to, or which do not have an arm’s lengthrelationship with, the Producer or the Head Distributor, or,ii) have an obligation to report and remit Revenue directly to theProducer or Head Distributor.c) Sale revenues (including pre-sale revenues, i.e. sales made prior toproduction) shall be included in Distributors’ Gross Revenue. A salemeans the grant, to an end user, <strong>of</strong> a licence or rights to utilize aProduction, for consideration. Distribution Advances, i.e. advancesreceived by a Producer from a Distributor, shall not be included inDistributors’ Gross Revenue for the purpose <strong>of</strong> triggering the payment<strong>of</strong> Distribution Royalties to <strong>Writers</strong>; however, a Distributor shall not beentitled to deduct the amount <strong>of</strong> the Distribution Advance from theDistributors’ Gross Revenue for the purpose <strong>of</strong> calculating theDistribution Royalty. Monies received by Distributors pursuant toArticle C1103b) above shall be considered Distributors’ GrossRevenue whether or not the Distributor has recouped its DistributionAdvance.d) Notwithstanding the foregoing, Distributors’ Gross Revenue derivedfrom the sale or rental <strong>of</strong> Compact Devices (excluding any secondaryuse) shall be deemed to be equal to twenty percent (20%) <strong>of</strong> thewholesale selling price <strong>of</strong> such Compact Devices, provided that in theevent that the wholesale selling price is at or less than the typical sellthroughprice to wholesalers (currently $30 per unit), the deemedDistributors’ Gross Revenue shall be ten percent (10%).e) Packaging. It is acknowledged by the parties that distributors may seekto diversify their risks by packaging more successful and lesssuccessful productions. Where productions are packaged together forthe purposes <strong>of</strong> distribution, the parties shall allocate the revenue102
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