Section F: Digital Production

F101 Digital Production means audio-visual or visual-only (i.e. with moving images, or electronically- or otherwise-generated images that simulate movement) production produced for initial exhibition on the Internet or other non-traditional, non-broadcast platforms and is transmitted from a server or other non-broadcast transmitting technology to a screen at the end user's location.
F102 The Writer and the Producer shall negotiate in good faith in relation to the terms and conditions of engagement of the Writer, and at a minimum,
i. the Producer shall be required to make contributions, on behalf of the Writers, on account of Insurance & Retirement Plans as per A13 of the IPA; and
ii. remit administration fees and make deductions from each Writer's remuneration as per Articles A12 and A13; and
iii. the Writer's credit must appear on the same platform and in the same manner where the producer and/or director are credited; and
iv. use the Standard Writer Contract for Digital Production provided in the IPA (Appendix M).
F103
a. When a Digital Production is licensed for Television Use, the Producer shall pay to the credited Writer(s) contracted under the Agreement (subject to Article C1010) a Distribution Royalty of three point two percent (3.2%) of the total amount of the Distributor's Gross Revenue less the amount that is equal to one hundred percent (100%) of the Budget less any Canada Media Fund licence fee top-up, as set out in Articles C1101 to C1103.
b. A Television Use occurs when a Digital Production is licensed for any Free or commercial Television, pay television or cable television broadcast, or exhibition on any subscription video-on-demand service owned or controlled by a CRTC licensed broadcasting entity (e.g. CraveTV, shomi) other than a licence for promotional use only for which there is no fee.
c. For clarity, (i) if a Digital Production is not licensed for a Television Use, no Distribution Royalty shall be owing; and (ii) Article F103 shall only be applicable to those Writer contracts entered into after March 16, 2015.
F104 Advance Negotiation relating to Digital Productions

The Parties to the Agreement agree that Section F may be negotiated in advance of the expiry of the Agreement. Notwithstanding the foregoing, no strike or lockout shall occur prior to the expiry of the Agreement. For greater clarity, advance negotiation of Digital Production issues cannot trigger Appendix A, nor can it prevent the usual application of Appendix A.

F105 Digital Production Subcommittee Mandate and Composition
a. Mandate

The Digital Production Subcommittee may address any Digital Production issues that arise from or are related to Section F of the Agreement.

b. Composition

The Digital Production Subcommittee shall comprise no less than six (6) representatives from the Associations and six (6) representatives from the Guild. The parties acknowledge and agree that the ongoing consistency of individuals participating in the Digital Production Subcommittee is essential to its operation and the fulfillment of its mandate. Accordingly, the Associations shall designate two (2) staff persons and an alternate for each as well as four (4) members to form part of the Digital Production Subcommittee. The Guild shall also designate two (2) staff persons and an alternate for each as well as four (4) members to form part of the Digital Production Subcommittee.


Digital Production Subcommittee: Frequency of Meetings

The Digital Production Subcommittee shall meet a minimum of twice per year during the term of the Agreement, with such meetings to commence no later than three (3) months following the date of ratification of the 2015-2017 Agreement. Unless otherwise agreed, each party shall be responsible for its own costs in respect of the Digital Production Subcommittee meetings.

F106 Upon successful completion of the Digital Production Subcommittee negotiations contemplated above, a majority of the members of the Digital Production Subcommittee shall execute a Memorandum of Agreement containing proposed amendments to Section F or any other proposals agreed upon by the Digital Production Subcommittee, and shall ratify according to the practices of the Parties. The Parties agree that upon ratification, the amendments set out in the Memorandum of Agreement shall become effective. Unless otherwise indicated in the Memorandum of Agreement, all provisions of Section F shall remain in force and effect until the expiry of the Agreement.

 

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NOVEMBER 21, 2017
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NOVEMBER 21, 2017

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