ARTICLE 8 - COPYRIGHT

 

801
The Producer acknowledges that the Animation Writer is the owner of copyright in the Script Material.

802
Upon payment in full to the Animation Writer of the Script Fee and subject to Articles 803 and 811, the Producer shall be deemed automatically granted from the Animation Writer an exclusive licence for the full term of copyright (and any extensions thereof) to exploit by any manner or means, now or hereafter known the copyright in the Script Material. In connection therewith and upon request of the Producer, the Animation Writer shall execute an exclusive written licence to evidence the foregoing, including but not limited to the right to produce, reproduce, publish and perform in public the Script Material or any substantial part thereof in any material from whatsoever.

  1. This right includes but is not limited to the sole right to make, reproduce, adapt, edit and publicly present in any language the Script Material as an Animation Production by means, now or hereafter known, of which the Script Material may be reproduced and performed.
  2. This right includes, but is not limited to, the right to copy, sell, distribute, make available, rent out, communicate to the public by telecommunication (including the Internet), and to incorporate the Script Material into any other derivative works for sale and distribution.

803
Notwithstanding the licence set forth in Article 802, the Writer hereby reserves the right to collect from SACD, SCAM, or any other collective society representing such Writer, copyright royalties that may be payable to such Writer that derive from communications to the public by telecommunication of the Animation Production in Canada, France, Belgium, Switzerland, Monaco, Luxembourg, Bulgaria, or Spain, under agreements that have been or may be entered into between such collective societies and third parties. Accordingly, it is understood that, in said countries, the Producer shall have the duty to remind the broadcasters with whom it contracts directly that any obligation the television broadcasters have undertaken with the Producer shall not release them from obligations they have contracted or may contract with SACD, SCAM, or any collective societies representing them.

Furthermore, the Producer and Writer acknowledge that they are both entitled to an equitable share of the royalties collected for any retransmission of the production.

804
Nothing in this Animation Section limits the Animation Writer and the Producer from negotiating alternative division of rights with respect to copyright in the Script Material to that described in 802 above.

805
The Producer has the right to add to, delete from, change, modify and amend the Script Materials, and to use same in connection with any and all goods, services, products and institutions. Furthermore, the Producer owns absolutely all copyright in the Production and shall be free from any claim to copyright in the Production by the Animation Writer, but subject always to the payment to the Animation Writer of the Script Fee.

806
For greater clarity, the Animation Writer hereby assigns and shall assign the exclusive perpetual worldwide Merchandising Rights to the Producer unless otherwise agreed between the Animation Writer and Producer.

807
Upon payment of the contracted Script Fee and in the absence of any written agreement to the contrary, an Animation Writer shall not have any claim of any interest in the Animation Production based on Script Material contracted under this Animation Section.

808
The Animation Writer retains the right to collect any prize or monies awarded for the screenplay of an Animation Production.

809
Nothing in this Animation Section or any individual contract to which this Animation Section applies shall diminish any otherwise existing rights of the Producer to collect any of the "Producer's share" of Secondary Use Payments in connection with any Animation Production based on Script Material.

810
Subject to any successful claim for a share of retransmission royalties by the Guild or the Canadian Screenwriters Collection Society or change to existing legislation, all net amounts collected and distributed by Collective Societies in respect of the retransmission in North America of Animation Productions based on the Script Material are deemed receivable by the Producer.

Nothing in this Animation Section shall preclude the Guild or the APFTQ from commencing or participating in proceedings before any court or tribunal and/or lobbying for legislative changes regarding retransmission payments in North America or Secondary Use payments.

811
The Producer has the duty to remind the broadcasters that the obligations contracted by them with the Producer will not release broadcasters from the obligations it has contracted or will have to contract with any Collective Society.

Back to Table of Contents
Book

Canadian Screenwriter fall 2017 is on newsstands now. View excerpts, and subscribe here.

Upcoming Events
Upcoming Events
SMTWTFS
   1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30   
previousnext
NOVEMBER 29, 2017
  • Whistler Film Festival

NOVEMBER 29, 2017

Whistler Film Festival

Whistler Film Festival whistlerfilmfestival.com

  List of all Events