Printable PDF verion - Writers Guild of Canada

Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada

12.07.2015 Views

110 Prior to contracting an Animation Writer or Animation Story Editor,Producers outside Quebec shall sign a Voluntary Recognition Agreementfor Animation Production as follows on their own letterhead and forward tothe Guild. This Voluntary Recognition Agreement for AnimationProductions shall constitute a binding obligation by the Producer to theterms and conditions of the Animation Section of the IndependentProduction Agreement (see Schedule 1 of this Section).111 Except by prior agreement with the Associations, the Guild shall not enterinto any agreement with any Producer in independent production underterms more favourable to such Producer than those set forth in this Sectionand shall not permit Animation Writers or Animation Story Editors to beengaged under terms more favourable to such Producer than set forth herein.Any grievance arising out of a breach of this Article shall bypass JointStanding Committee stage and be heard by an Arbitrator.112 There shall be no discrimination against any Animation Writer orAnimation Story Editor because of race, ancestry, place of origin, creed,religion, gender, age, record of offenses (other than offences related tocopyright infringement), marital status, family status, disability, sexualorientation or political affiliation.113 To the extent it applies the GST (and/or Provincial and/or harmonized salestax) shall be paid in addition to all amounts set out in this AnimationSection.114 Upon receipt of materials as scheduled in the Animation Writer’s contract,the Producer shall pay all sums due to the Animation Writer within fifteen(15) calendar days and no payment shall be contingent upon the acceptanceor approval by the Producer of the Animation Writer’s material.115 When any payment is late, the Producer shall pay the Animation Writer orAnimation Story Editor interest on the overdue sum at the rate of twentyfourpercent (24%) per annum, computed on a monthly basis.116 Payment shall be made directly to the Animation Writer or Animation StoryEditor unless written authorization has been received by the Producer fromthe Animation Writer or Animation Story Editor authorizing payment to athird party.120

117 No portion of any fee provided in this Section shall be deferred for anyreason.118 In the event that an Animation Writer fails to meet a deadline specified inhis or her contract, the Producer may decline to deal further with theAnimation Writer, being obliged to pay only for work already completedand delivered on time. However, if an Animation Writer fails to meet adeadline specified in his/her contract by reason only of the AnimationWriter’s incapacity which adversely affects the progress of production in amaterial way or unreasonable refusal to deliver the Script Material, theProducer may elect, by written notice to the Animation Writer, to terminatethe Producer’s obligation to accept delivery and pay for any Script Materialdue on or after the missed deadline (the “Late Material”), notwithstandingthat the contract may specifically deny the Producers right to terminate. Ifthe Producer delivers such notice, the Producer shall be deemed to haveacquired an assignment in the Script Material delivered prior to the misseddeadline and shall be entitled to engage one or more other AnimationWriters to write the Late Material.119 The Producer agrees to notify an Animation Writer engaged under thisAnimation Section, before the Animation Writer is engaged on anyassignment, of the names of all other Animation Writers previously engagedby the Producer who have been assigned to work on the same ScriptMaterial. The Producer shall also notify the Animation Writers thenworking on such Script Material of the name(s) of any additional AnimationWriter(s) engaged on such Script Material.120 There shall be no speculative writing and therefore no Producer may requirean Animation Writer to submit Script Material without a written contract.121 Should a Producer wish revisions to an unsolicited Script from anAnimation Writer, a contract for the Script must be entered into with theWriter before any revisions are performed.122 Whenever the Producer contracts an Animation Writer or Animation StoryEditor, a fee for the work contracted shall be negotiated and a contractsigned before the Animation Writer or Animation Story Editor begins work.121

117 No portion <strong>of</strong> any fee provided in this Section shall be deferred for anyreason.118 In the event that an Animation Writer fails to meet a deadline specified inhis or her contract, the Producer may decline to deal further with theAnimation Writer, being obliged to pay only for work already completedand delivered on time. However, if an Animation Writer fails to meet adeadline specified in his/her contract by reason only <strong>of</strong> the AnimationWriter’s incapacity which adversely affects the progress <strong>of</strong> production in amaterial way or unreasonable refusal to deliver the Script Material, theProducer may elect, by written notice to the Animation Writer, to terminatethe Producer’s obligation to accept delivery and pay for any Script Materialdue on or after the missed deadline (the “Late Material”), notwithstandingthat the contract may specifically deny the Producers right to terminate. Ifthe Producer delivers such notice, the Producer shall be deemed to haveacquired an assignment in the Script Material delivered prior to the misseddeadline and shall be entitled to engage one or more other Animation<strong>Writers</strong> to write the Late Material.119 The Producer agrees to notify an Animation Writer engaged under thisAnimation Section, before the Animation Writer is engaged on anyassignment, <strong>of</strong> the names <strong>of</strong> all other Animation <strong>Writers</strong> previously engagedby the Producer who have been assigned to work on the same ScriptMaterial. The Producer shall also notify the Animation <strong>Writers</strong> thenworking on such Script Material <strong>of</strong> the name(s) <strong>of</strong> any additional AnimationWriter(s) engaged on such Script Material.120 There shall be no speculative writing and therefore no Producer may requirean Animation Writer to submit Script Material without a written contract.121 Should a Producer wish revisions to an unsolicited Script from anAnimation Writer, a contract for the Script must be entered into with theWriter before any revisions are performed.122 Whenever the Producer contracts an Animation Writer or Animation StoryEditor, a fee for the work contracted shall be negotiated and a contractsigned before the Animation Writer or Animation Story Editor begins work.121

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