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Printable PDF verion - Writers Guild of Canada

Printable PDF verion - Writers Guild of Canada

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ii) the performance, communication to the public (includingbroadcasting worldwide but excluding retransmission in NorthAmerica), private copying, rental and lending anywhere in the world,<strong>of</strong> productions based on Script Material. Secondary Use Payments shall notbe included in Distributors’ Gross Revenue.d) All net amounts collected and then distributed by collective societies inrespect <strong>of</strong> the retransmission in <strong>Canada</strong> <strong>of</strong> productions based on ScriptMaterial are excluded from Distributors’ Gross Revenue in accordancewith any agreement reached between the CSCS and the CRC, the CBRAand the CRRA regarding such retransmission.All net amounts collected and then distributed by collective societies inrespect <strong>of</strong> the retransmission in North America (excluding <strong>Canada</strong>) <strong>of</strong>productions based on Script Material are deemed receivable by theProducer, the Head Distributor and/or sub-distributors and shall beincluded in Distributors’ Gross Revenue until such time as a decision <strong>of</strong>a court or tribunal <strong>of</strong> competent jurisdiction is rendered.e) Nothing in this Agreement shall preclude the <strong>Guild</strong> or the Associationsfrom commencing or participating in proceedings before any court ortribunal and/or lobbying for legislative changes regarding retransmissionpayments in North America or Secondary Use Payments.A709 Warranties and Indemnities. Every individual contract between a Writer orStory Editor and a Producer shall be deemed to contain the followingWarranties and Indemnities:a) The Writer or Story Editor warrants that, to the best <strong>of</strong> his/herknowledge, information and belief the Script Materials to be provided byhim/her hereunder:i) are original to the Writer or Story Editor;ii) do not infringe the copyright <strong>of</strong> any person;iii) do not defame any person; andiv) do not invade the right to privacy <strong>of</strong> any person.The foregoing warranty does not apply to material included in the ScriptMaterials supplied to the Writer or Story Editor by the Producer, or in26

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