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Article A2 Definitions

Article A2 - Definitions

 

A201

ADR means, for the purposes of this Agreement, the dialogue written and recorded during post-production for use in the final audio mix.

A202

Assumption Agreement means that instrument which, when signed by the Guild, relieves the Producer of its obligations pursuant to this Agreement, when those obligations have been assumed by a third party (Appendices I and J).

A203

Bible means a written guide for a Series describing the central premise, story and characters, the setting, format, genre, style, themes and continuing elements.  It may include detailed characterizations and describe the interplay among the principal and recurring characters.  Character and story arcs, story line and dialogue examples and production requirements may also be included.

A204

Book/Libretto means a Script or story line written for a musical work or an opera.

A205

Budget (either Certified or Non-Certified) means the total final budget prior to principal photography of all services and expenses, including but not limited to all production and post-production fees, salaries, services and related expenses, other than that part of the Production Fee payable on the first day of principal photography (i.e. Script Fees are included in the Budget).

A206

Certified Budget means the Budget as approved in writing by the completion guarantor or confirmed either in writing by any government agency, or through government documentation such as the CAVCO Part A or provincial advance ruling certificate (i.e. SODEC, etc.), whose financing requires review of a Budget.  In the case of an Official Treaty Co-Production, the advance ruling from Telefilm Canada shall constitute the required government documentation.  Written approval or confirmation shall be on completion guarantor or government agency letterhead substantially in the form of Appendix K and shall include production title, number of episodes, if applicable, and total budget amount (including all co-production amounts if applicable).  Producer shall immediately provide the Guild with any revised approval or confirmation letters which are as a result of changes to the Budget.

A207

Compact Devices means copies of programs on tape, disc, cassette, laser disc, CD-ROM, DVD or any other similar format manufactured and intended primarily for private, in-home exhibition.

A208

Concept means the written presentation of an idea for a Series or single Television Production (other than for a Television Movie or Mini-Series) describing the central premise, characters, setting and format.  It shall also include a working title and date of submission.  Genre, style, general appeal, target audience, and central story idea may not be provided but in the case of a Series, sample story ideas shall not be required (see Bible).  A Concept need not exceed 1250 words (five (5) pages double-spaced).

A209

Continuity means material written to link program elements which are not written by the Writer.

A210

Corporate Production means production not intended initially for television or theatrical distribution and includes sponsored, corporate, industrial and multi-media production. Corporate Production includes programs containing visual, audio tape, animation, graphics, photographs, print, interactive video disk, CD-ROM, slide tape, computers, chips and any other existing or new technologies.

A211

Daily Dramatic Serial means a dramatic serial produced for first run broadcast of five (5) episodes per week.

A212

Development Proposal means the written presentation of an idea for a Feature Film, Television Movie or Mini-Series consisting of the basic story elements and general descriptions of the principal characters. A Development Proposal need not include a scene-by-scene breakdown (see Treatment or Outline) and need not exceed 2500 words (ten [10] pages double-spaced).

A213

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.

A214

Distribution Royalty means a payment for use which is based on the Distributors’ Gross Revenue as provided in Articles A11 and C11.

A215

Distributors’ Gross Revenue means the monies derived from distribution of the program as provided in Articles A11 and C11.  (See Article C11 for the full definition.)

A216

Documentary means an information production not designed to be purely entertainment, and which may include drama or variety techniques in achieving its information goal.

A217

Documentary Final Narration means written material contracted under this Agreement and submitted in a mutually-agreed form consisting of a script written at the fine cut stage to be read by one or more narrators, for either voice over or on camera. It may include pre-recorded or improvised voice tracks.

A218

Documentary Initial Proposal or Outline means written material approximately eight (8) pages in length contracted under this Agreement and submitted in a mutually-agreed form which describes the intention of the Documentary, the style and general structure, potential interviews and locations.

A219

Documentary Rough Cut Narration means written material contracted under this Agreement and submitted in a mutually-agreed form which consists of a script written at the assembly stage or rough cut stage to be read by one or more narrators, for either voice over or on camera. It may include pre-recorded or improvised voice tracks.

A220

Documentary Script means all written material necessary for the production of a Documentary which may include:

  1. a Documentary Initial Proposal or Outline;
     
  2. a Documentary Treatment or Shooting Script; and
     
  3. a Final Script or Documentary Rough Cut Narration and a Documentary Final Narration.
     

A221

Documentary Treatment or Shooting Script means written material contracted under this Agreement and submitted in a mutually-agreed form which sets out the various elements in the Documentary including but not limited to the subject, the story, the narration line, interviews, location shooting, re-enactment (including dialogue) and/or archival material. If a Documentary Treatment or Shooting Script is not requested prior to shooting, it may be written following shooting.

A222

Draft Script means a complete draft of any Script in a mutually agreed form of a length to be specified by the Producer.

A223

Excerpt means an extract or clip containing a character(s) recognizable from a previously produced program.

A224

Feature Film means a film of sixty (60) minutes or more in length intended initially for theatrical distribution.

A225

Feature Film Script (Screenplay) means a fully written work for a Feature Film in screen terms, embodying individual scenes, full dialogue and/or monologue, narration (if required) and any other description of details necessary to facilitate production.

A226

Final Script means the final script of a program as produced and includes any changes made during production.

A227

Free Television means the exhibition of a program on home type television receivers which exhibition gives rise to no specific charge either for the program or for the channel on which the program is received and the program does not originate on a cable facility.

A228

Gross Fees means the fees, as contracted under any Article of this Agreement, exclusive only of money for expenses, such as per diem allowances or travel expenses.

A229

Magazine Format Program means a program comprised of information segments, interviews, commentaries and/or panel discussions and integrated by an identifying device.  Magazine Format Programs may have a unified theme and/or a host but individual segments stand alone.

Program Writer (Magazine Format) means a Writer who is engaged to work on a complete Magazine Format Program or Programs.  In addition to providing written material for the Magazine Format Program, the Program Writer is responsible to the Producer for the finished Script.

Contributing Writer (Magazine Format) means a Writer contracted to write specific segments or specific units for a Magazine Format Program.

Continuity Writer (Magazine Format) means a Writer contracted to write material to link program elements not written by that Writer.  Continuity writing on a half hour broadcast program shall not exceed five (5) minutes of on-screen time.  In the case of continuity writing for Magazine series, the first Writer contracted to provide continuity services shall be given the right of first refusal to write continuity material for the entire series.

A230

Mini-Series means a single dramatic program of pre-determined length intended for broadcast in segments.  A Mini-Series has a story line beginning in the first segment and concluding in the last.

A231

Narration means material used (typically off-camera) to explain or relate sequences or action.

A232

Narration Script for a Documentary means a Script written at the assembly stage or later, to be read by one or more narrators, voice over or on camera, which may include pre-recorded improvised voice tracks.

A233

New Writer means a Writer who at the time of contracting with a Producer on a Series is not a member of the Guild or of any other affiliated Writers Guild and who has not previously received a screen credit as a contracted writer.  Use of this provision is limited to one new Writer per cycle of a Series.  A New Writer shall be contracted at 50% of the applicable Script Fee, with no reduction in Production Fee.

A234

Non-Certified Budget means the Budget of a production that has no completion guarantor or government agency involvement.  This Budget must be accompanied by a letter signed by the Producer confirming that it is the final itemized Budget prior to principal photography.

A235

Non-Theatrical Distribution means, for the purposes of Article D302(a), that distribution of a production other than:
  1. distribution in cinemas or theatres where an admission is charged or money is collected; or
     
  2. distribution by electronic means over distances or distribution by satellite (including Internet); or
     
  3. any retail sale to the general public by cassettes, discs, tapes or any other compact device for home use.
     

A236

Option means a written agreement to acquire from a Writer specified rights in Script Material for a specific fee and providing a specified time for exercise of the Option.

A237

Other Production means sponsored, industrial and other short films including audio visual productions, not produced for television.

A238

Outline means the scene-by-scene development and structuring in a mutually agreed form of a story in screen terms to provide a synopsis or schematic of the Television Script to be written from it, in up to 5,000 words per half-hour of broadcast time.  When no Story or Screen Story is contracted separately, the Story or Screen Story shall be deemed to be included in the Outline.

A239

Pilot means the sample episode for a proposed dramatic television Series which sets the initial premise, characters and format of the Series.  It is acknowledged that not every television series has a Pilot.

A240

Polish means minor improvements of script details within the basic structure of the scenes as written, and shall not include changes in the structure, addition or deletion of characters, alterations of plot, or reworking of more than five percent (5%) of the dialogue.

A241

Producer means the individual, corporation, partnership, limited partnership or other person that controls, administers, or is responsible for a program (whether or not that Producer is or will be the copyright holder of the finished program).

A242

Production Fee means the fee provided in Article C10.

A243

Related Person means, in relation to the Producer and/or Distributor as the case may be: any individual, corporation, partnership, limited partnership, or other person which:

  1. legally controls the Producer,
     
  2. is legally controlled by or affiliated with the Producer,

In this Agreement legal control in relation to a corporation means ownership by the applicable person of securities of the corporation to which are attached more than fifty percent (50%) of the votes that may be cast to elect the directors of the corporation.

For the purposes of this Agreement, the Producer shall be deemed to be affiliated with another legal entity if one of them is a legally- controlled subsidiary of the other or both are legally-controlled subsidiaries of the same legal entity or each of them is legally-controlled, directly or indirectly, by the same legal entity or person.

A244

Residual means a payment for use which is based on the Script Fee.

A245

Rewrite means writing which significantly changes the plot, story line, dialogue, and/or the characters in a Script

A246

Screen Story means written narrative material contracted under this Agreement for a Television Production, based on Source Material, consisting of the basic narrative, idea, or theme and indicating character development and action suitable for use in or representing a substantial contribution to a Final Script; provided, however, that the Writer shall not be obligated to (a) insert dialogue in a Screen Story (except to the extent necessary to show characterization), or (b) prepare the Screen Story in the form of an Outline.  There is no differentiation between Story or Screen Story for compensation purposes.  When no Story or Screen Story is contracted separately, the Story or Screen Story shall be deemed to be included in the Outline.  In the case of a Feature Film, the Story or Screen Story shall be deemed to be included in the Treatment.

A247

Script means a fully written work for a production in screen terms, embodying individual scenes, full dialogue and/or monologue, Narration (if required) and any other descriptions or details necessary to facilitate production.  See also Feature Film Script (Screenplay) and Television Script (Teleplay).

A248

Script Fee means the negotiated fee as provided for Script Material.

A249

Script Material means any material covered by this Agreement and includes Book/Libretto, Continuity, Documentary Script, Draft Script, Narration, Narration Script, Outline, Polish, Rewrite, Screen Story, Script, Story, and Treatment for use in any form of production covered by this Agreement.

A250

Serial means a series of programs in which, generally, the same characters carry on a continuing narrative.

A251

Series means a series of episodes, each complete in itself held together by the same title or identifying device, common to all the programs in the series, or main characters common to many or all of the episodes.

A252

Source Material means any material which was not written specifically for a program or Feature Film but which becomes the basis for a Script or Screen Story.

A253

Story means written narrative material contracted under this Agreement for  a Television Production, not based on Source Material, consisting of the basic narrative, idea, or theme and indicating character development and action suitable for use in or representing a substantial contribution to a Final Script; provided, however, that the Writer shall not be obligated to (a) insert dialogue in a Story (except to the extent necessary to show characterization), or (b) prepare the Story in the form of an Outline.   There is no differentiation between Story and Screen Story for compensation purposes.  When no Story or Screen Story is contracted separately, the Story or Screen Story shall be deemed to be included in the Outline.  In the case of a Feature Film, the Story or Screen Story shall be deemed to be included in the Treatment.

A254

Story Consultant means a writer who is a Guild member whose duties include analysis, consultation, research and editorial advice regarding Script Material for Feature Films, Television Movies and Mini-Series and who is engaged on the basis of his or her expertise in the area of writing.  This shall not include individuals generally recognized as “technical consultants”, whose expertise as engaged is not in the area of writing.

A255

Story Editor means:

  1. a person, regardless of title or credit received, whose duties include writing Rewrites, Polishes and may also include script consultation for a Series or Serial; or
     
  2. a person participating in a group session on a Series or Serial whose duties include developing and/or breaking stories and/or consulting on Script Material, where a Bible and/or Pilot Script already exists and serves as the basis for the group session.  Where such persons are only engaged to perform the work contemplated under this clause (b) such work shall not attract credit under Article A804.

This shall not include individuals generally recognized as technical consultants, whose expertise as engaged is not in the area of writing.

A256

Team means two (or more, with the consent of the Guild, which consent shall not be unreasonably withheld) Writers engaged by the Producer at the same time who have agreed to collaborate on a Script or Scripts.  A Team will be deemed to be one Writer for the purposes of this Agreement.  Payment will be split equally between or among the Writers of the Team.

A257

Television Movie means a dramatic television production of ninety (90) minutes or more in broadcast length intended initially for Free or commercial Television, pay television, cable television, or distribution by videocassette, videodisc or any other form of home compact device.

A258

Television Production means a Series, Serial, drama, documentary, drama-documentary, dramatization, adaptation, panel/game/quiz show, variety show, Book Show, or televised stage play intended initially for Free or commercial Television, pay television, cable television, videocassette, videodisc or any other form of home compact device.

A259

Television Script (Teleplay) means a fully written work for a Television Production in screen terms, embodying individual scenes, full dialogue and/or monologue, Narration (if required) and any other descriptions or details necessary to facilitate production.

A260

Treatment means the scene-by-scene development and structuring in a mutually agreed form of a story in screen terms to provide a synopsis or schematic of the Feature Film Script to be written from it, in 20,000 words or less.  The Treatment shall be deemed to include a Story or Screen Story.

A261

Variety means a program that consists of songs, music, dances, sketches, vignettes, blackouts, and similar material, ordinarily as a mixture of some or all of such elements.

Variety (Type 1) means a program where 85% or more of the program time excluding commercial breaks is composed of variety writing.

Variety (Type 2) means a program where from 50% to 84% of the program time excluding commercial breaks is composed of variety writing.

Variety (Type 3) means a program where less than 50% of the program time excluding commercial breaks is composed of variety writing.

Head Writer (Variety) means a Show Writer who, in addition to supplying variety material, supervises all written material for a program, including re-writing of material as is necessary, and is responsible to the Producer for the finished Script.

Show Writer (Variety) means a person who is engaged to work on a specific number of complete programs, either one program or a Series.

Contributing Writer (Variety) means a person who is engaged to write specific segments or units for a Variety program such as comedy sketches, production numbers, vignettes, songs, blackouts, and similar material.

A262

Writer means a person who writes Script Material.

 

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