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

Where a Regular Employee(s) and a Writer(s) are working on the same ScriptMaterial, it is agreed that the Producer will contract the Writer(s) for theapplicable Script Material as provided in Article 3 of the Animation Section. Inany case where the Producer claims the Regular Employee and the Writer areworking as a Team on Script Material, the agreement of the parties and the Guildwill be sought prior to engagement and such agreement shall not be unreasonablywithheld.In any case in which a Regular Employee of a Producer who is not the sole Writerclaims or is accorded writing credit, the Producer shall automatically notify theGuild and an arbitration shall follow under the rules of 1024 to 1037. OnlyRegular Employees as defined above and Writers contracted under this AnimationSection or a guild agreement negotiated by a member of the InternationalAffiliation of Writers Guilds (“IAWG”) shall be eligible to receive writing crediton a Production.106 Not applicable.109 The terms of this Animation Section are minimum terms. Nothing hereincontained shall prevent any Animation Writer or Animation Story Editor fromnegotiating and contracting with any Producer for better terms and conditions forthe benefit of such Animation Writer or Animation Story Editor than are hereprovided.110 The regular, trainee and permittee members of the APFTQ shall not berequired to sign any letter of adherence or Voluntary Recognition Agreement (asper Schedule 1 of the Animation Section).The Guild agrees not to permit a producer who is not a member of the APFTQfrom availing itself of this Agreement unless such producer signs a VoluntaryRecognition Agreement as provided in Schedule 1 of the Animation Section andunless such producer remits the applicable administration fees provided in Article401.2. Translating Material Created in Any Language Other Than EnglishA. The provisions of this Article were newly introduced in the 2006-2008Animation Section and it is understood that they have been agreed for the term ofthe Animation Section. Nothing in this Article shall be interpreted as a limitationor a renunciation by the Guild to any exclusive recognition granted to the Guildunder the Act.162

B. When a Writer is engaged to translate existing script material into ScriptMaterial (as defined in the Animation Section) from any language other thanEnglish into any language other than French without changing the dramaticstructure, characters, tone or geographic location, the following terms shall apply:a) The Script Fee shall be negotiable between the Writer of the translation andthe Producer.b) The Writer of the translation shall not be entitled to any Production Fee orDistribution Royalty.c) The Script Fee shall be allocated and paid as follows:i) on signing of the contract: 25%ii) on delivery of the Script Material: 75%d) Article 10 of the Animation Section shall apply to the Writer of thetranslation with the following changes:(i) Each Writer contributing to the translation of existing script material intoon-screen Script Material as set forth above shall be entitled to the credit“TRANSLATED BY…”.(ii) Writers of translations shall not be counted towards the maximum numberof Writers set forth in the section LIMITATION OF NUMBER OF WRITERS.(iii) Position and size of the credit shall be set out in the Writer’s contract.(iv) Producer shall not be obligated to accord Writer credit in advertising orpublicity.e) Nothing in this Article shall be interpreted as precluding the Writer of thetranslation from receiving appropriate writing credits as set out in Article 10 of theAnimation Section when providing other writing services.f) In the event of a difficulty of interpretation or application of the presenttranslation provisions, the Producer, the APFTQ and the Guild agree to negotiatein good faith the terms and conditions of a mutually agreeable settlement.3. Subject to the provisions of the Act, Appendix A (the Negotiation Protocol)shall apply in Quebec.4. Unless otherwise expressly provided for, in the case of a conflict between thepresent Appendix and the Animation Section (including all Schedules), the present163

Where a Regular Employee(s) and a Writer(s) are working on the same ScriptMaterial, it is agreed that the Producer will contract the Writer(s) for theapplicable Script Material as provided in Article 3 <strong>of</strong> the Animation Section. Inany case where the Producer claims the Regular Employee and the Writer areworking as a Team on Script Material, the agreement <strong>of</strong> the parties and the <strong>Guild</strong>will be sought prior to engagement and such agreement shall not be unreasonablywithheld.In any case in which a Regular Employee <strong>of</strong> a Producer who is not the sole Writerclaims or is accorded writing credit, the Producer shall automatically notify the<strong>Guild</strong> and an arbitration shall follow under the rules <strong>of</strong> 1024 to 1037. OnlyRegular Employees as defined above and <strong>Writers</strong> contracted under this AnimationSection or a guild agreement negotiated by a member <strong>of</strong> the InternationalAffiliation <strong>of</strong> <strong>Writers</strong> <strong>Guild</strong>s (“IAWG”) shall be eligible to receive writing crediton a Production.106 Not applicable.109 The terms <strong>of</strong> this Animation Section are minimum terms. Nothing hereincontained shall prevent any Animation Writer or Animation Story Editor fromnegotiating and contracting with any Producer for better terms and conditions forthe benefit <strong>of</strong> such Animation Writer or Animation Story Editor than are hereprovided.110 The regular, trainee and permittee members <strong>of</strong> the APFTQ shall not berequired to sign any letter <strong>of</strong> adherence or Voluntary Recognition Agreement (asper Schedule 1 <strong>of</strong> the Animation Section).The <strong>Guild</strong> agrees not to permit a producer who is not a member <strong>of</strong> the APFTQfrom availing itself <strong>of</strong> this Agreement unless such producer signs a VoluntaryRecognition Agreement as provided in Schedule 1 <strong>of</strong> the Animation Section andunless such producer remits the applicable administration fees provided in Article401.2. Translating Material Created in Any Language Other Than EnglishA. The provisions <strong>of</strong> this Article were newly introduced in the 2006-2008Animation Section and it is understood that they have been agreed for the term <strong>of</strong>the Animation Section. Nothing in this Article shall be interpreted as a limitationor a renunciation by the <strong>Guild</strong> to any exclusive recognition granted to the <strong>Guild</strong>under the Act.162

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