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

1034 The decision of the Arbitrators, or the majority of them in the case ofdisagreement, shall be final and binding on all parties, provided always thatif the Arbitrators fail to communicate their decision to the Guild within theperiod of twenty-one (21) days (thirty (30) days in the case of Feature Films,Television Movies, Mini-Series and Documentaries) the credits proposed bythe Producer shall be final and binding on all parties.1035 The program shall not be commercially exploited until the credit arbitrationis complete. However, when the Producer has imminent delivery dates, theGuild will endeavor to expedite the arbitration.1036 The decision of the Arbitrators may be published in such media as the Guildmay determine.1037 With respect to Article 10, the Writers, Guild (on its own behalf and onbehalf of its members), Arbitrators and Credit Committee (the “ReleasingParties”) release, hold harmless and forever discharge all of the otherReleasing Parties from any and all actions, causes of action, claims anddemands for damages which may have been or thereafter may be sustainedin connection with any proceeding before the Arbitrators and/or the CreditCommittee, the decisions of the Arbitrators and/or the Credit Committee,and/or any publication of the findings and/or decisions of the Arbitratorsand/or the Credit Committee. In addition, the Releasing Parties agree to notmake any claim or take any proceeding against any third party to the creditarbitration who or which might claim contribution or indemnity from theother Releasing Parties. Nothing in this article shall be construed so as torestrict the parties’ right to pursue a grievance in accordance with Article 9.OTHER AGREEMENTS1038 If the work of one or more of the persons who have contributed to the scriptof the program is not subject to the terms of this Article 10, then in the eventof Arbitration the Arbitrators may take into account the provisions of anyagreements which the Guild may have with any foreign association ofWriters for the determination of credit in such circumstances.1039 Whereas some provisions for credit for Animation are newly introduced inthis Agreement,148

a) Notwithstanding the provisions for credits for Animation productionscontained in Article 10, with regard to the :i. repackagingii. use in compilations, andiii. publicityof Animation productions, for the duration of the term of this Agreement,the Guild agrees that the Producer may vary from the terms regardingplacement of credit on Animation productions when such modifications arereasonably required for commercial exploitation due to the foregoing uses.b) All other terms of the IPA including those regarding credits for Animationproductions shall remain in force.ALTERNATIVE PROCEDURE1040 If an objection to proposed credits is received by the Producer within thefourteen (14) or seven (7) day period provided for in Article 1022, as apreliminary alternative to arbitration in accordance with Articles 1024 to1038, the Producer may dispatch a revised draft of proposed credits and ifdispatched within seven (7) days of receipt of such objection, such reviseddraft shall be dealt with in accordance with Article 1024 to 1037 as thoughsuch revised draft were the original draft.AGREEMENT BETWEEN WRITERS ON CREDITS1041 When more than one Writer has contributed to the writing of a Script and allcontributing Writers agree unanimously among themselves as to which ofthem shall receive credit and to the form of such credit, then provided that:a) the number of Writers receiving such credit does not exceed two (wheretwo Writers have collaborated on a Script as a bona fide Team, thecredit of these two Writers shall count as one credit);b) the form of such credit is in accordance with this Article;149

a) Notwithstanding the provisions for credits for Animation productionscontained in Article 10, with regard to the :i. repackagingii. use in compilations, andiii. publicity<strong>of</strong> Animation productions, for the duration <strong>of</strong> the term <strong>of</strong> this Agreement,the <strong>Guild</strong> agrees that the Producer may vary from the terms regardingplacement <strong>of</strong> credit on Animation productions when such modifications arereasonably required for commercial exploitation due to the foregoing uses.b) All other terms <strong>of</strong> the IPA including those regarding credits for Animationproductions shall remain in force.ALTERNATIVE PROCEDURE1040 If an objection to proposed credits is received by the Producer within thefourteen (14) or seven (7) day period provided for in Article 1022, as apreliminary alternative to arbitration in accordance with Articles 1024 to1038, the Producer may dispatch a revised draft <strong>of</strong> proposed credits and ifdispatched within seven (7) days <strong>of</strong> receipt <strong>of</strong> such objection, such reviseddraft shall be dealt with in accordance with Article 1024 to 1037 as thoughsuch revised draft were the original draft.AGREEMENT BETWEEN WRITERS ON CREDITS1041 When more than one Writer has contributed to the writing <strong>of</strong> a Script and allcontributing <strong>Writers</strong> agree unanimously among themselves as to which <strong>of</strong>them shall receive credit and to the form <strong>of</strong> such credit, then provided that:a) the number <strong>of</strong> <strong>Writers</strong> receiving such credit does not exceed two (wheretwo <strong>Writers</strong> have collaborated on a Script as a bona fide Team, thecredit <strong>of</strong> these two <strong>Writers</strong> shall count as one credit);b) the form <strong>of</strong> such credit is in accordance with this Article;149

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