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

A105 Subject to the provisions of Article A1 and the present Appendix,the IPA shall apply to all Writers, Story Editors and StoryConsultants contracted by any Producer who is bound to thisAgreement. Nothing in this Agreement shall prevent a Producerfrom freely obtaining the services of a Writer, Story Editor orStory Consultant who may not be a member of the Guild in whichcase, s/he will be treated as a non-member under the terms of thisAgreement. The rates, terms and conditions for such Writer orStory Editor shall not be less than those provided in thisAgreement.A106 a) Writer / Regular Employee ProvisionsA Writer who regularly binds himself to one or several producersby way of engagement contracts pertaining to specified writingservices is deemed to be a Writer covered by the IPA and not to bea Regular Employee.A Regular Employee, who is not an artist under the Status of theArtists Act, is an individual hired under an employment contract(verbal or written) for an indefinite period on a permanent basisand for whom deductions under Income Tax laws are duly made.A Regular Employee whose duties include writing and who isregularly engaged in creative aspects of production is not coveredby this Agreement.The recognition procedure attached hereto as theEmployee Status Procedure” shall apply.“RegularWhere a Regular Employee(s) and a Writer(s) are working on thesame Script Material, it is agreed that the Producer will contractthe Writer(s) for the applicable Script Material as provided inArticles C109, C308, C408, C507, C607, and C705 of the IPA.The Production Fee shall be paid to credited Writers as perArticles A1109 and C1005 of this Agreement and in any event theWriter shall not receive less than his/her share of the ProductionFee. In any case where the Producer claims the Regular Employeeand the Writer are working as a Team on Script Material, theagreement of the parties and the Guild will be sought prior to218

engagement and such agreement shall not be unreasonablywithheld. The Writer member of the Team shall receive no lessthan the applicable pro-rated share of the minimum Script Fee andProduction Fee.In any case in which a Regular Employee of a Producer who is notthe sole Writer claims or is accorded writing credit, the Producershall automatically notify the Guild and an arbitration shall followunder the rules of A927 to A940. Only Regular Employees asdefined above and Writers contracted under this Agreement or aguild agreement negotiated by a member of the InternationalAffiliation of Writers Guilds (“IAWG”) shall be eligible to receivewriting credit on a Production.b) The IPA shall not apply to a recognized specialist who is not amember who writes a non-dramatic Script, the contents of whichrelate to his/her own special field, except that this exclusion shallnot apply to such a specialist after s/he has written three (3) suchScripts or to any Writer of a Feature Film.c) For the duration of this Agreement and for Documentaries only,the matters covered by Articles C1, C2, C5, C10 and C11 shall benegotiable between the Producer and any Writer who is not amember of the Guild.Any Production Fee payable to a Writer who is a member of theGuild and who works on the same Script Material as a nonmember,shall be paid as per Articles A1109 and C1005 of thisAgreement and, in any event, the member Writer shall not receiveless than his/her share of the Production Fee.In the event the Writer, who is a member of the Guild, is also amember of a Team, he/she shall receive no less than the applicablepro-rated share of the minimum Script Fee and Production Fee.A107 Not applicable.2. No Strike and Unfair Declaration:As the Act requires certain modifications and deletions to the terms and219

engagement and such agreement shall not be unreasonablywithheld. The Writer member <strong>of</strong> the Team shall receive no lessthan the applicable pro-rated share <strong>of</strong> the minimum Script Fee andProduction Fee.In any case in which a Regular Employee <strong>of</strong> a Producer who is notthe sole Writer claims or is accorded writing credit, the Producershall automatically notify the <strong>Guild</strong> and an arbitration shall followunder the rules <strong>of</strong> A927 to A940. Only Regular Employees asdefined above and <strong>Writers</strong> contracted under this Agreement or aguild 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 receivewriting credit on a Production.b) The IPA shall not apply to a recognized specialist who is not amember who writes a non-dramatic Script, the contents <strong>of</strong> whichrelate to his/her own special field, except that this exclusion shallnot apply to such a specialist after s/he has written three (3) suchScripts or to any Writer <strong>of</strong> a Feature Film.c) For the duration <strong>of</strong> this Agreement and for Documentaries only,the matters covered by Articles C1, C2, C5, C10 and C11 shall benegotiable between the Producer and any Writer who is not amember <strong>of</strong> the <strong>Guild</strong>.Any Production Fee payable to a Writer who is a member <strong>of</strong> the<strong>Guild</strong> and who works on the same Script Material as a nonmember,shall be paid as per Articles A1109 and C1005 <strong>of</strong> thisAgreement and, in any event, the member Writer shall not receiveless than his/her share <strong>of</strong> the Production Fee.In the event the Writer, who is a member <strong>of</strong> the <strong>Guild</strong>, is also amember <strong>of</strong> a Team, he/she shall receive no less than the applicablepro-rated share <strong>of</strong> the minimum Script Fee and Production Fee.A107 Not applicable.2. No Strike and Unfair Declaration:As the Act requires certain modifications and deletions to the terms and219

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!