Printable PDF verion - Writers Guild of Canada
Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada
c) the Producer and the Guild are notified of the agreed form of such creditprior to final determination of the credits in accordance with the termsof 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 of a Writer, the Producer shallobtain an undertaking that such third party will:a) in the case of an assignment of rights in such work for the purpose of theproduction of a program, assume and perform the obligations to the Writerof the Producer herein contained;b) in the case of a contract for the distribution or sale of any program inrespect of which such Writer is entitled to credit hereunder, accord theWriter such credit on all copies of 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 of such third party, inwhich the name of the director of such film appears, and the size of thecredit shall be the same as that of the director.1043 The Producer shall be relieved of its obligations to accord Writer credit onall copies of the Production made or issued by a third party as referenced inArticle 1042(b) only if the Producer obtains a signed copy of 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 of the contract with the Writer or thisAgreement arising out of any breach of 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 of the terms of Article 10 shall be deemed a breachof Article 10 by the Producer, provided that the Producer will endeavor to150
prevent any further breach after the receipt of written notice specifyingdetails of the alleged breach.1045 Should the Producer fail to provide the credits on the Production as requiredabove, the Producer agrees to the following remedy:a) to correct the omission prior to public showing where practicable; orb) if correction as in a) above is not practicable, to fulfill the intent ofthe provisions for credit by inserting in appropriate daily and/or trade papersannouncements for the sole purpose of identifying the Writer whose credithas been omitted. The specific periodicals and the size and content of theannouncements will be the subject of negotiation between the Producer, therelevant Association and the Guild. The cost of these advertisements willbe borne by the Producer.PRODUCTION CREDITS1046 References contained herein to the credit accorded to the director of theprogram are limited to the director’s credit as director and do not extend toany “production” or “presentation” credit accorded to the director.1047 The Producer shall use best efforts to include the Guild logo on the creditroll. The Guild shall provide the Producer with the appropriate artwork inadequate time to facilitate the inclusion of the Guild logo.ARTICLE 11 – TERM1101 The term of this section shall run concurrent with the term of the WritersIndependent Production Agreement (IPA) 2012-2014, effective fromNovember 1, 2012 to December 31, 2014. However, all animation cycles inproduction as of November 1, 2012 shall remain subject to the 2010-2011IPA.1102 The provisions new to this Section (Articles 202, 301 to 304) shall remainin place until the expiration of this Agreement.BLENDED PRODUCTIONBlended Production means a program which combines live action and animationtechniques.151
- Page 106 and 107: $10,500,000 ($231,825 plus 2% of $5
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prevent any further breach after the receipt <strong>of</strong> written notice specifyingdetails <strong>of</strong> the alleged breach.1045 Should the Producer fail to provide the credits on the Production as requiredabove, the Producer agrees to the following remedy:a) to correct the omission prior to public showing where practicable; orb) if correction as in a) above is not practicable, to fulfill the intent <strong>of</strong>the provisions for credit by inserting in appropriate daily and/or trade papersannouncements for the sole purpose <strong>of</strong> identifying the Writer whose credithas been omitted. The specific periodicals and the size and content <strong>of</strong> theannouncements will be the subject <strong>of</strong> negotiation between the Producer, therelevant Association and the <strong>Guild</strong>. The cost <strong>of</strong> these advertisements willbe borne by the Producer.PRODUCTION CREDITS1046 References contained herein to the credit accorded to the director <strong>of</strong> theprogram are limited to the director’s credit as director and do not extend toany “production” or “presentation” credit accorded to the director.1047 The Producer shall use best efforts to include the <strong>Guild</strong> logo on the creditroll. The <strong>Guild</strong> shall provide the Producer with the appropriate artwork inadequate time to facilitate the inclusion <strong>of</strong> the <strong>Guild</strong> logo.ARTICLE 11 – TERM1101 The term <strong>of</strong> this section shall run concurrent with the term <strong>of</strong> the <strong>Writers</strong>Independent Production Agreement (IPA) 2012-2014, effective fromNovember 1, 2012 to December 31, 2014. However, all animation cycles inproduction as <strong>of</strong> November 1, 2012 shall remain subject to the 2010-2011IPA.1102 The provisions new to this Section (Articles 202, 301 to 304) shall remainin place until the expiration <strong>of</strong> this Agreement.BLENDED PRODUCTIONBlended Production means a program which combines live action and animationtechniques.151
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