Article 1 - Recognition and Scope of the Agreement
Article 1 - Recognition and Scope of the Agreement
This section is self-contained. It is to be read without reference or prejudice to the other portions of the IPA.
|101||The Producer recognizes the Guild as the exclusive bargaining agent for all Animation Writers and Animation Story Editors of Animation Productions written in English.|
|102||The terms of this Animation Section are the result of negotiations between representatives of the Associations and the Guild.|
|103||This Animation Section shall be jointly administered by the Guild and the Associations in all of its facets on a principle of equality between the Guild and the Associations in all matters pertaining to the administration of the Animation Section's provisions. Questions regarding interpretation or the meaning of the Articles in this Animation Section may be directed to the offices of either the Associations or the Guild. Neither of these parties may make an interpretation binding on the other without the written agreement of the other.|
|104||This Animation Section shall apply to all Animation Writers and Animation Story Editors contracted by any Producer who is a signatory to this Section. Nothing in this Section shall prevent a Producer from freely obtaining the services of an Animation Writer or Animation Story Editor who may not be a member of the Guild providing that before signing a contract the Animation Writer or Animation Story Editor shall declare in writing to the Producer and the Guild that for reasons of conscience, s/he does not wish to become a member of the Guild, in which case, s/he will be treated as a non-member under the terms of this Animation Section. The rates, terms and conditions for such an Animation Writer or Animation Story Editor shall not be less than those provided in this Section.|
|105||a. This Animation Section shall not apply to a regular employee of the Producer whose duties include writing and who is regularly engaged in creative aspects of production and for whom deductions under Income Tax laws are duly made.|
b. Notwithstanding (a) above, this Animation Section shall apply to a regular employee:
|106||An Animation Writer or Animation Story Editor who is not a member of the Guild shall join the Guild on signing his or her first writing services contract under this Agreement, unless the Animation Writer or Animation Story Editor has filed a written declaration with the Guild and the Producer pursuant to Article 104.|
|107||The Animation 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 except as expressly noted herein.|
|108||All terms of this Animation 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.|
|109||Nothing in this Animation 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.|
|110||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).|
|111||Except by prior agreement with the Associations, the Guild shall not enter into any agreement with any Producer in independent production under terms more favourable to such Producer than those set forth in this Section and shall not permit Animation Writers or Animation Story Editors to be engaged under terms more favourable to such Producer than set forth herein. Any grievance arising out of a breach of this Article shall bypass Joint Standing Committee stage and be heard by an Arbitrator.|
|112||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.|
|113||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 Animation Section.|
Upon receipt of materials as scheduled in the Animation Writer's contract, the Producer shall pay all sums due to the Animation Writer as follows:
|115||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.|
|116||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.|
|117||No portion of any fee provided in this Section shall be deferred for any reason.|
|118||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 Writer's 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 Producer's 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.|
|119||The Producer agrees to notify an Animation Writer engaged under this Animation Section, 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 Script Material. The Producer shall also notify the Animation Writers then working on such Script Material of the name(s) of any additional Animation Writer(s) engaged on such Script Material.|
|120||There shall be no speculative writing and therefore no Producer may require an Animation Writer to submit Script Material without a written contract.|
|121||Should a Producer wish revisions to an unsolicited Script from an Animation Writer, a contract for the Script must be entered into with the Writer before any revisions are performed.|
|122||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.|
|123||No purely oral agreement shall be binding, nor shall it constitute grounds for an investigation of a complaint by either of the parties concerned.|
|124||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.|
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 and the CMPA (or both the CMPA and the AQPM if the contract is covered by Appendix Q of this Agreement and/or if the Producer is located in Quebec) by the Producer within seven (7) days of the signing of the contract.
Notwithstanding the above, contracts need only be deposited with the CMPA as of January 1, 2016.
Copies of contracts provided to the Guild and the Associations are to be strictly confidential between the Producer, the Animation Writer or Animation Story Editor, the Guild and the Associations. The information contained in these contracts is not to be released by the officers of the Guild or the Associations to any other persons.
In those instances where a contract has not yet been signed, a Notice of Engagement form as in Appendix E shall be filed with the Guild.
Adapting Material Created in Any Language Other Than English
When an Animation Writer is engaged to adapt existing script material from a language other than English into a language other than French to suit a new cultural reality, which may include changes to the dramatic structure, characters, tone or geographic location, the Animation Writer shall receive sixty percent (60%) of the applicable minimum Script Fee, if any.
The Animation Writer shall be entitled to credit in accordance with all the terms and conditions contained in Article 10 relating to writing credit. In addition, the credit "ADAPTED BY..." shall be considered as a minimum credit.
|127||The Guild and the Associations agree that both texts of the Animation Section in French and English are official. In the case of discrepancy, the English language text shall prevail.|
|128||The terms of Article 1 shall be subject to and read together with the provisions of Appendix A (Negotiation Protocol) for the CMPA and with Schedule 4 (Quebec Appendix) for the producers who are members of the AQPM.|