ARTICLE D3 - DISTRIBUTION AND USE RIGHTS

D301 The payment of at least the minimum rates set forth in D2 shall entitle the Producer to :

  1. make a production based on the Script; and

  2. the right to distribute the Production subject only to the payment of the appropriate Residuals as set out in Article D302.
D302

Territory

Term

Minimum Percentage

a) Non-Theatrical (see Article A234) – World Copyright of film 0%
b) Theatrical – World Copyright of film

a) if contracted and paid at the time of the execution of the Writer’s original contract

25%
  b) if contracted after the execution of the Writer’s original contract 50%
c) TV Broadcast “Free” or “pay” (but not including Educational TV Broadcast)
Canada One run in each market 20%
Montreal, Toronto, Vancouver, Winnipeg One run in each market 10%
All other Canadian markets One run in each market 5%
United States One run in each market 40%
Single US markets One run in each market 10%
All other Countries One run in each market - each country 10%
Canada 15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract 50%
World other than Canada 15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract 75%
d) All TV Broadcast Uses (but not including Educational TV Broadcast)
World 15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract 125%
e) Educational TV    
Canada One run on one station 5%
Canada One run on more than one station or on multiple transmitters (e.g. OECA) 10%
f) Educational TV (not PBS – PBS is covered by “TV Broadcast”)
United States One run on one station 5%
United States One run on more than one station or on multiple transmitters (belonging to one organization) 10%
g) All Educational    
World 15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract 25%
h) All of the Above    
World 15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract 150%
D303 If credits are given to Writer(s) in Other Productions, the Writer(s) credits shall be no less in duration and size than the Producer’s credit.

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