SECTION B - CONDITIONS GOVERNING ENGAGEMENT
SECTION B - CONDITIONS GOVERNING ENGAGEMENT
ARTICLE B1 CONDITIONS GOVERNING ENGAGEMENT FOR ALL PROGRAM TYPES
Any amount in excess of the minimum Script Fees may be paid on a schedule to be negotiated by the Writer and Producer, but in any case shall be paid in full no later than delivery of the last stage provided for in the original contract. In the case of termination, any amounts in excess of the minimum Script Fees shall be paid pro rata with the minimum Script Fees, and paid at the time of termination.
A contract between a Writer and a Producer shall not provide for more than three stages and a Polish (or, in the case of a Documentary Script with Narration, four stages and a Polish) to be prepared by the Writer unless the Producer and the Writer agree on the appropriate additional fee for any additional stage.
Subsequent to the delivery of the Second Draft Script (Final Script in the case of a Documentary), the Producer may request further revisions for which a fee shall be negotiated between the Producer and the Writer.
The Producer shall notify the Writer in writing within twenty-one (21) calendar days of the receipt of a Treatment, Outline or First Draft Script whether or not the Producer wants the Writer to proceed with the next stage. Should the Producer not notify the Writer in writing of its decision regarding a Treatment, Outline or First Draft Script within the required twenty-one (21) calendar days, the Producer shall be deemed to have accepted the Treatment, Outline or First Draft Script and the Writer shall at once proceed to the next stage.
If the Producer wants the Writer to polish the Second Draft Script, he shall notify the Writer within twenty-one (21) calendar days of the delivery of the Second Draft Script. Such alterations shall not involve any substantial change in the story or structure, or the introduction of any major characters not included in the Script. One Polish is included in the Script Fee. If the Producer has not requested any revisions within twenty-one (21) calendar days, he shall be deemed to have accepted the Second Draft Script.
Where the Writer has been contracted for more than a single stage in any contract, the Producer may terminate such contract at the end of any stage except where the Script has been contracted with no right of termination. In the event of such termination, no rights shall pass to the Producer subject to B108 and B111.
- the writing of a Script pursuant to C110 based on a Treatment after termination;
- the writing of a Script pursuant to C308(b), C309(a), C409(b) or C410(a), based on a Story or Screen Story contracted under this Agreement;
- the writing of a Script pursuant to C309(b), C410(b), C510, or based on an Outline after a termination; or
- the Rewrite of a Script from a Writer other than the first Writer,
If the Producer licenses existing Script Material at any stage, the Producer shall pay the Writer one hundred percent (100%) of the appropriate Script Fee for all stages up to and including the stage licensed on signing of the contract.
- The Writer of an original Script shall be consulted in regard to all proposed changes, modifications, additions or deletions affecting meaning, intent, theme, characterization or plot development of the Script, and all editorial changes of a major nature. Any such changes to which the Writer agrees shall be made by the Writer.
- It shall not be a breach of this Article for the Producer to make minor Script changes during the production to meet the production needs. Any change that affects the meaning, intent, theme, characterization or plot development of a Script or any editorial change of a major nature shall not under any circumstances be considered "minor Script changes during the production to meet production needs".
- If an agreement has been entered into between a Writer and a Producer pursuant to B108 or if a Writer's contract has been terminated and an agreement has been entered into pursuant to B111, B110(a) shall not apply to that Writer in relation to changes made by a subsequently contracted Writer, unless the original Writer's contract provides otherwise.
In the case of a drama Series where a Bible for Series is provided to the Writer by the Producer, the Producer may terminate a contract on delivery of any stage contracted under C409 or C410, except where the Television Script has been contracted with no right of termination. In the event of such termination, the Producer may proceed with the work contracted by contracting another Writer, it being understood that the Producer has acquired a license to use the Script Material upon payment of the appropriate Script Fee. The Writer shall receive the appropriate percentage of the Production Fee and Distribution Royalty according to the credits accorded.
If the Producer claims that a Writer has been contracted to write a Television Script based on a Story composed or created by a production executive or employee of the Producer (other than a Story Editor), the Story and Television Script shall be subject to a credit arbitration as provided in Article A9. Should such a credit arbitration not award a credit to the production executive or the employee of the Producer, the Production Fee payable to the credited Writer(s) shall be calculated without taking into account the Script Fee paid to such uncredited production executive or employee. In the case of a Story Editor, the standard credit arbitration procedures shall apply.
- Where a Writer originates in Script Material any Story, concept or format that becomes the basis for or is used in any subsequent program or episode of a Series or Serial s/he shall receive payment and credit but no share of the Distribution Royalty or Production Fee for each such use in each program or episode of a Series or Serial other than in a Television Script written by the Writer.
- Where a Writer originates in Script Material any character that appears in any program or episode of a Series or Serial subsequent to the program for which the material was created, s/he shall receive payment for each such use in each program or episode of a Series or Serial except:
- in a Television Script written by the Writer;
- in a program or episode of a Series or Serial for which the Writer is receiving a royalty payment under B113(a).
- The payment the originating Writer shall receive for each such use under B113(a) or B113(b) shall be subject to individual negotiation between the Writer and the Producer and such negotiation shall take place at a time prior to the commissioning of any Television Script from any other Writer. Payment shall entitle the Producer to, in the case of B113(a), the exclusive license to use the Story, concept or format, and in the case of B113(b) the exclusive license to use the character, in any program Series or Serial subsequent to the program for which the material was created. The payment shall in no case be less than:
- in the case of B113(a), 15% of the minimum Script Fee applicable to the originating Writer's services and;
- in the case of B113(b), 7.5% of the minimum Script Fee applicable to the originating Writer's services for each character. This minimum shall apply only to the first two characters on any one program or episode of a Series or Serial.
- These royalties shall not be deducted from the Production Fee or Distribution Royalty.
- Notwithstanding the foregoing, with respect to Script Material for Series contracted prior to the commencement of this Agreement, the provisions of the agreement in effect when such Series was contracted shall apply to all episodes in the Series in lieu of the provisions of B113(c) and (d).
When a Television Script is contemplated for use after its initial telecast as the basis of a Series, as an alternative to Article B113, the Producer may acquire the exclusive license to use the characters and Script Material of the original Television Script as the basis for subsequent Series upon payment of a negotiated fee not less than fifty percent (50%) of the Script Fee, and shall acquire such license on payment of the negotiated amount. The Writer may also negotiate a royalty. No payments under this Article shall be applied against the Production Fee or Distribution Royalty of the subsequent Series.
- Should the Producer wish to acquire the rights to distribute or license the distribution of a Television Production for theatrical use, the Producer shall first contact the Writer(s) and pay the Writer(s) a sum calculated as follows:
- for any program more than sixty (60) minutes in length, not less that the difference between the current minimum Script Fee for a Feature Film stipulated in Article C101 and the then current minimum Script Fee for the program.
- for any program sixty (60) minutes or less in length; not less than a sum calculated as follows: one percent (1%) of the current minimum Script Fee for a Feature Film as stipulated in Article C101 for each minute of the program as originally contracted;
- In any contract for the conversion of such program to theatrical use, the Producer shall remain liable for the payment of the Distribution Royalty for the converted program as required under C11 of this Agreement.
- Should the Producer wish to contract a Writer to write a Television Script and include in that contract the right to distribute or license the distribution of the program for theatrical use, the Producer shall first contract for a Television Script and subsequently contract for conversion to theatrical use under B115. This requirement shall apply equally to any program prepared under any co-production agreement or contract to which the Producer is in any way a party.
- The Writer(s) of the program in which Excerpts are inserted shall be contracted under C409, C410, C509, C511, C608 or C706 of this Agreement and receive the full Script Fee.
- When Excerpts comprise more than twenty-five percent (25%) of the program time, the Writer(s) of the program which incorporates the Excerpts will receive a share of the Production Fee and Distribution Royalty based on the number of minutes in the program written by him/her divided by the number of minutes in the program. The remaining Production Fee and Distribution Royalty will be divided among the Writers of the Excerpts in the same manner.
- When Excerpts comprise twenty-five percent (25%) or less of the program time, the Writer(s) of the program which incorporates the Excerpts will receive one hundred percent (100%) of the Production Fee and Distribution Royalty.
- When Excerpts comprise twenty-five percent (25%) or less of the program time, Writer(s) of the Excerpts shall receive at least $175 for each minute or portion thereof.
- Credited Writers of Excerpts shall be listed under the credit "EXCERPTS WRITTEN BY...".
Adapting Material Created in Any Language Other Than English
When a Writer is engaged to adapt existing script material from any language other than English into any language other than French to suit a new cultural reality, which may include changes to the dramatic structure, characters, tone or geographic location, the Writer shall receive sixty percent (60%) of the relevant Script Fees in C101, C301, C402, C501, C506, C601, C701, C801, D201.
The Script Fee shall be allocated and paid as follows:
- on signing of the contract 15%
- on delivery of the First Draft Script 60%
- on delivery of the Second Draft Script 25%
The Writer shall be entitled to credit in accordance with all the terms and conditions contained in Article A9 relating to writing credit. In addition, the credit "ADAPTED BY " shall be considered as a minimum credit.
Adaptation for Narration Scripts shall be contracted at no less than sixty percent (60%) of the full Narration rate.Back to Table of Contents