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Article D1 - Conditions Governing Engagement

Article D1 - Conditions Governing Engagement

The provisions of Articles B and C apply to Other Production except as specifically modified herein:

D101 A Script for Other Production may be contracted, written and paid for either

  1. as a whole, or
  2. in separate stages as provided below.
D102

When the Producer contracts for a complete Script by stages, the Script Fee shall be allocated to each stage and paid as follows:

  1. on delivery of the Outline                                  25%
  2. on delivery of the First Draft Script                    50%
  3. on delivery of the Second Draft Script               25%
D103 The Producer shall notify the Writer within twenty-eight (28) days of delivery of an Outline or First Draft Script whether or not it wants the Writer to proceed to the next stage. The Producer may extend the period during which such notice is to be given for up to six (6) months on written notice to the Writer. Should the Producer not notify the Writer in writing of its decision regarding an Outline or First Draft Script or not exercise the right of extension within twenty-eight (28) calendar days, the Producer shall be deemed to have accepted the Outline or First Draft Script and the Writer shall proceed to the next stage.
D104 The Producer may terminate the process at the end of any stage outlined in D102.
D105 If a Script based on an Outline, First Draft Script or Second Draft Script is subsequently commissioned from another Writer, the original Writer of the Outline, First Draft Script or Second Draft Script shall receive payment which shall be subject to negotiation between the Producer and the original Writer, and a contact shall be executed between them prior to the commissioning of the writing of such Script by another Writer.
D106 Where a Writer originates in Script Material a sub-plot for any program or Series or Serial or a character who subsequently appears on any program or Series, the payments and credits the writer shall receive for any use made of such sub-plot or character other than in a Script written by him/herself shall be subject to individual negotiations between the Writer and the Producer. Such negotiations for the use of the character(s) or sub-plot shall take place at the time of original contracting of the Writer, or at a time prior to the commissioning of Script(s) from other Writers. Such payments shall in no case be less than fifteen percent (15%) of the Writer’s original Script Fee, that original Script Fee being understood to be the fee for the complete Script, stage or revisions contracted for, whichever is applicable.

 

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