Printable PDF verion - Writers Guild of Canada
Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada
to Article 807, the Producer shall be deemed automatically granted from theAnimation Writer an exclusive licence for the full term of copyright (andany extensions thereof) to exploit by any manner or means, now or hereafterknown the copyright in the Script Material. In connection therewith andupon request of the Producer, the Animation Writer shall execute anexclusive written licence to evidence the foregoing, including but notlimited to the right to produce, reproduce, publish and perform in public theScript Material or any substantial part thereof in any material fromwhatsoever.a) This right includes but is not limited to the sole right to make,reproduce, adapt, edit and publicly present in any language the ScriptMaterial as an Animation Production by means, now or hereafterknown, of which the Script Material may be reproduced andperformed.b) This right includes, but is not limited to, the right to copy, sell,distribute, make available, rent out, communicate to the public bytelecommunication (including the Internet), and to incorporate theScript Material into any other derivative works for sale anddistribution.803 Nothing in this Section limits the Animation Writer and the Producer fromnegotiating alternative division of rights with respect to copyright in theScript Material to that described in 802 above.804 The Producer has the right to add to, delete from, change, modify andamend the Script Materials, and to use same in connection with any and allgoods, services, products and institutions. Furthermore, the Producer ownsabsolutely all copyright in the Production and shall be free from any claimto copyright in the Production by the Animation Writer, but subject alwaysto the payment to the Animation Writer of the Script Fee.805 For greater clarity, the Animation Writer hereby assigns and shall assign theexclusive perpetual worldwide Merchandising Rights to the Producer unlessotherwise agreed between the Animation Writer and Producer.806 Upon payment of the contracted Script Fee and in the absence of any writtenagreement to the contrary, an Animation Writer shall not have any claim of132
any interest in the Animation Production based on Script Materialcontracted under this Section.807 Notwithstanding the foregoing, nothing in this Section or any individualcontract to which this Section applies, including the licencing of copyrightin the Script Material, shall diminish any otherwise existing right of theAnimation Writer to collect any of the “author’s share” of the SecondaryUse Payments (as defined in this Section) in connection with any AnimationProduction based on the Script Material and the Animation Writer shallretain copyright in the Script Material for such purpose. For further clarity,it shall not be a violation of this Article 807 if language required by theSACD, to collect those monies paid directly to the SACD by broadcasters inconnection with a “communication to the public”, does not appear in anAnimation Writer’s contract.808 The Animation Writer retains the right to collect any prize or moniesawarded for the screenplay of an Animation Production.809 Nothing in this Section or any individual contract to which this Sectionapplies shall diminish any otherwise existing rights of the Producer tocollect any of the “Producer’s share” of Secondary Use Payments inconnection with any Animation Production based on Script Material.810 Subject to any successful claim for a share of retransmission royalties by theGuild or the Canadian Screenwriters Collection Society or change to existinglegislation, all net amounts collected and distributed by Collective Societiesin respect of the retransmission in North America of Animation Productionsbased on the Script Material are deemed receivable by the Producer.Nothing in this Section shall preclude the Guild or the Associations fromcommencing or participating in proceedings before any court or tribunaland/or lobbying for legislative changes regarding retransmission paymentsin North America or Secondary Use payments.ARTICLE 9 – GRIEVANCE AND ARBITRATION901 A party exercising its rights under the provisions of the Section does sowithout prejudice to its relations with the other parties.133
- Page 88 and 89: C510i) on signing of the contract 1
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- Page 92 and 93: C604 Contributing WritersFor each i
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- Page 102 and 103: iv) when the program has grossed ov
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- Page 106 and 107: $10,500,000 ($231,825 plus 2% of $5
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- Page 110 and 111: c) evidence, satisfactory to the Gu
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- Page 116 and 117: g) All EducationalWorldh) All of th
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- Page 124 and 125: ANIMATION SECTIONThis section is se
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- 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
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- 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
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any interest in the Animation Production based on Script Materialcontracted under this Section.807 Notwithstanding the foregoing, nothing in this Section or any individualcontract to which this Section applies, including the licencing <strong>of</strong> copyrightin the Script Material, shall diminish any otherwise existing right <strong>of</strong> theAnimation Writer to collect any <strong>of</strong> the “author’s share” <strong>of</strong> the SecondaryUse Payments (as defined in this Section) in connection with any AnimationProduction based on the Script Material and the Animation Writer shallretain copyright in the Script Material for such purpose. For further clarity,it shall not be a violation <strong>of</strong> this Article 807 if language required by theSACD, to collect those monies paid directly to the SACD by broadcasters inconnection with a “communication to the public”, does not appear in anAnimation Writer’s contract.808 The Animation Writer retains the right to collect any prize or moniesawarded for the screenplay <strong>of</strong> an Animation Production.809 Nothing in this Section or any individual contract to which this Sectionapplies shall diminish any otherwise existing rights <strong>of</strong> the Producer tocollect any <strong>of</strong> the “Producer’s share” <strong>of</strong> Secondary Use Payments inconnection with any Animation Production based on Script Material.810 Subject to any successful claim for a share <strong>of</strong> retransmission royalties by the<strong>Guild</strong> or the Canadian Screenwriters Collection Society or change to existinglegislation, all net amounts collected and distributed by Collective Societiesin respect <strong>of</strong> the retransmission in North America <strong>of</strong> Animation Productionsbased on the Script Material are deemed receivable by the Producer.Nothing in this Section shall preclude the <strong>Guild</strong> or the Associations fromcommencing or participating in proceedings before any court or tribunaland/or lobbying for legislative changes regarding retransmission paymentsin North America or Secondary Use payments.ARTICLE 9 – GRIEVANCE AND ARBITRATION901 A party exercising its rights under the provisions <strong>of</strong> the Section does sowithout prejudice to its relations with the other parties.133
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