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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
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IPA2012-2014Effective November 1, 2
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TABLE OF CONTENTSSection A: General
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Note:Capitalized words in this Agre
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Guild that for reasons of conscienc
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A113 During the period of renegotia
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A211 Daily Dramatic Serial means a
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A227 Free Television means the exhi
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A239 Pilot means the sample episode
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asic narrative, idea, or theme and
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Show Writer (Variety) means a perso
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ARTICLE A4 - NO STRIKE AND UNFAIR D
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or fifteen (15) business days prior
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v) the Joint Standing Committee sha
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A525 The decision of the Arbitrator
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A604 When a Producer is considering
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ii) the performance, communication
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e) Either party upon receipt of not
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A802 Story Editors or Story Consult
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) Where a Writer has made a substan
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When Writers’ names are separated
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proposes a Writer who is also a dir
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Material as available relating to t
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A939 The decision of the Arbitrator
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emain responsible for all obligatio
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i) whom the CMPA or APFTQ confirms
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A1109the Script Material the Produc
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) At least annually and while the p
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A1113payments to which the Writer o
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Pilot, etc.) or $2,000 per episode
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mutually agreed upon by the parties
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not included in the Script. One Pol
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B113a) Where a Writer originates in
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c) Should the Producer wish to cont
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ii) what the development format is
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SECTION C - ADDITIONAL CONDITIONS A
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C117 Documentary Feature Film Polis
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paid as follows:a) on signing of th
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v) All or part of the Script Fee an
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ARTICLE C3 - TELEVISION PRODUCTION
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) based on a Story or Screen Story
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C404 Story or Screen Story2012 2013
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a) based on a Story or Screen Story
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60 minutes or less 3,810 3,886 3,92
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C510i) on signing of the contract 1
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ORb) twenty percent (20%) of the Wr
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C604 Contributing WritersFor each i
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ARTICLE C7 - TELEVISION MAGAZINE SH
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3 minutes orlessEachadditionalminut
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) Script Fees:For each Script on wh
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ARTICLE C9 - TELEVISION CONTINUITYW
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iv) when the program has grossed ov
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C1005 Production FeeOn the first da
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$10,500,000 ($231,825 plus 2% of $5
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) Distributors’ Gross Revenue sha
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c) evidence, satisfactory to the Gu
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SECTION D - OTHER PRODUCTION: SPONS
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ARTICLE D3 - DISTRIBUTION AND USE R
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g) All EducationalWorldh) All of th
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ARTICLE E2 - DEFINITIONSThe followi
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E304E305E306E307E308Grievance Proce
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E404E405E406E407Subsequent WriterIf
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ANIMATION SECTIONThis section is se
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110 Prior to contracting an Animati
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123 No purely oral agreement shall
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205 Collective Society means a soci
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contribution to a Final Script; pro
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ii) on delivery of the material 75%
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503 Deduction From Animation Writer
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to Article 807, the Producer shall
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902 A Grievance is defined as a dif
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912 The Association’s representat
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920 Arbitration. Within two (2) wee
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Association des Producteurs de Film
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LIMITATION OF NUMBER OF WRITERS1009
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DUTY OF PRODUCER TO NOTIFY1018 No l
Page 152 and 153: 1025 The Guild shall forward notice
Page 154 and 155: 1034 The decision of the Arbitrator
Page 156 and 157: c) the Producer and the Guild are n
Page 158 and 159: 1. a) In the case of a Blended Prod
Page 160 and 161: Please check one of the following:F
Page 162 and 163: Animation Section - Schedule 2(See
Page 164: Animation Section - Schedule 3Terms
Page 167 and 168: Animation Section will also bind al
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
Page 188 and 189: -3-2. All additional terms must be
Page 190 and 191: -2-Tentative Credit: ______________
Page 192 and 193: APPENDIX E(See Article A707, Animat
Page 194 and 195: B) Production personnel sharing cre
Page 196 and 197: APPENDIX GINDEPENDENT PRODUCTION AG
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
Page 216 and 217: We hereby certify that we are/are n
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
Page 224 and 225: A105 Subject to the provisions of A
Page 226 and 227: conditions of Article A4 of the IPA
Page 228 and 229: APPENDIX Q - CONT.REGULAR EMPLOYEE
Page 230: APPENDIX RTerms Pertaining to APFTQ
Page 234 and 235: APPENDIX T
Page 236 and 237: APPENDIX VCORPORATE GUARANTEEMEMORA
Page 238 and 239: to the date of such termination by
Page 240 and 241: APPENDIX X
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
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Missing Productions II CorpMissing
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Prairie Pants Productions IVPrairie
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Shaftesbury Development Inc.Shaftes
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Take It Personally Productions, Inc
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Part B - List of Producers Bound by
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Code2 Productions Inc for “Franni
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Johnny Test Productions Inc. for Jo
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Nelvana Ltd for the production “J
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WRITERS GUILD OF CANADA366 Adelaide
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Writers, Story Editors and Story Co
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Magazine Format Program 1004(c) 141
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definition 215 125minimum 301-303 1
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BIBLEAnimation Bible for APFTQ memb
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CONSULTING see STORY CONSULTANTSCON
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extension of time to complete assig
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Story Consultant/Story Editor A921
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paid to Writer after termination of
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FEATURE FILM see also SCRIPTAnimati
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INSOLVENCY see BANKRUPTCYINSTALMENT
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Television Continuitydistribution r
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application to Appendix T 228NON-CE
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Writer, Story Editor or Story Consu
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Excerpts B116 60Group Writers C412
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Television Production other than Mo
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definition A247 11Excerpts B116 60F
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AFPTQ Appendix Q 216-223conflict wi
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USE FEE ROYALTIES see DISTRIBUTION
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