This section is self-contained. It is to be read without reference or prejudice to the other portions of the IPA.
ARTICLE 1 RECOGNITION AND SCOPE OF THE ANIMATION SECTION
|101||The Producer recognizes the Guild as the exclusive bargaining agent for all Animation Writers and Animation Story Editors of Animation Production written in English.|
|102||This section applies to Writers and Story Editor members of the Writers Guild of Canada. This section shall not apply to a regular employee of the Producer whose duties include writing when writing an Animation Production. For the sole purpose of the introduction of this section and without admission from any party as to the relevancy of such a criteria, the provisions of this section will also apply with respect to non-member Writers and Story Editors commissioned by a member of the Association provided such Writers and Story Editors would be considered a Quebec cost under Quebec Tax Credit legislation.
When a Producer engages a non-member Writer or Story Editor for animation writing, the Producer shall send to the Guild written notification of the name of the writer and his/her address.
|103||The section applies to all Animation writing. The parties agree that this section is complete and contains all provisions with respect to Animation writing. For purposes of clarity, none of the terms and conditions of the IPA or any other schedule or appendix attached thereto shall apply to Animation writing.|
|104||All terms of this Section shall be deemed to be included in each individual contract between a Producer and an Animation Writer or Animation Story Editor, except where specific terms more beneficial to the Animation Writer or Animation Story Editor are included in the individual contract in place of the relevant minimum terms in this Section. If any provisions of any individual contract conflict with the minimum terms and conditions of this Section, then this Section shall prevail, and in such event the conflicting provisions of the individual contract shall be deemed to be modified to the extent necessary to cause it to conform to the terms and conditions of this Section and, as modified, the individual contract shall continue in full force and effect.|
|105||Nothing in this section limits the Animation Writer from individually negotiating with the Producer, rights or benefits superior to the terms and conditions set out in this section.|
|106||Prior to contracting an Animation Writer or Animation Story Editor, Producers outside Quebec shall sign a Voluntary Recognition Agreement for Animation Production as follows on their own letterhead and forward to the Guild. This Voluntary Recognition Agreement for Animation Productions shall constitute a binding obligation by the Producer to the terms and conditions of the Animation Section of the Independent Production Agreement (see Schedule 1 of this Section).|
|107||There shall be no discrimination against any Animation Writer or Animation Story Editor because of race, ancestry, place of origin, creed, religion, gender, age, record of offenses (other than offences related to copyright infringement), marital status, family status, disability, sexual orientation or political affiliation.|
|108||To the extent it applies the GST (and/or Provincial and/or harmonized sales tax) shall be paid in addition to all amounts set out in this agreement.|
|109||Upon receipt of materials as scheduled in the Animation Writers contract, the Producer shall pay all sums due to the Animation Writer within fifteen (15) calendar days and no payment shall be contingent upon the acceptance or approval by the Producer of the Animation Writers material.|
|110||When any payment is late, the Producer shall pay the Animation Writer or Animation Story Editor interest on the overdue sum at the rate of twenty- four percent (24%) per annum, computed on a monthly basis.|
|111||Payment shall be made directly to the Animation Writer or Animation Story Editor unless written authorization has been received by the Producer from the Animation Writer or Animation Story Editor authorizing payment to a third party.|
|112||No portion of any fee provided in this Agreement shall be deferred for any reason.|
|113||In the event that an Animation Writer fails to meet a deadline specified in his or her contract, the Producer may decline to deal further with the Animation Writer, being obliged to pay only for work already completed and delivered on time. However, if an Animation Writer fails to meet a deadline specified in his/her contract by reason only of the Animation Writers incapacity which adversely affects the progress of production in a material way or unreasonable refusal to deliver the Script Material, the Producer may elect, by written notice to the Animation Writer, to terminate the Producers obligation to accept delivery and pay for any Script Material due on or after the missed deadline (the Late Material), notwithstanding that the contract may specifically deny the Producers right to terminate. If the Producer delivers such notice, the Producer shall be deemed to have acquired an assignment in the Script Material delivered prior to the missed deadline and shall be entitled to engage one or more other Animation Writers to write the Late Material.|
|114||The Producer agrees to notify an Animation Writer, before the Animation Writer is engaged on any assignment, of the names of all other Animation Writers previously engaged by the Producer who have been assigned to work on the same material. The Producer shall also notify the Animation Writers then working on such material of the name(s) of any additional Animation Writer(s) engaged.|
|115||There shall be no speculative writing and therefore no Producer may require an Animation Writer to submit Script Material without a written contract.|
|116||Should a Producer wish revisions to an unsolicited Script, a contract for the Script must be entered into with the Writer before a contract for revisions is negotiated.|
|117||Whenever the Producer contracts an Animation Writer or Animation Story Editor, a fee for the work contracted shall be negotiated and a contract signed before the Animation Writer or Animation Story Editor begins work.|
|118||No purely oral agreement shall be binding, nor shall it constitute grounds for an investigation of a complaint by either of the parties concerned. Every contract shall be signed before the work begins on a contracted Script, and before any requested revision is begun or before production begins, whichever is sooner, in the case of an unsolicited Script.|
|119||A Notice of Engagement form as in Appendix E shall be filed with the Guild if there is not yet a signed contract. A copy of every contract between an Animation Writer or Animation Story Editor and any Producer adhering to this Agreement shall be deposited with the Guild office by the Producer within seven (7) days of the signing of the contract. Copies of contracts provided to the Guild are to be strictly confidential between the Producer, the Animation Writer or Animation Story Editor, and officers of the Guild. The information contained in these contracts is not to be released by the officers of the Guild to any other persons.|
|120||The Producer shall pay for all stages contracted (except in the case of termination) even if the Producer waives delivery of a stage.|