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Article 10 - Credits and Credit Arbitration

Article 10 - Credits and Credit Arbitration

1001 In each contract with an Animation Writer for a Feature Film or Television Animation Production, the Producer shall provide credits to be given an Animation Writer or Animation 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 1024 to 1037.
1002 Specific times shall be reserved in each production for credits to Animation Writers and Animation Story Editors. Such credits shall appear in the following manner:
i. In the case of Feature Films and Television Animation Productions, Animation Writers' credits shall be governed by the provisions of this Article.
ii. In all other cases, credits shall be governed by the terms of the contract between the Animation Writer or Animation Story Editor and the Producer.
FORMS OF CREDIT
1003 In the case of Feature Films, subject to Articles 1005 and 1006, the only writing credits permitted shall be as follows:
i. Where an Animation Writer has written both the Story or Screen Story and the Script for a production, the Animation Writer shall be entitled to the screen credit "By....." where such screen credit immediately follows the main title credit or "WRITTEN BY....." where the screen credit appears elsewhere in the production.
ii. Where an Animation Writer has made a substantial written contribution to the writing of the Script, the Writer shall be entitled to the screen credit "SCREENPLAY BY...".
1004 In the case of Television Animation Productions, subject to Articles 1005 and 1006, the only writing credits permitted shall be as follows:
i. Where an Animation Writer has written both the Story or Screen Story and the Script for a program, the Animation Writer shall be entitled to the credit "BY..." where such credit immediately follows the main title credit, or "WRITTEN BY..." where the credit appears elsewhere in the program.
ii. Where an Animation Writer has made a substantial written contribution to the writing of a Script, the Animation Writer shall be entitled to the screen credit "TELEPLAY BY...".
iii. In the event of an animated program that is a Documentary, Variety or Magazine program or use of animated Excerpts as defined in section A2 of the IPA, the forms of credit in Articles A904 c) through g), A905 b), A906, A907 and A908 shall be applicable.
1005 The only other writing credits permitted (hereinafter referred to as subsidiary writing credits) shall be as follows:

Where an Animation Writer contributes to a Script by providing either the Story or the Screen Story or the Treatment or the Outline upon which the Script is substantially based, the Animation Writer shall be entitled to the screen credit "STORY BY..." or "SCREEN STORY BY..." as the case may be.
1006 Where an Animation Writer has written an adaptation from another language the Animation Writer shall be entitled to the credit "ADAPTED BY..." as a minimum credit.
1007 No other form of writing credit or subsidiary writing credits shall be permitted and no other form of credit or acknowledgment shall be accorded to an Animation Writer without the prior approval of the Guild. The approval of the Guild shall not be unreasonably withheld.
1008 Where a credited Animation Writer is also a director or producer of a program, s/he may receive the following presentation credit "A FILM BY...".
LIMITATION OF NUMBER OF ANIMATION WRITERS
1009 The number of Animation Writers who may share credit for a Script in accordance with Articles 1003 and 1004 (a), (b) and (c) hereof shall not exceed three.
1010 The aggregate number of Animation Writers accorded subsidiary writing credits shall not exceed four.
1011 In exceptional cases the number permitted in Articles 1009 and 1010 may be increased with the consent of the Guild which consent will not be unreasonably withheld.
1012 When the names of more than one individual appear in the credits or subsidiary writing credits for a production, the names of the members of a Team shall be separated by an ampersand ("&"). All other Animation Writers' names shall be separated by the word "and". When Animation Writers' names are separated by the word "and", the names of the Animation Writers shall appear in the order in which they were engaged on the production.
POSITION AND SIZE OF CREDITS
1013 The name of an Animation Writer accorded a writing credit shall appear in lettering the height and width of which is no smaller than that used for the name of the Producer or director of the program, whichever is the larger, and on the program the writing credit shall appear for the same duration as that of the credit accorded to such Producer or director.
1014 The writing credit and the subsidiary writing credit may appear on the program on the same title card. The name or names of the writers referred to in the subsidiary writing credit shall not, however, appear in lettering the height or width of which is greater than fifty percent (50%) of that used for the name or names of the writer or writer(s) accorded writing credit.
1015 Subject to the provisions of Articles 1003 and 1004, the Animation Writer's credit shall appear next to the director's credit unless an individual producer's credit appears between them. Only one Producer title card may appear between the Animation Writer's and director's credit. For the purposes of this Article, individual producer(s) shall mean individuals as accorded the credits "Producer" or "Executive Producer" only.

Examples of acceptable credit sequences are:

(in head credits)

(any other credit), Animation Writer, Director

Producer, Animation Writer, Director

Animation Writer, Producer, Director


(in tail credits)

Director, Animation Writer, (any other credit)

Director, Animation Writer, Producer

Director, Producer, Animation Writer


When any credit is shared by sequential writers, the names of the writers shall appear in the order in which they were engaged.
1016 No other written material may appear on the card with the above mentioned writing credits and no other card may interrupt the credit order set out in Article 1015.
CREDIT IN ADVERTISING AND PUBLICITY
1017 Subject to any waiver under Article 1023, the Producer shall accord writing credits on:
a. all paid advertising relating to the program where the director is accorded credit, issued by or under the direct control of the Producer, and the size of the credit shall be the same as that of the director.
b. all handouts, fact sheets, information folders and invitations relating to the program where the director is accorded credit, issued by or under the direct control of the Producer, and the size of the credits shall be the same as that of the director.

The foregoing credit requirements shall be subject to customary industry exclusions such as materials related to awards, nominations and congratulatory ads.

Equal prominence shall be given to all credited writers in advertising and publicity.
DUTY OF PRODUCER TO NOTIFY
1018 No later than fifteen (15) days prior to the first scheduled day of principal cast recording of a program or episode or, in the case of a Television Documentary, no later than the date of recording of final narration, or the date of the fine cut if there is no narration 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, a draft of the intended writing and subsidiary writing credits worded in accordance with the provisions of Article 1003 to 1008 and in the form of the Notice of Intended Writing Credits as in Schedule 2. Such notice will indicate the order in which the Producer proposes to announce the names of the Animation Writers, if more than one, accorded credit, and the placement of the writing and subsidiary writing credits in the credit sequence in accordance with Article 1015. If the production company proposes an Animation Writer who is also a director or Producer or Executive Producer, the notice shall so indicate.

 

In the case of television Series, the Producer may have the notice of intended credits, described above, delivered by hand not later than seven (7) days prior to the first scheduled day of principal cast recording of a program or episode.


The Producer shall send to the Guild and to every Story Editor who has been engaged to provide Story Editor services on any production the Notice of Intended Writing Credits form in Schedule 2 indicating intended on-screen Story Editor credit(s) as negotiated per Article 603, and showing the placement and order in which the Producer proposes to announce the names of the Story Editors. The Producer must file this notice for all productions prior to their wrap date.
1019 If any subsequent alteration to the intended writing or subsidiary writing credit is intended, the Producer shall notify the Guild and all Animation Writers involved of its intended alteration, but in any case the Producer shall notify any Animation Writer who has been engaged subsequent to the first day of production as to his/her proposed final credit. This notification should be not later than fourteen (14) days after the completion of filming or taping of the program.
1020 All notifications referred to in Article 10 shall be sent by hand, e-mail or facsimile and shall be delivered to the last known address, e-mail address or fax number of each Animation Writer or Animation Story Editor or his/her agent or to any other address which the Animation Writer or Animation Story Editor notifies to the Producer before the dispatch of such Notice.
1021 Upon the Guild's request, the Producer shall provide a copy of the final script as recorded, or, at the Producer's discretion, reasonable access to the final script as recorded, to any Animation Writer or Animation Story Editor receiving the Notice of Intended Writing Credits.
1022 Subject to the provisions of Article 1019 and 1023, if, within fourteen (14) days of the date of dispatch of the Notice of Intended Writing Credits (seven (7) days in the case of a Series), no objection is received by the Producer and the Guild from any Animation Writer to whom such draft has been sent, the wording of the writing and subsidiary writing credits set out in the Notice of Intended Writing Credits shall become final and binding on all parties.
RIGHT OF ANIMATION WRITER OR ANIMATION STORY EDITOR TO FORGO CREDIT
1023 Every person who has been engaged by the Producer to make a written contribution to a Script shall be entitled to use a reasonable pseudonym in place of their name in any credit to which s/he may be entitled hereunder. An Animation Writer who declines a credit shall, nevertheless, retain his/her rights to participate in any fees that may be due on the exploitation of the program. Where an Animation Writer or Animation Story Editor declines a credit, the Animation Writer, or Animation Story Editor shall inform the Producer and the Guild of a pen-name to be substituted for his/her own name on the program credits. None of the Animation Writer's or Animation Story Editor's rights including but not limited to compensation of any kind shall be affected by the use of a pseudonym.
RULES OF CREDIT ARBITRATION
1024 If, within the period provided for in Article 1022, a written objection is received by the Producer and the Guild from any Animation Writer to whom such a draft has been sent, such objection shall (subject to Article 1038) be dealt with as follows:
1025 The Guild shall forward notice of the objection to the relevant Association. If a Producer is a member of both Associations, the Guild shall forward notice of the objection to both Associations. Thereafter, the Guild shall copy the Association(s) on all communications to the Association(s)' member in respect of the credit arbitration.
1026 The Guild shall forthwith appoint three Arbitrators who have relevant writing experience in the film and television industry to adjudicate on the objection in accordance with the Guild's established guidelines for credit arbitration, a copy of which shall be furnished to the Associations. Arbitrators appointed under this provision are not "arbitrators" within the meaning of any labour relations legislation.
1027 Within seven (7) days of the objection being received by the Producer, the Producer shall deliver to the Guild one (1) legible copy 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 Animation Production is based on Source Material, the Producer shall also deliver one (1) copy of the Source Material to the Guild.
1028 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 and/or Source Material has been included. If any writer indicates that additional Script Material and/or Source 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:

a. engaged by the Producer (or predecessor of the Producer) to provide Script Material; or
b. who has had Script Material acquired or purchased by the Producer (or predecessor of the Producer); or
c. whose Script Material has been provided by the Producer (or predecessor of the Producer) to subsequent Writers engaged on the same program; or
d. whose Script Material can be seen to be reasonably connected to the program;
and whose Script Material becomes subject to the credit arbitration process.


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.
1029 The credit arbitration shall commence when the Guild receives the signed confirmation referenced in Article 1028 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.
1030 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.
1031 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.
1032 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.
1033 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 1028 above or deemed approval as per Article 1029 of all material referred to in Article 1027, the Arbitrators shall deliver their decision in writing to the Guild. The Guild shall immediately convey the decision in writing to the Producer.
1034 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.
1035 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.
1036 The decision of the Arbitrators may be published in such media as the Guild may determine.
1037 With respect to Article 10, the Animation 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.
OTHER AGREEMENTS
1038 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.
1039 Whereas some provisions for credit for Animation are newly introduced in this Agreement,
a. Notwithstanding the provisions for credits for Animation productions contained in Article 10, with regard to the :
i. repackaging
ii. use in compilations, and
iii. publicity


of Animation Productions, for the duration of the term of this Agreement, the Guild agrees that the Producer may vary from the terms regarding placement of credit on Animation Productions when such modifications are reasonably required for commercial exploitation due to the foregoing uses.
b. All other terms of the IPA including those regarding credits for Animation Productions shall remain in force.
ALTERNATIVE PROCEDURE
1040 If an objection to proposed credits is received by the Producer within the fourteen (14) or seven (7) day period provided for in Article 1022, as a preliminary alternative to arbitration in accordance with Articles 1024 to 1038, the Producer may dispatch a revised draft of proposed credits and if dispatched within seven (7) days of receipt of such objection, such revised draft shall be dealt with in accordance with Article 1024 to 1037 as though such revised draft were the original draft.
AGREEMENT BETWEEN WRITERS ON CREDITS
1041 When more than one Animation Writer has contributed to the writing of a Script and all contributing Animation Writers agree unanimously among themselves as to which of them shall receive credit and to the form of such credit, then provided that:
a. the number of Animation Writers receiving such credit does not exceed two (where two Animation Writers have collaborated on a Script as a bona fide Team, the credit of these two Animation Writers shall count as one credit);
b. the form of such credit is in accordance with this Article;
c. the Producer and the Guild are notified of the agreed form of such credit prior to final determination of the credits in accordance with the terms of this Article;

such credit shall be final and binding on all parties.
ASSIGNMENT OF RIGHTS
1042 In any contract with a third party into which the Producer enters which relates to dealing with any rights in the work of an Animation Writer, the Producer shall obtain an undertaking that such third party will:
a. in the case of an assignment of rights in such work for the purpose of the production of a program, assume and perform the obligations to the Animation Writer of the Producer herein contained;
b. in the case of a contract for the distribution or sale of any program in respect of which such Animation Writer is entitled to credit hereunder, accord the Animation Writer such credit on all copies of such program made or issued by such third party, and in all paid advertising (subject to the exclusion set out in Article 1023) issued by or under the direct control of such third party, in which the name of the director of such film appears, and the size of the credit shall be the same as that of the director.
1043 The Producer shall be relieved of its obligations to accord Animation Writer credit on all copies of the Production made or issued by a third party as referenced in Article 1042(b) only if the Producer obtains a signed copy of the undertaking provided in Appendix U and delivers it to the Animation Writer.


Should the Producer fail to obtain such undertaking, the Producer shall remain responsible for all obligations for credit accorded to the Animation Writer, and shall be liable for any breach of the contract with the Animation Writer or this Agreement arising out of any breach of Article 10 credit provisions, including breaches by a third party with whom it has signed a contract for distribution or sale.
INADVERTENT BREACH OF ARTICLE 10
1044 No inadvertent breach of the terms of Article 10 shall be deemed a breach of Article 10 by the Producer, provided that the Producer will endeavor to prevent any further breach after the receipt of written notice specifying details of the alleged breach.
1045 Should the Producer fail to provide the credits on the Production as required above, the Producer agrees to the following remedy:
a. to correct the omission prior to public showing where practicable; or
b. if correction as in a) above is not practicable, to fulfill the intent of the provisions for credit by inserting in appropriate daily and/or trade papers announcements for the sole purpose of identifying the Animation Writer whose credit has been omitted. The specific periodicals and the size and content of the announcements will be the subject of negotiation between the Producer, the relevant Association and the Guild. The cost of these advertisements will be borne by the Producer.
PRODUCTION CREDITS
1046 References contained herein to the credit accorded to the director of the program are limited to the director's credit as director and do not extend to any "production" or "presentation" credit accorded to the director.
1047 The Producer shall use best efforts to include the Guild logo on the credit roll. The Guild shall provide the Producer with the appropriate artwork in adequate time to facilitate the inclusion of the Guild logo. Where the Guild logo appears, the Producer shall also use best efforts to include the relevant Association logo(s) on the credit roll. The Association(s) shall provide the Producer with the appropriate artwork in adequate time to facilitate the inclusion of the logo(s).

 

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