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Printable PDF verion - Writers Guild of Canada

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B113a) Where a Writer originates in Script Material any Story, concept orformat that becomes the basis for or is used in any subsequent programor episode <strong>of</strong> a Series or Serial s/he shall receive payment and creditbut no share <strong>of</strong> the Distribution Royalty or Production Fee for eachsuch use in each program or episode <strong>of</strong> a Series or Serial other than in aTelevision Script written by the Writer.b) Where a Writer originates in Script Material any character that appearsin any program or episode <strong>of</strong> a Series or Serial subsequent to theprogram for which the material was created, s/he shall receive paymentfor each such use in each program or episode <strong>of</strong> a Series or Serialexcept:i) in a Television Script written by the Writer;ii) in a program or episode <strong>of</strong> a Series or Serial for which the Writer isreceiving a royalty payment under B113(a).c) The payment the originating Writer shall receive for each such useunder B113(a) or B113(b) shall be subject to individual negotiationbetween the Writer and the Producer and such negotiation shall takeplace at a time prior to the commissioning <strong>of</strong> any Television Scriptfrom any other Writer. Payment shall entitle the Producer to, in thecase <strong>of</strong> B113(a), the exclusive license to use the Story, concept orformat, and in the case <strong>of</strong> B113(b) the exclusive license to use thecharacter, in any program, Series or Serial subsequent to the programfor which the material was created. The payment shall in no case beless than:i) in the case <strong>of</strong> B113(a), 15% <strong>of</strong> the minimum Script Fee applicableto the originating Writer’s services and;ii) in the case <strong>of</strong> B113(b), 7.5% <strong>of</strong> the minimum Script Fee applicableto the originating Writer’s services for each character. Thisminimum shall apply only to the first two characters on any oneprogram or episode <strong>of</strong> a Series or Serial.d) These royalties shall not be deducted from the Production Fee orDistribution Royalty.e) Notwithstanding the foregoing, with respect to Script Material forSeries contracted prior to the commencement <strong>of</strong> this Agreement, theprovisions <strong>of</strong> the agreement in effect when such Series was contracted58

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