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

ii) what the development format is to be based upon (e.g. whether basedon an idea in written or oral form, created by whom, provided bywhom);iii) fees in respect of the writing services;iv)copyright ownership by either party in, or the Producer’s license to,the Development Proposal or Concept and/or Bible;v) entitlement to “Created by” or other credit; andvi) any ongoing obligations to the parties.ARTICLE B3 – OPTIONSB301B302An Option contract grants the Producer the exclusive right, within aspecified period, to acquire a license to produce a production based on theoptioned Script Material. An Option contract does not convey such licensein or of itself.Changes to and/or additional development of the optioned material may bemade before this license is obtained by (i) negotiating with the originalWriter, and (ii) contracting the new writing in accordance with the termsof this Agreement. In these circumstances, on the exercise of the optionthe Producer shall acquire a license to the optioned material as well as thechanges and/or additional development contracted.If the Producer contracts new Script Material with the original Writerunder this Agreement based on the optioned material, but does notexercise the option within the specified period, the Writer may grant anoption, license or assign the rights to the contracted changes to asubsequent Producer provided that:i) the Writer advises the subsequent Producer of the existence of thecontract with the original Producer;ii) prior to signing a contract with the subsequent Producer, the Writershall advise the original Producer of this fact; andiii) the contract between the Writer and the subsequent Producer shall bedeemed to provide that the subsequent Producer shall reimburse theoriginal Producer for its reasonable and verifiable developmentexpenses, which amount shall be determined by the original Producerand the subsequent Producer.62

The Writer may negotiate with such subsequent Producer that the ScriptFees previously paid for the changes and/or additional development are notto be deducted from the Production Fee to be paid to the Writer.B303B304An Option contract between a Producer and a Writer shall specify:i) The payment of the Option fee, for which the Producer is granted theexclusive right to acquire a license to produce the Script Material;ii)The Option period, including renewals, which shall not exceed five(5) years;iii) The fee for each year of the Option, which shall not be less than tenpercent (10%) per year (five percent (5%) per year in the case ofFeature Films, commencing in 2013) of the fee payable on theexercise of the Option. This amount may be prorated;iv)That the only fee(s) deductible from the fee payable on exercise of theOption are Option fees paid with respect to the first eighteen (18)months;v) The stage of development of the Script Material being optioned andwhich will be acquired on the exercise of the Option (e.g. Treatment,First Draft Script, Second Draft Script, etc.); andvi)That if the Option contract provides for assignment, the Producershall give written notice to the Writer immediately upon suchassignment.An Option contract between a Producer and a Writer of three (3) monthsor less shall be completely negotiable between that Producer and Writerand shall not necessarily be subject to the provisions of this Article. In thecase of Feature Films, this period may be six (6) months or less, for thefirst six (6) months.63

ii) what the development format is to be based upon (e.g. whether basedon an idea in written or oral form, created by whom, provided bywhom);iii) fees in respect <strong>of</strong> the writing services;iv)copyright ownership by either party in, or the Producer’s license to,the Development Proposal or Concept and/or Bible;v) entitlement to “Created by” or other credit; andvi) any ongoing obligations to the parties.ARTICLE B3 – OPTIONSB301B302An Option contract grants the Producer the exclusive right, within aspecified period, to acquire a license to produce a production based on theoptioned Script Material. An Option contract does not convey such licensein or <strong>of</strong> itself.Changes to and/or additional development <strong>of</strong> the optioned material may bemade before this license is obtained by (i) negotiating with the originalWriter, and (ii) contracting the new writing in accordance with the terms<strong>of</strong> this Agreement. In these circumstances, on the exercise <strong>of</strong> the optionthe Producer shall acquire a license to the optioned material as well as thechanges and/or additional development contracted.If the Producer contracts new Script Material with the original Writerunder this Agreement based on the optioned material, but does notexercise the option within the specified period, the Writer may grant anoption, license or assign the rights to the contracted changes to asubsequent Producer provided that:i) the Writer advises the subsequent Producer <strong>of</strong> the existence <strong>of</strong> thecontract with the original Producer;ii) prior to signing a contract with the subsequent Producer, the <strong>Writers</strong>hall advise the original Producer <strong>of</strong> this fact; andiii) the contract between the Writer and the subsequent Producer shall bedeemed to provide that the subsequent Producer shall reimburse theoriginal Producer for its reasonable and verifiable developmentexpenses, which amount shall be determined by the original Producerand the subsequent Producer.62

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