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

A939 The decision of the Arbitrators may be published in such media as the Guildmay determine.A940 With respect to Article A9, the Writers, Guild (on its own behalf and onbehalf of its members), Arbitrators and Credit Committee (the “ReleasingParties”) release, hold harmless and forever discharge all of the otherReleasing Parties from any and all actions, causes of action, claims anddemands for damages which may have been or thereafter may be sustainedin connection with any proceeding before the Arbitrators and/or the CreditCommittee, the decisions of the Arbitrators and/or the Credit Committee,and/or any publication of the findings and/or decisions of the Arbitratorsand/or the Credit Committee. In addition, the Releasing Parties agree to notmake any claim or take any proceeding against any third party to the creditarbitration who or which might claim contribution or indemnity from theother Releasing Parties. Nothing in this article shall be construed so as torestrict the parties’ right to pursue a grievance in accordance with ArticleA5.OTHER AGREEMENTSA941 If the work of one or more of the persons who have contributed to the Scriptof the program is not subject to the terms of this Article A9, then in theevent of Arbitration the Arbitrators may take into account the provisions ofany agreements which the Guild may have with any foreign association ofWriters for the determination of credit in such circumstances.ALTERNATIVE PROCEDUREA942 If an objection to proposed credits is received by the Producer within thefourteen (14) or seven (7) day period provided for in Article A925, as apreliminary alternative to arbitration in accordance with Articles A927 toA938, the Producer may dispatch a revised draft of proposed credits and ifdispatched within seven (7) days of receipt of such objection, such reviseddraft shall be dealt with in accordance with Article A927 to A940 as thoughsuch revised draft were the original draft.AGREEMENT BETWEEN WRITERS ON CREDITSA943 When more than one Writer has contributed to the writing of a Script and all40

contributing Writers agree unanimously among themselves as to which ofthem shall receive credit and to the form of such credit, then provided that:a) the number of Writers receiving such credit does not exceed two (wheretwo Writers have collaborated on a Script as a bona fide Team, thecredit of these two Writers shall count as one credit);b) the form of such credit is in accordance with this Article;c) the Producer and the Guild are notified of the agreed form of such creditprior to final determination of the credits in accordance with the termsof this Article;such credit shall be final and binding on all parties.ASSIGNMENT OF RIGHTSA944 In any contract with a third party into which the Producer enters whichrelates to dealing with any rights in the work of a Writer, the Producer shallobtain an undertaking that such third party will:a) in the case of an assignment of rights in such work for the purpose of theproduction of a program, assume and perform the obligations to the Writerof the Producer herein contained;b) in the case of a contract for the distribution or sale of any program inrespect of which such Writer is entitled to credit hereunder, accord theWriter such credit on all copies of such program made or issued by suchthird party, and in all paid advertising (subject to the exclusion set out inArticle A926) issued by or under the direct control of such third party, inwhich the name of the director of such film appears, and the size of thecredit shall be the same as that of the director.A945 The Producer shall be relieved of its obligations to accord Writer credit onall copies of the Production made or issued by a third party as referenced inArticle A944(b) only if the Producer obtains a signed copy of theundertaking provided in Appendix U and delivers it to the Writer.Should the Producer fail to obtain such undertaking, the Producer shall41

contributing <strong>Writers</strong> agree unanimously among themselves as to which <strong>of</strong>them shall receive credit and to the form <strong>of</strong> such credit, then provided that:a) the number <strong>of</strong> <strong>Writers</strong> receiving such credit does not exceed two (wheretwo <strong>Writers</strong> have collaborated on a Script as a bona fide Team, thecredit <strong>of</strong> these two <strong>Writers</strong> shall count as one credit);b) the form <strong>of</strong> such credit is in accordance with this Article;c) the Producer and the <strong>Guild</strong> are notified <strong>of</strong> the agreed form <strong>of</strong> such creditprior to final determination <strong>of</strong> the credits in accordance with the terms<strong>of</strong> this Article;such credit shall be final and binding on all parties.ASSIGNMENT OF RIGHTSA944 In any contract with a third party into which the Producer enters whichrelates to dealing with any rights in the work <strong>of</strong> a Writer, the Producer shallobtain an undertaking that such third party will:a) in the case <strong>of</strong> an assignment <strong>of</strong> rights in such work for the purpose <strong>of</strong> theproduction <strong>of</strong> a program, assume and perform the obligations to the Writer<strong>of</strong> the Producer herein contained;b) in the case <strong>of</strong> a contract for the distribution or sale <strong>of</strong> any program inrespect <strong>of</strong> which such Writer is entitled to credit hereunder, accord theWriter such credit on all copies <strong>of</strong> such program made or issued by suchthird party, and in all paid advertising (subject to the exclusion set out inArticle A926) issued by or under the direct control <strong>of</strong> such third party, inwhich the name <strong>of</strong> the director <strong>of</strong> such film appears, and the size <strong>of</strong> thecredit shall be the same as that <strong>of</strong> the director.A945 The Producer shall be relieved <strong>of</strong> its obligations to accord Writer credit onall copies <strong>of</strong> the Production made or issued by a third party as referenced inArticle A944(b) only if the Producer obtains a signed copy <strong>of</strong> theundertaking provided in Appendix U and delivers it to the Writer.Should the Producer fail to obtain such undertaking, the Producer shall41

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