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Printable PDF verion - Writers Guild of Canada

Printable PDF verion - Writers Guild of Canada

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) At least annually and while the production is in distribution, theProducer shall furnish to the <strong>Guild</strong>, a statement <strong>of</strong> all Distributors’Gross Revenue certified as correct by the Producer in the form <strong>of</strong>, anddisplaying the information required in Appendix G. Each report shallbe delivered to the <strong>Guild</strong> in the same manner and frequency as theProducer reports to government agencies and/or other financiers. Thefirst reporting period ends ninety (90) days following the delivery <strong>of</strong>the production to the Distributor. The reports shall be accompanied bythe aggregate Distribution Royalty payments payable to <strong>Writers</strong> and anoutline <strong>of</strong> the method <strong>of</strong> calculation <strong>of</strong> the Distribution Royalty. The<strong>Guild</strong> shall be entitled to appoint one or more person(s) to examine therecords <strong>of</strong> a Producer relating to a Feature Film or program for thepurpose <strong>of</strong> satisfying itself as to the propriety <strong>of</strong> the statement.c) Distribution Royalty payments due under the terms <strong>of</strong> this Agreementshall be paid to the <strong>Writers</strong> out <strong>of</strong> Distributors’ Gross Revenue inpriority to payments due to all other parties entitled to a share <strong>of</strong> theDistributors’ Gross Revenue. The Producer shall be deemed to holdthe aggregate Distribution Royalty payments in trust for the Writer(s)from the time that Distributors’ Gross Revenue are received (or, in thecase <strong>of</strong> a Distributor that is not at arm’s length to the Producer,accrued) until the disbursement <strong>of</strong> same to the <strong>Guild</strong> on the due date,i.e. the date that each report is due.d) At the request <strong>of</strong> the <strong>Guild</strong>, the Producer will consent to the release <strong>of</strong>true copies <strong>of</strong> the reports dealing with Distributors’ Gross Revenue,which have been filed with the government agencies and/or otherfinanciers.e) When a Feature Film or program is distributed or otherwise exploitedas part <strong>of</strong> a package <strong>of</strong> Feature Films or programs, the DistributionRoyalty payments arising on account for such distribution shall be paidthe <strong>Guild</strong> in trust for the <strong>Writers</strong> entitled thereto. The <strong>Guild</strong> shalldetermine the allocation <strong>of</strong> such payments to such <strong>Writers</strong>, taking intoaccount the Producer’s allocation <strong>of</strong> the revenue among the FeatureFilms or programs in any package. The Producer shall report suchallocation when remitting the Distribution Royalty payments.48

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