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Printable PDF verion - Writers Guild of Canada

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c) the Producer and the <strong>Guild</strong> are notified <strong>of</strong> the agreed form <strong>of</strong> such creditprior to final determination <strong>of</strong> the credits in accordance with the terms<strong>of</strong> this Article;such credit shall be final and binding on all parties.ASSIGNMENT OF RIGHTS1042 In any contract with a third party into which the Producer enters whichrelates to dealing with any rights in the work <strong>of</strong> a Writer, the Producer shallobtain an undertaking that such third party will:a) in the case <strong>of</strong> an assignment <strong>of</strong> rights in such work for the purpose <strong>of</strong> theproduction <strong>of</strong> a program, assume and perform the obligations to the Writer<strong>of</strong> the Producer herein contained;b) in the case <strong>of</strong> a contract for the distribution or sale <strong>of</strong> any program inrespect <strong>of</strong> which such Writer is entitled to credit hereunder, accord theWriter such credit on all copies <strong>of</strong> such program made or issued by suchthird party, and in all paid advertising (subject to the exclusion set out inArticle 1023) issued by or under the direct control <strong>of</strong> such third party, inwhich the name <strong>of</strong> the director <strong>of</strong> such film appears, and the size <strong>of</strong> thecredit shall be the same as that <strong>of</strong> the director.1043 The Producer shall be relieved <strong>of</strong> its obligations to accord Writer credit onall copies <strong>of</strong> the Production made or issued by a third party as referenced inArticle 1042(b) only if the Producer obtains a signed copy <strong>of</strong> theundertaking provided in Appendix U and delivers it to the Writer.Should the Producer fail to obtain such undertaking, the Producer shallremain responsible for all obligations for credit accorded to the Writer, andshall be liable for any breach <strong>of</strong> the contract with the Writer or thisAgreement arising out <strong>of</strong> any breach <strong>of</strong> Article 10 credit provisions,including breaches by a third party with whom it has signed a contract fordistribution or sale.INADVERTENT BREACH OF ARTICLE 101044 No inadvertent breach <strong>of</strong> the terms <strong>of</strong> Article 10 shall be deemed a breach<strong>of</strong> Article 10 by the Producer, provided that the Producer will endeavor to150

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