ARTICLE 10 CREDITS AND CREDIT ARBITRATION
ARTICLE 10 CREDITS AND CREDIT ARBITRATION
|1002||As soon as reasonably possible prior to the first day of principal cast recording, the Producer shall send to the Guild and to every person who has been engaged by the Producer (or, with the knowledge of the Producer, to any predecessor of the Producer), to make a written contribution to the Script, or who has been engaged as a Story Editor, a draft of the intended writing and story editing credits. Such notice shall be in the form of Schedule 2 and will indicate the order in which the Producer proposes to announce the names of the Writers and Story Editors accorded credit, and the placement of the writing, subsidiary writing credits, and story editing credits in the credit sequence.|
|1004||In each contract with a Writer for a Feature Film or Television Production, the Producer shall provide credits to be given a Writer or Story Editor in accordance with the terms of this Article. In the absence of such a provision, the terms of this Article shall be deemed to be incorporated into such a contract. In any case in which a director or a Producer or an Executive Producer who is not the sole Writer claims or is accorded a writing credit, the Producer shall automatically notify the Guild and an arbitration shall follow under the rules of Articles 1004 to 1019.|
|1005||If a written objection is received by the Producer and the Guild from any Writer to whom such a draft has been sent, such objection shall (subject to Article 1019) be dealt with as follows:|
|1006||The Guild shall forthwith appoint three Arbitrators to adjudicate on the objection in accordance with the Guilds established guidelines for credit arbitration, a copy of which shall be furnished to the Association. Arbitrators appointed under this provision are not arbitrators within the meaning of any labour relations legislation. The Credit Arbitration procedure must be completed before the grievance and arbitration procedure in Article 9 - Grievance Procedures and Resolution, or any expedited arbitration provision in any labour relations legislation, may be initiated.|
|1007||Within seven (7) days of the objection being received by the Producer, the Producer shall deliver to the Guild four (4) legible copies of all Script Material as available relating to the program which it may have in its possession and shall notify the Guild of any such material which has previously been submitted to the Producer but which the Producer does not have a copy thereof. The Guild shall make best efforts to obtain such material and will submit such material to the Producer to verify that the Producer actually received such material. Where the Production is based on Source Material, the Producer shall also deliver four (4) copies of the Source Material to the Guild.|
|1008||The Guild shall prepare a list of all materials received and shall forward in the next business day the list to the Producer and all participating writers to sign as confirmation that all Script Material has been included. If any writer indicates that additional Script Material is missing, the Guild shall make best efforts to obtain such material and will submit such material to the Producer to verify that the Producer actually received such material. Only Script Material or Source Material submitted to the Producer shall be submitted to the Arbitrators.
For the purposes of credit arbitration, a participating writer shall be any person :
If there is any uncertainty or dispute as to whether an individual fits the criteria for participating writer, the Guild's Credit Committee will be consulted for a ruling which shall be final and binding on the parties.
|1009||The credit arbitration shall commence when the Guild receives the signed confirmation referenced in Article 1008 from the Producer and all participating writers. In the absence of signed confirmation from any party, that party (the non-respondent) shall be deemed to have confirmed the list of materials forty-eight (48) hours after receipt of such list of materials.|
|1010||If there is uncertainty or dispute as to whether the material is Script Material, Source Material or whether or not the material was submitted to the Producer, the Guild's Credit Committee shall determine whether or not the material shall be submitted to the Arbitrators. The ruling of the Credit Committee shall be final and binding on the parties.|
|1011||The Producer shall, if requested by the Arbitrators, co-operate with the Arbitrators to arrive at a just determination by furnishing any available information required by the Arbitrators and shall provide them with a copy of the program if it is available at the time of arbitration.|
|1012||All representations made to the Arbitrators shall be in writing. Both the Producer and the Guild hereby recognize the need for arbitration to be conducted in such a way as to preserve at all times the anonymity of the Arbitrators.|
|1013||Participating writers are permitted, but not obligated, to submit a personal or chronological statement or both, within five (5) days of notice from the Guild that a credit arbitration is required. Statements shall accompany the material going to the Arbitrators. Statements shall be copied to all participating writers who have submitted a statement. Participating writers may then prepare a response which is due no later than three (3) days following receipt of the other writers statement(s). All responses shall also form part of the list of material submitted to the Arbitrators.|
|1014||Within twenty-one (21) days, (thirty (30) days in the case of Feature Films, Television Movies, Mini-Series and Documentaries) of receipt by the Guild of signed confirmation from the Producer and all participating writers as per Article 1008 above or deemed approval as per Article 1009 of all material referred to in Article 1007, the Arbitrators shall deliver their decision in writing to the Guild. The Guild shall immediately convey the decision in writing to the Producer.|
|1015||The decision of the Arbitrators, or the majority of them in the case of disagreement, shall be final and binding on all parties, provided always that if the Arbitrators fail to communicate their decision to the Guild within the period of twenty-one (21) days (thirty (30) days in the case of Feature Films, Television Movies, Mini-Series and Documentaries) the credits proposed by the Producer shall be final and binding on all parties.|
|1016||The program shall not be commercially exploited until the credit arbitration is complete. However, when the Producer has imminent delivery dates, the Guild will endeavor to expedite the arbitration.|
|1017||The decision of the Arbitrators may be published in such media as the Guild may determine.|
|1018||With respect to Article 10, the Writers, Guild (on its own behalf and on behalf of its members), Arbitrators and Credit Committee (the Releasing Parties) release, hold harmless and forever discharge all of the other Releasing Parties from any and all actions, causes of action, claims and demands for damages which may have been or thereafter may be sustained in connection with any proceeding before the Arbitrators and/or the Credit Committee, the decisions of the Arbitrators and/or the Credit Committee, and/or any publication of the findings and/or decisions of the Arbitrators and/or the Credit Committee. In addition, the Releasing Parties agree to not make any claim or take any proceeding against any third party to the credit arbitration who or which might claim contribution or indemnity from the other Releasing Parties. Nothing in this article shall be construed so as to restrict the parties right to pursue a grievance in accordance with Article 9.|
|1019||If the work of one or more of the persons who have contributed to the script of the program is not subject to the terms of this Article 10, then in the event of Arbitration the Arbitrators may take into account the provisions of any agreements which the Guild may have with any foreign association of Writers for the determination of credit in such circumstances.|
List of Recommended Credits for Animation Productions:
· Written by
For use in all productions where a Writer has written both the Story and the script for a program.
· Screenplay by
For use in Feature Films where a Writer has made a substantial written contribution to the writing of a script. This credit to be accompanied by Story by or Screen Story by
· Teleplay by
For use in Television productions where a Writer has made a substantial written contribution to the writing of a script. This credit to be accompanied by Story by or Screen Story by
· Story by
For use in Feature Films (combined with Screenplay by ) or Television productions (combined with Teleplay by ) where a Writer contributes to a script by providing the Story upon which the script is substantially based.
· Screen Story by
Used in place of Story by when the script has been based on source material.
All of the above credits are non-binding, recommended forms only, as per Article 1001(b) above.