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

Material as available relating to the program which it may have in itspossession and shall notify the Guild of any such material which haspreviously been submitted to the Producer of which the Producer does nothave a copy. The Guild shall make best efforts to obtain such material andwill submit such material to the Producer to verify that the Producer actuallyreceived such material.Where the production is based on Source Material, the Producer shall alsodeliver one (1) copy of the Source Material to the Guild.A931 The Guild shall prepare a list of all materials received and shall forward inthe next business day the list to the Producer and all participating writers tosign as confirmation that all Script Material and/or Source Material has beenincluded. If any writer indicates that additional Script Material and/orSource Material is missing, the Guild shall make best efforts to obtain suchmaterial and will submit such material to the Producer to verify that theProducer actually received such material. Only Script Material or SourceMaterial submitted to the Producer shall be submitted to the Arbitrators.For the purposes of credit arbitration, a “participating writer” shall be anyperson :a) engaged by the Producer (or predecessor of the Producer) to provideScript Material; orb) who has had Script Material acquired or purchased by the Producer (orpredecessor of the Producer); orc) whose Script Material has been provided by the Producer (or predecessorof the Producer) to subsequent Writers engaged on the same program; ord) whose Script Material can be seen to be reasonably connected to theprogramand whose Script Material becomes subject to the credit arbitration process.If there is any uncertainty or dispute as to whether an individual fits thecriteria for “participating writer”, the Guild’s Credit Committee will beconsulted for a ruling which shall be final and binding on the parties.A932 The credit arbitration shall commence when the Guild receives the signedconfirmation referenced in Article A931 from the Producer and allparticipating writers. In the absence of signed confirmation from any party,38

that party (the non-respondent) shall be deemed to have confirmed the list ofmaterials forty-eight (48) hours after receipt of such list of materials.A933 If there is uncertainty or dispute as to whether the material is ScriptMaterial, Source Material or whether or not the material was submitted tothe Producer, the Guild’s Credit Committee shall determine whether or notthe material shall be submitted to the Arbitrators. The ruling of the CreditCommittee shall be final and binding on the parties.A934 The Producer shall, if requested by the Arbitrators, co-operate with theArbitrators to arrive at a just determination by furnishing any availableinformation required by the Arbitrators and shall provide them with a copyof the program if it is available at the time of arbitration.A935 All representations made to the Arbitrators shall be in writing. Both theProducer and the Guild hereby recognize the need for arbitration to beconducted in such a way as to preserve at all times the anonymity of theArbitrators.A936 Within twenty-one (21) days, (thirty (30) days in the case of Feature Films,Television Movies, Mini-Series and Documentaries) of receipt by the Guildof signed confirmation from the Producer and all participating writers as perArticle A931 above or deemed approval as per Article A932 of all materialreferred to in Article A930, the Arbitrators shall deliver their decision inwriting to the Guild. The Guild shall immediately convey the decision inwriting to the Producer.A937 The decision of the Arbitrators, or the majority of them in the case ofdisagreement, shall be final and binding on all parties, provided always thatif the Arbitrators fail to communicate their decision to the Guild within theperiod of twenty-one (21) days (thirty (30) days in the case of Feature Films,Television Movies, Mini-Series and Documentaries) the credits set out inthe Notice referred to in Article A921 shall be final and binding on allparties.A938 The program shall not be commercially exploited until the credit arbitrationis complete. However, when the Producer has imminent delivery dates, theGuild will endeavor to expedite the arbitration.39

that party (the non-respondent) shall be deemed to have confirmed the list <strong>of</strong>materials forty-eight (48) hours after receipt <strong>of</strong> such list <strong>of</strong> materials.A933 If there is uncertainty or dispute as to whether the material is ScriptMaterial, Source Material or whether or not the material was submitted tothe Producer, the <strong>Guild</strong>’s Credit Committee shall determine whether or notthe material shall be submitted to the Arbitrators. The ruling <strong>of</strong> the CreditCommittee shall be final and binding on the parties.A934 The Producer shall, if requested by the Arbitrators, co-operate with theArbitrators to arrive at a just determination by furnishing any availableinformation required by the Arbitrators and shall provide them with a copy<strong>of</strong> the program if it is available at the time <strong>of</strong> arbitration.A935 All representations made to the Arbitrators shall be in writing. Both theProducer and the <strong>Guild</strong> hereby recognize the need for arbitration to beconducted in such a way as to preserve at all times the anonymity <strong>of</strong> theArbitrators.A936 Within twenty-one (21) days, (thirty (30) days in the case <strong>of</strong> Feature Films,Television Movies, Mini-Series and Documentaries) <strong>of</strong> receipt by the <strong>Guild</strong><strong>of</strong> signed confirmation from the Producer and all participating writers as perArticle A931 above or deemed approval as per Article A932 <strong>of</strong> all materialreferred to in Article A930, the Arbitrators shall deliver their decision inwriting to the <strong>Guild</strong>. The <strong>Guild</strong> shall immediately convey the decision inwriting to the Producer.A937 The decision <strong>of</strong> the Arbitrators, or the majority <strong>of</strong> them in the case <strong>of</strong>disagreement, shall be final and binding on all parties, provided always thatif the Arbitrators fail to communicate their decision to the <strong>Guild</strong> within theperiod <strong>of</strong> twenty-one (21) days (thirty (30) days in the case <strong>of</strong> Feature Films,Television Movies, Mini-Series and Documentaries) the credits set out inthe Notice referred to in Article A921 shall be final and binding on allparties.A938 The program shall not be commercially exploited until the credit arbitrationis complete. However, when the Producer has imminent delivery dates, the<strong>Guild</strong> will endeavor to expedite the arbitration.39

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

Saved successfully!

Ooh no, something went wrong!