Article D3 Distribution and Use Rights

Article D3 - Distribution and Use Rights

D301

The payment of at least the minimum rates set forth in D2 shall entitle the Producer to :

make a production based on the Script; and
the right to distribute the Production subject only to the payment of the appropriate Residuals as set out in Article D302.

D302

Territory	Term	Minimum Percentage
a. Non-Theatrical (see Article A235) – World	Copyright of film	0%
b. Theatrical – World	Copyright of film if contracted and paid at the time of the execution of the Writer’s original contract if contracted after the execution of the Writer’s original contract	25% 50%
c. TV Broadcast “Free” or “pay” (but not including Educational TV Broadcast)
Canada	One run in each market	20%
Montreal, Toronto, Vancouver, Winnipeg	One run in each market	10%
All other Canadian markets	One run in each market	5%
United States	One run in each market	40%
Single US markets	One run in each market	10%
All other Countries	One run in each market – each country	10%
Canada	15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract	50%
World other than Canada	15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract	75%
d. All TV Broadcast Uses (but not including Educational TV Broadcast)
World	15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract	125%
e. Educational TV
Canada	One run on one station	5%
Canada	One run on more than one station or on multiple transmitters (e.g. OECA)	10%
f. Educational TV (not PBS – PBS is covered by “TV Broadcast”)
United States	One run on one station	5%
United States	One run on more than one station or on multiple transmitters (belonging to one organization)	10%
g. All Educational
World	15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract	25%
h. All of the Above
World	15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer’s original contract	150%

D303

If credits are given to Writer(s) in Other Productions, the Writer(s) credits shall be no less in duration and size than the Producer’s credit.

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