Printable PDF verion - Writers Guild of Canada
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Printable PDF verion - Writers Guild of Canada

Printable PDF verion - Writers Guild of Canada Printable PDF verion - Writers Guild of Canada

wgc.ca
12.07.2015 Views

) At least annually and while the production is in distribution, theProducer shall furnish to the Guild, a statement of all Distributors’Gross Revenue certified as correct by the Producer in the form of, anddisplaying the information required in Appendix G. Each report shallbe delivered to the Guild 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 ofthe production to the Distributor. The reports shall be accompanied bythe aggregate Distribution Royalty payments payable to Writers and anoutline of the method of calculation of the Distribution Royalty. TheGuild shall be entitled to appoint one or more person(s) to examine therecords of a Producer relating to a Feature Film or program for thepurpose of satisfying itself as to the propriety of the statement.c) Distribution Royalty payments due under the terms of this Agreementshall be paid to the Writers out of Distributors’ Gross Revenue inpriority to payments due to all other parties entitled to a share of 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 of a Distributor that is not at arm’s length to the Producer,accrued) until the disbursement of same to the Guild on the due date,i.e. the date that each report is due.d) At the request of the Guild, the Producer will consent to the release oftrue copies of 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 of a package of Feature Films or programs, the DistributionRoyalty payments arising on account for such distribution shall be paidthe Guild in trust for the Writers entitled thereto. The Guild shalldetermine the allocation of such payments to such Writers, taking intoaccount the Producer’s allocation of the revenue among the FeatureFilms or programs in any package. The Producer shall report suchallocation when remitting the Distribution Royalty payments.48

f) Each Distribution Royalty payment to the Guild in the case of royaltiesarising from the distribution of a of Feature Film or program as part ofa package, shall be accompanied by the Distribution Royalty PaymentForm which is Appendix G of this Agreement. The Producer shallprovide all information specified on the Form. At the time of payment,one copy of the Form shall be sent to the Writer and one copy shall besent to the Guild.g) Fair Market Value: The Producer and/or distributor shall meet with theGuild to determine the fair market value of a program should suchprogram be distributed for use by means of barter or exchange or othermeans for which a nominal fee or no fee is charged, or as part of apackage of programs. The Distribution Royalty payments to Writersshall be based on such agreed fair market value.h) If a Producer acts as a distributor for a production or as a subdistributoror has any interest in a distribution company that handlesthe production, this Article shall apply.A1111 If a Writer, Story Editor or Story Consultant is entitled to a share of thegross revenues or profits (or net revenues or profit, as the case may be)from a Feature Film or television program produced under this Agreement,then the definition of gross (or net) revenues or profits used to calculatesuch Writer’s, Story Editor’s or Story Consultant’s share shall be no lessfavourable than the definition used to calculate the share of any otherperson(s) entitled to share in such gross (or net) revenues or profits.A1112 The Writer(s) of a Script and the Guild shall be entitled to appoint one ormore persons (the “representative”) who, for the purpose of verifying thepropriety of payments made under this Agreement, shall have the right toexamine and audit, during normal business hours, all books, records,accounts, receipts, disbursements and any other relevant documentsrelated to a production based on the Script. Upon giving reasonable noticeto the Producer, the representative(s) shall be entitled to enter at normalplace of business at annual intervals or more frequently, if warranted bythe circumstances, as determined by the Guild. Such persons shall treatsuch information as confidential and shall use it only in relation to thematter at issue. The Producer shall forthwith pay the Writer(s) anypayments found to be owing as a result of such audit. If the aggregate49

f) Each Distribution Royalty payment to the <strong>Guild</strong> in the case <strong>of</strong> royaltiesarising from the distribution <strong>of</strong> a <strong>of</strong> Feature Film or program as part <strong>of</strong>a package, shall be accompanied by the Distribution Royalty PaymentForm which is Appendix G <strong>of</strong> this Agreement. The Producer shallprovide all information specified on the Form. At the time <strong>of</strong> payment,one copy <strong>of</strong> the Form shall be sent to the Writer and one copy shall besent to the <strong>Guild</strong>.g) Fair Market Value: The Producer and/or distributor shall meet with the<strong>Guild</strong> to determine the fair market value <strong>of</strong> a program should suchprogram be distributed for use by means <strong>of</strong> barter or exchange or othermeans for which a nominal fee or no fee is charged, or as part <strong>of</strong> apackage <strong>of</strong> programs. The Distribution Royalty payments to <strong>Writers</strong>shall be based on such agreed fair market value.h) If a Producer acts as a distributor for a production or as a subdistributoror has any interest in a distribution company that handlesthe production, this Article shall apply.A1111 If a Writer, Story Editor or Story Consultant is entitled to a share <strong>of</strong> thegross revenues or pr<strong>of</strong>its (or net revenues or pr<strong>of</strong>it, as the case may be)from a Feature Film or television program produced under this Agreement,then the definition <strong>of</strong> gross (or net) revenues or pr<strong>of</strong>its used to calculatesuch Writer’s, Story Editor’s or Story Consultant’s share shall be no lessfavourable than the definition used to calculate the share <strong>of</strong> any otherperson(s) entitled to share in such gross (or net) revenues or pr<strong>of</strong>its.A1112 The Writer(s) <strong>of</strong> a Script and the <strong>Guild</strong> shall be entitled to appoint one ormore persons (the “representative”) who, for the purpose <strong>of</strong> verifying thepropriety <strong>of</strong> payments made under this Agreement, shall have the right toexamine and audit, during normal business hours, all books, records,accounts, receipts, disbursements and any other relevant documentsrelated to a production based on the Script. Upon giving reasonable noticeto the Producer, the representative(s) shall be entitled to enter at normalplace <strong>of</strong> business at annual intervals or more frequently, if warranted bythe circumstances, as determined by the <strong>Guild</strong>. Such persons shall treatsuch information as confidential and shall use it only in relation to thematter at issue. The Producer shall forthwith pay the Writer(s) anypayments found to be owing as a result <strong>of</strong> such audit. If the aggregate49

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