Printable PDF verion - Writers Guild of Canada
Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada
in the Production to the Distributor, the Distributor agrees that it, itssuccessors, assigns, and related companies that are not dealing at arm’slength (collectively the Distributor), are bound by all continuing obligationscontained in the IPA to report and remit Distribution Royalties to theWriter(s) of the Production payable under Parts A and C of the IPA. TheDistributor acknowledges receipt of the IPA and warrants that allDistribution Royalty payments that shall become due and payable pursuantto the IPA shall be paid under the terms and conditions contained in theIPA.For greater certainty, the Distributor shall be under no obligation to payDistribution Royalties pursuant to the IPA and this Distributor’sAssumption Agreement until such time as the aggregate Distributors’ GrossRevenue exceeds one hundred percent (100%) of the Budget.Only for the reporting period that coincides with the point whereDistributors’ Gross Revenue exceeds one hundred percent (100%) of thetotal Budget the amount of Distribution Royalty to be paid by theDistributor, if more than one Distributor reports Distributors’ GrossRevenue for such period, shall be calculated on a pro-rata basis inaccordance with the Distributors’ Gross Revenue reported by thatDistributor for this period for its territories listed in Paragraph 2 (b) belowas compared to total Distributors’ Gross Revenues reported for suchreporting period.For each successive reporting period, the Distribution Royalty shall bepayable by each Distributor on all of its further Distributor’s GrossRevenues for its territories listed in Paragraph 2 (b) below.2. The Distributor is distributing or licensing the Production:a) (i) in perpetuity (i.e. for the period of copyright and any renewalsthereof), or(ii) for a limited term of __________________years, subject torenewal rights as follows: __________________________________.b) Territories: (please provide list)i) _______________________ii) _______________________196
iii) _______________________iv) _______________________v) _______________________3. The Distributor acknowledges and agrees that its right to distribute orlicense the Production or to in any way exploit the rights in theProduction that it is licensing, shall be subject to and conditionedupon the prompt payment of Distribution Royalty payments to theGuild, in respect of the Writers of the Production. It is agreed that theGuild shall be entitled to pursue all remedies available at law, in theevent that such payments are not made when due, in addition to theremedies provided for in the IPA.4. The Distributor acknowledges that in accordance with Article A1110,the aggregate Distribution Royalty payments are due at least annuallywhile the production is in distribution, which payments are to be sentalong with the reports showing Gross Revenue during the precedingtime period. The Distributor shall also make available for inspectionby the Guild all statements delivered to the Producer or togovernment funding agencies or financiers regarding Gross Revenue.Any payments received after the due date shall be subject to interestas per Article A1103.5. The Distributor acknowledges its obligation under Article A1110 thatwhile it is holding the aggregate Distributor’s Gross Revenue, prior toits disbursement, such revenue is deemed to be held in trust for theWriters until disbursement to the Guild. In the enforcement of thisArticle, the Guild, subject to its rights as a creditor, shall agree to nothold any employee of the Producer (or the Distributor) liable fornegligence, provided that such employee acts in a bona fide fashion.6. The Distributor will only be relieved of its obligations to the Guild orthe Writer(s) hereunder upon any sale or other disposition of theProduction or any rights in the Production to a third party, if the thirdparty which acquires the Production or any such rights signs anAssumption Agreement in this form with Distributor and the Guild.7. The Guild hereby relieves the Producer of its obligations under theIPA with respect to the Production to the extent that the obligations197
- Page 152 and 153: 1025 The Guild shall forward notice
- Page 154 and 155: 1034 The decision of the Arbitrator
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- Page 164: Animation Section - Schedule 3Terms
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- Page 169 and 170: B. When a Writer is engaged to tran
- Page 171 and 172: SCHEDULE 4 - CONT.REGULAR EMPLOYEE
- Page 175 and 176: APPENDIX ANEGOTIATION PROTOCOLTHE W
- Page 177 and 178: 4. Agreement to Bargain in Good Fai
- Page 179 and 180: the Guild may not have complied wit
- Page 181: (g)(h)(i)(j)(k)(l)subject to the bo
- Page 184 and 185: For CMPA Members:____ The Producer
- Page 186 and 187: APPENDIX C(See Article A704)IPA 201
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- Page 190 and 191: -2-Tentative Credit: ______________
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- Page 198 and 199: APPENDIX GINDEPENDENT PRODUCTION AG
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- Page 204 and 205: are assumed by the Distributor here
- Page 206 and 207: Dated this day of , 20__ .Purchaser
- Page 208 and 209: Dated this day of , 20__.Purchaser
- Page 210 and 211: Dated this ________ day of ________
- Page 212 and 213: APPENDIX M(See Section F)IPA 2012-2
- Page 214 and 215: -3-2. All additional terms must be
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- Page 218 and 219: AncillaryMaterials:________________
- Page 220 and 221: APPENDIX O(See Article E102)CORPORA
- Page 222 and 223: APPENDIX QQUEBEC APPENDIX (IPA)As t
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- Page 226 and 227: conditions of Article A4 of the IPA
- Page 228 and 229: APPENDIX Q - CONT.REGULAR EMPLOYEE
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- Page 242 and 243: 22 Minutes X Inc.22 Minutes XI Inco
- Page 244 and 245: Big Soul Productions, Inc.Big Widge
- Page 246 and 247: Cradle Will Fall Productions Inc.Cr
- Page 248 and 249: Frantic Manitoba Productions, Inc.F
- Page 250 and 251: Johnny Test IV ProductionsJohnson P
in the Production to the Distributor, the Distributor agrees that it, itssuccessors, assigns, and related companies that are not dealing at arm’slength (collectively the Distributor), are bound by all continuing obligationscontained in the IPA to report and remit Distribution Royalties to theWriter(s) <strong>of</strong> the Production payable under Parts A and C <strong>of</strong> the IPA. TheDistributor acknowledges receipt <strong>of</strong> the IPA and warrants that allDistribution Royalty payments that shall become due and payable pursuantto the IPA shall be paid under the terms and conditions contained in theIPA.For greater certainty, the Distributor shall be under no obligation to payDistribution Royalties pursuant to the IPA and this Distributor’sAssumption Agreement until such time as the aggregate Distributors’ GrossRevenue exceeds one hundred percent (100%) <strong>of</strong> the Budget.Only for the reporting period that coincides with the point whereDistributors’ Gross Revenue exceeds one hundred percent (100%) <strong>of</strong> thetotal Budget the amount <strong>of</strong> Distribution Royalty to be paid by theDistributor, if more than one Distributor reports Distributors’ GrossRevenue for such period, shall be calculated on a pro-rata basis inaccordance with the Distributors’ Gross Revenue reported by thatDistributor for this period for its territories listed in Paragraph 2 (b) belowas compared to total Distributors’ Gross Revenues reported for suchreporting period.For each successive reporting period, the Distribution Royalty shall bepayable by each Distributor on all <strong>of</strong> its further Distributor’s GrossRevenues for its territories listed in Paragraph 2 (b) below.2. The Distributor is distributing or licensing the Production:a) (i) in perpetuity (i.e. for the period <strong>of</strong> copyright and any renewalsthere<strong>of</strong>), or(ii) for a limited term <strong>of</strong> __________________years, subject torenewal rights as follows: __________________________________.b) Territories: (please provide list)i) _______________________ii) _______________________196
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