© 2003 WRITERS GUILD OF CANADA and CANADIAN FILM AND TELEVISION PRODUCTION ASSOCIATION

TABLE OF CONTENTS

Section A: General - All Productions

Article A1 - Recognition, Application and Term
Article A2 - Definitions
Article A3 - General Provisions
Article A4 - No Strike and Unfair Declaration
Article A5 - Grievance Procedures and Resolution
Article A6 - Speculative Writing, Sample Pages and Unsolicited Scripts
Article A7 - Copyright and Contracts; Warranties, Indemnities and Rights
Article A8 - Story Editors and Story Consultants
Article A9 - Credits
Article A10 - Security for Payment
Article A11 - Payments
Article A12 - Administration Fee
Article A13 - Insurance and Retirement Plan, Deductions from Writer's Fees
Article A14 - Contributions and Deductions from Writer's Fees in the case of Waivers

Section B: Conditions Governing Engagement

Article B1 - Conditions Governing Engagement for all Program Types
Article B2 - Optional Bibles, Script/Program Development
Article B3 - Options

Section C: Additional Conditions and Minimum Compensation by Program Type

Article C1 - Feature Film
Article C2 - Optional Incentive Plan for Feature Films
Article C3 - Television Production (Television Movies)
Article C4 - Television Production (Other than Television Movies)
Article C5 - Television Documentary
Article C6 - Television Variety, Panel, Game and Quiz Shows
Article C7 - Television Magazine Shows
Article C8 - Television Daily Dramatic Serials
Article C9 - Television Continuity
Article C10 - Production Fee
Article C11 - Distribution Royalty
Article C12 - Travel Expenses, Paid Travel Time, and Risk Insurance

Section D: Other Production

Article D1 - Conditions Governing Engagement
Article D2 - Minimum Compensation
Article D3 - Distribution and Use Rights

Section E: Option For Corporate Production: Sponsored, Industrial Or Short Films

Article E1 - Recognition, Application and Terms
Article E2 - Definitions
Article E3 - General Conditions
Article E4 - Rates And Conditions Governing Engagement

Section F: Internet Production

Animation Section

Article 1 - Recognition and Scope of the Agreement
Article 2 - Definitions
Article 3 - Remuneration and Rewrites
Article 4 - Administration Fee
Article 5 - Insurance and Retirement Plan, and Deductions from Animation Writers' and Animation Story Editors' Fees
Article 6 - Animation Story Editors
Article 7 - Termination
Article 8 - Copyright
Article 9 - Grievance and Arbitration
Article 10 - Credits and Credit Arbitration
Article 11 - Term
Blended Production
Voluntary Recognition Agreement for Animation Producers
Notice of Intended Writing Credits

Appendices

Appendix A: Negotiation Protocol
Appendix B: Voluntary Recognition Agreement
Appendix C: Standard Writer's Agreement
Appendix D: Standard Story Editor's Agreement
Appendix E: Notice of Engagement
Appendix F: Notice of Intended Writing Credits
Appendix G: Declaration of Receipts and Distribution Royalty Payments
Appendix H: Distributor's Assumption Agreement
Appendix I: Purchaser's Assumption Agreement on Transfer of Rights in a Production Made From Script Material
Appendix J: Purchaser's Assumption Agreement on Transfer of Rights in Script Material
Appendix K: Blended Production
Appendix L: Letter to be sent to a Writer for Credit Assignment to a Third Party
Appendix M: Corporate Guarantee
Appendix N: Contract/Voluntary Recognition Agreement for Corporate Production
Appendix O: Corporate Production, Industrial or Short Films
Appendix P: Interpretation Committee
Appendix Q: Standard Internet Agreement
Appendix R: Producers Bound to this Agreement

Addresses and Telephone Numbers

ARTICLE A1 - RECOGNITION, APPLICATION AND TERM
A101	The Producer recognizes the Guild as the exclusive bargaining agent for all Writers, Story Editors and Story Consultants on all productions, except Writers contracted to write Script Material in French. The Guild is not the bargaining agent with respect to Story Consultants who are not members of the Guild.  Nothing precludes a Producer from engaging a Story Consultant who is not a Guild member.
A102	The terms of this Agreement are the result of negotiations between representatives of the Association and the Guild.
A103	This Agreement shall be jointly administered by the Guild and the Association in all of its facets on a principle of equality between the Guild and the Association in all matters pertaining to the administration of the Agreement's provisions.  Questions regarding interpretation or the meaning of the Articles in this Agreement may be directed to the offices of either the Association or the Guild.  Neither of these parties may make an interpretation binding on the other without the written agreement of the other.
A104	While the terms and conditions of this Agreement are in effect, any Producer who is not a party to this Agreement but who agrees to become a party to this Agreement shall sign a Voluntary Recognition Agreement acknowledging that the Guild is the exclusive bargaining agent of Writers, Story Editors or Story Consultants and signifying its acceptance of the terms and conditions contained herein (see Appendix B).  The Voluntary Recognition Agreement shall constitute acceptance of and a binding obligation by the Producer to adhere to the terms and conditions of this Agreement and shall be executed and forwarded to the Guild by fax or delivery prior to contracting a Writer, or Story Editor or Story Consultant.
A105	This Agreement shall apply to all Writers, Story Editors and Story Consultants contracted by any Producer who is a signatory to this Agreement.  Nothing in this Agreement shall prevent a Producer from freely obtaining the services of a Writer, Story Editor or Story Consultant who may not be a member of the Guild providing that before signing a contract the Writer or 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 Agreement.  The rates, terms and conditions for such a Writer or Story Editor shall not be less than those provided in this Agreement.
A106	This Agreement 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. Notwithstanding (a) this Agreement shall apply to a regular employee: when writing a Feature Film Script which is subsequently produced.  However, a staff writer employed by a Producer on a salaried basis shall be paid an annual remuneration at a rate not less than the rate in Article C101. If as a result of such staff writer's writing services a Feature Film is produced, such Writer shall be contracted prior to the first day of principal photography under the terms and conditions of this Agreement. The remuneration to such a Writer for that film shall be at least the applicable Script Fee in this Agreement, less one year's remuneration in the year the film is produced, plus any Production Fee and Distribution Royalties that may become due; when writing a Television Script or any instalment or Rewrites thereof, except for documentaries, narration, game shows, continuity, and corporate Scripts. when engaged as a Story Editor or Story Consultant on a specific program or Series. This Agreement shall not apply to a recognized specialist who is not a member who writes a non-dramatic Script, the contents of which relate to his/her own special field, except that this exclusion shall not apply to such a specialist after s/he has written three (3) such Scripts or to any Writer of a Feature Film. For the term of this Agreement, this Agreement need not apply to Writers who are not members of the Guild engaged on Documentary programs or episodes.  Notwithstanding the above, when members and non-members are engaged on the same program or episode, the forms of credit and credit arbitration provisions in Article A9 shall apply to such individuals.
A107	A Writer or 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 Writer or Story Editor has filed a written declaration with the Guild and the Producer pursuant to Article A105.
A108	A non-Canadian Writer, Story Editor or Story Consultant contracted by the Producer shall be governed by the terms and conditions of this Agreement and of any reciprocal Agreement between the Guild and guilds or unions representing Writers, Story Editors or Story Consultants in the country concerned.  Where no such reciprocal Agreement exists, or in the event of a conflict between the provisions of this Agreement and any reciprocal Agreement, this Agreement shall apply.
A109	The terms of this Agreement are minimum terms.  Nothing herein contained shall prevent any Writer, Story Editor or Story Consultant from negotiating and contracting with any Producer for better terms and conditions for the benefit of such Writer, Story Editor or Story Consultant than are here provided.
A110	Except by prior agreement with the Association, the Guild shall not enter into any agreement with any Producer in independent production, or the Association des Producteurs de Films et de Télévision du Québec ("the APFTQ") at rates or terms more favourable to such Producer, or the APFTQ,  than those set forth in this Agreement and shall not permit Writers, Story Editors or Story Consultants to be engaged at rates less than those provided for herein or upon terms more favourable to such Producer, or the APFTQ, than set forth herein.  For greater clarity, any more favourable provisions agreed to with the APFTQ in alternate bargaining may at the CFTPA's request, be incorporated into this agreement. Any grievance arising out of this Article shall bypass Joint Standing Committee stage and be heard by an Arbitrator.  No change to the Agreement shall be made until the parties have met to discuss the impact of any such change.
A111	There shall be no discrimination against any Writer, Story Editor or Story Consultant because of race, ancestry, place of origin, creed, religion, gender, age, record of offenses (other than offenses related to copyright infringement), marital status, family status, disability, sexual orientation or political affiliation.
A112	This Agreement shall become effective upon ratification by the Guild and the Association and terminate on December 31, 2005.
A113	Either party desiring to renegotiate this Agreement shall give notice to the other party in writing at least ninety (90) days prior to the termination date.
A114	During the period of renegotiation of this Agreement, the provisions of this Agreement shall remain in full force and effect.
A115	If any provision of this Agreement shall, during the term hereof, be held void or unenforceable, all other provisions hereof shall nevertheless continue in full force and effect.
A116	The terms of Article A1 shall be subject to and read together with the provisions of Appendix A (Negotiation Protocol) for the CFTPA.

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.
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	Distribution Royalty means a payment for use which is based on the Distributors' Gross Revenue as provided in Articles A11 and C11.
A214	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.)
A215	Documentary means an information production not designed to be purely entertainment, and which may include drama or variety techniques in achieving its information goal.
A216	Documentary Outline or Proposal means Script Material which indicates the intent, style, proposed structure and content for a Documentary production, and which serves as a guide for further development of the project.
A217	Documentary Script means all written material necessary for the production of a Documentary which may include a Proposal and/or Documentary Outline, Documentary Treatment, or Documentary Shooting Script, final script and/or Narration Script.
A218	Documentary Shooting Script means Script Material which sets out the film's visual style, tone and structural plan and which brings together the various elements in the Documentary including but not limited to, interviews, locations, re-creations and/or archival material and rough narration.
A219	Documentary Treatment means Script Material describing the intent of the Documentary, structural plans and content for the Documentary production, and which serves as a pre-production or production guide for the Documentary.
A220	Draft Script means a complete draft of any Script in a mutually agreed form of a length to be specified by the Producer.
A221	Excerpt means an extract or clip containing a character(s) recognizable from a previously produced program.
A222	Feature Film means a film of sixty (60) minutes or more in length intended initially for theatrical distribution.
A223	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.
A224	Final Script means the final script of a program as produced and includes any changes made during production.
A225	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.
A226	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.
A227	Internet Production means original audio-visual production for Internet-only exhibition.
A228	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.
A229	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.
A230	Narration means material used (typically off-camera) to explain or relate sequences or action.
A231	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.
A232	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.
A233	Non-Certified Budget means the Budget of a production that has no completion guarantor.  This Budget must be accompanied by a letter signed by the Producer confirming that it is the final itemized Budget prior to principal photography.
A234	Non-Theatrical Distribution means, for the purposes of Article D302(a), that distribution of a production other than: distribution in cinemas or theatres where an admission is charged or money is collected; or distribution by electronic means over distances or distribution by satellite (including Internet); or any retail sale to the general public by cassettes, discs, tapes or any other compact device for home use.
A235	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.
A236	Other Production means sponsored, industrial and other short films including audio visual productions, not produced for television.
A237	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.
A238	Pilot means the sample episode for a proposed television Series which sets the initial premise, characters and format of the Series.  It is acknowledged that not every television series has a Pilot.
A239	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.
A240	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).
A241	Production Fee means the fee provided in Article C10.
A242	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: legally controls the Producer, 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.
A243	Residual means a payment for use which is based on the Script Fee.
A244	Rewrite means writing which significantly changes the plot, story line, dialogue, and/or the characters in a Script
A245	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.
A246	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).
A247	Script Fee means the negotiated fee as provided in Section C.
A248	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.
A249	Serial means a series of programs in which, generally, the same characters carry on a continuing narrative.
A250	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.
A251	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.
A252	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.
A253	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.
A254	Story Editor means a person, regardless of title or credit received, whose duties include writing Rewrites and may also include script consultation for a Series or Serial.
A255	Team means two (or more, with the consent of the Guild) 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.
A256	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.
A257	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.
A258	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.
A259	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.
A260	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.
A261	Writer means a person who writes Script Material.

ARTICLE A3 – GENERAL PROVISIONS
A301	An accredited representative of the Guild shall be admitted at any reasonable time to the place where the Writer's Script Material is in production.
A302	The Producer agrees to notify a Writer, before the Writer is engaged on any assignment, of the names of all other Writers previously engaged by the Producer who have been assigned to work on the same material.  The Producer shall also notify the Writers previously engaged on such material of the name(s) of any additional Writer(s) engaged.
A303	Shopping – Prior to circulating unlicensed Script Material to persons other than those directly associated with the Producer, the Producer shall obtain the consent of the Writer. Disclosure – The Writer will advise the Producer of any persons to whom, to the best of the Writer's knowledge, the Script Material has been previously submitted.
A304	At the completion of the fine cut, the Writer may request a screening, and if so requested, the Producer shall provide the Writer with a screening within twenty-one (21) days of the request.
A305	Upon receiving a written request from the Writer(s), the Producer shall provide the Writer(s) with a VHS copy of the completed program when available.
A306	The Producer assumes the risk of the professional and artistic competence of the Writer, Story Editor or Story Consultant.  The Writer, Story Editor or Story Consultant will act professionally at all times with respect to the meeting of deadlines and the presentation of contracted materials.
A307	Attendance at Rehearsals – The Producer agrees that the Writer has the right to attend all the work sessions at which production personnel are present in the production of a Feature Film or program based on the Script s/he has written, provided that the Writer obtains permission from the Producer.  Such permission shall not be unreasonably withheld.  The Writer agrees not to discuss the Script Material, rehearsal or production with anyone other than the Producer.
A308	Additional Rights on Feature Films, Television Movies and Mini-Series The following shall apply to the currently-engaged Writer of Feature Films, Television Movies and Mini-Series: the Producer shall invite the director to meet with the Writer in person or by phone once the director is hired.  Where practicable, the meeting shall occur prior to the commencement of pre-production; the Producer shall advise the Writer of the time and place of the rough cut screening in order that the Writer may attend, or alternatively, the Producer may at its discretion, provide the Writer with a copy of the rough cut and the Writer shall be given the opportunity to provide notes to the Producer; at the discretion of the Producer, the Writer may be invited to the cast read-through; the Writer may be called upon to write the ADR for no additional payment; and the Writer shall be invited, at no cost to the Producer, to publicity events and cast and crew events under the direct control of the Producer in which the director participates.

ARTICLE A4 – NO STRIKE AND UNFAIR DECLARATION
A401	During the life of this Agreement, the Guild undertakes not to call or direct a work-stoppage against any Producer, except where the Producer has been declared unfair.
A402	Producer's Refusal to Abide by or Follow Grievance or Arbitration Procedure or Decision.  Where a Producer does not abide by, or declares its intent not to abide by the grievance or arbitration procedure, or refuses to comply with a decision rendered pursuant to Article A5 by a Joint Standing Committee or an Arbitrator, the Guild may declare such Producer an "Unfair Producer" upon  ten (10) days' notice to the Producer concerned and to the Producer's Association, and instruct the members of the Guild not to work for such a Producer.
A403	Writers, Story Editors and Story Consultants shall not be required to work for a Producer or Related Person declared unfair by the Guild.

ARTICLE A5 – GRIEVANCE PROCEDURES AND RESOLUTION
A501	A party exercising its rights under the provisions of the Agreement does so without prejudice to its relations with the other parties.
A502	A Grievance is defined as a difference between the Guild and a Producer, or the Guild and the Association, arising out of, or in connection with the administration, interpretation, application, operation or alleged violation of any provision of this Agreement, or any deal memorandum or contract between a Writer, Story Editor or Story Consultant and a Producer, including a question as to whether a matter is arbitrable. All Grievances shall be resolved in accordance with the procedures set out in this Article.
A503	The parties acknowledge and agree that the timely and prompt settlement of all disputes between the parties should be encouraged and that therefore any dispute may be settled at the time of its occurrence by the Guild and the authorized representative of the Producer, without recourse to the formal Grievance Procedure.
A504	In recognition of the distinct nature of the writing craft, in the event that the complaint is not resolved in the manner described in Article A503 above, the grieving party may initiate a grievance within one hundred and twenty (120) days of the date on which the grieving party becomes, or ought reasonably to have become aware of the act or omission giving rise to the grievance.
A505	A grievance shall be considered initiated when the grieving party (the "Grievor") sets forth in writing (the "Grievance") the facts giving rise to the dispute, the relevant articles of the Agreement and the individual contract, and the remedy sought and delivers the Grievance to the other party to the Grievance (the "Respondent") and to the Association.  In all cases concerning a Writer, Story Editor or Story Consultant, the Guild will be the Grievor or the Respondent, as the case may be.  When the Producer is not a member of the Association, the Grievor shall advise the Association.
A506	The Guild or the Association, as the case may be, shall notify forthwith the other parties to this Agreement of the Grievance and provide each party with a copy of the Grievance.  A representative of the Guild, a representative of the Association, the Producer or its duly authorized representatives, and the Writer, Story Editor or Story Consultant if the Guild deems it necessary, shall meet within five (5) business days to attempt to settle the Grievance informally.  The persons present at the Grievance Meeting on behalf of the parties to the Grievance shall have the authority to settle the Grievance.  Any written settlement, shall be signed by the representatives of the parties to the Grievance, each of whom shall receive a copy of the terms of the settlement.  A copy shall be sent to the Association.  Such settlement shall be binding on all parties to the Grievance.
A507	Those present at the Grievance Meeting shall adduce all relevant facts, documents and evidence available at the time of the grievance meeting in order that the parties may have the clearest understanding of the issues.  At the meeting there shall be a full and frank discussion of those issues, in order to achieve a fair and workable settlement.
A508	In the event that attempts to settle the matter have not resulted in a satisfactory settlement of the Grievance, the Association shall notify the Guild ten (10) business days prior to a Joint Standing Committee or fifteen (15) business days prior to an Arbitration of its intention to further participate in the Grievance and Arbitration process.  On providing such notice, the Association shall be considered a party.  The Association's participation shall be limited to matters of industry-wide significance and/or the interpretation of this Agreement except in circumstances where the Association is the initiating party or Respondent.
A509	Within twenty (20) business days of the Grievance meeting, the referring party maygive written notice to the other parties attending the Grievance Meeting and to the Association to refer the Grievance to the Joint Standing Committee, or in the discretion of the referring party, directly to Arbitration.  If the referring party refers the matter to the Joint Standing Committee and the responding party wishes to have the matter referred to Arbitration (instead of the Joint Standing Committee), said party shall have the right within five (5) business days from receipt of the notice, to refer the grievance to Arbitration.
A510	The Joint Standing Committee shall convene, at a time and place to be agreed by the Guild and the Association, within three (3) weeks of receipt of the notice described in Article A509, or at such time as otherwise agreed between the parties.
A511	The Joint Standing Committee shall be a panel of an equal number of representatives of the Association and the Guild consisting of four (4) or six (6) representatives in total (excluding Guild's and Association's staff).
A512	The Association's representatives shall be directors, officers or permanent employees of Producers signatory to the Agreement at the time of the meeting of the Joint Standing Committee, or persons who are themselves signatory to the Agreement.  No one appointed to the Joint Standing Committee shall have been involved in the Grievance prior to appointment to the Joint Standing Committee.  The Association shall advise the Guild as to the number of representatives to be appointed to represent the Association.
A513	At least three (3) business days prior to the Joint Standing Committee hearing, or in the case of a grievance referred directly to Arbitration, fifteen (15) business days prior to the first scheduled day of the hearing, the parties to the Grievance shall inform the Guild and the Association of their representatives, and any witnesses they intend to call, and provide a copy of all documents, including all correspondence, to which they intend to refer during the course of the meeting, as well as a summary: identifying the issues in the grievance outlining the relevant facts of the grievance setting out a succinct statement of the submissions that each party intends to make the Joint Standing or Arbitration; and identifying the remedy sought. Notwithstanding the foregoing, the Joint Standing Committee, Arbitrator or Board of Arbitration may accept any documents or evidence that it considers necessary to reach a fair conclusion.
A514	The Joint Standing Committee members shall appoint a chair-person from among themselves.  The Joint Standing Committee may establish its own procedures and guidelines for the hearing, including the recording of minutes or notes.  The Joint Standing Committee shall be governed by the following principles: both parties shall have full opportunity to be heard; neither party shall be surprised by evidence or facts adduced before the Joint Standing Committee; and the Joint Standing Committee may recognize common industry practice where reasonable to do so under the circumstances.
A515	The hearing portion of the Joint Standing Committee meeting shall be scheduled for no more than a total of four hours, and will proceed as follows: the Grievor shall have up to fifty (50) minutes to make oral representations, which shall be consistent with the material filed; the Respondent shall have up to fifty (50) minutes to make oral representations including response to the Grievor's submissions, which representations shall be consistent with the material filed; the Association acting as Intervenor shall have up to fifty (50) minutes to make oral representations including response to the submissions, which representations shall be consistent with the material filed; the Grievor shall have up to twenty (20) minutes to respond to the Respondent's submissions; the Joint Standing Committee shall have up to sixty (60) minutes to ask questions and clarify issues raised by the material and oral submissions. Any time limitations prescribed herein may be extended by the Joint Standing Committee.
A516	When the Joint Standing Committee is satisfied that it has heard fully from the parties to the Grievance, the Joint Standing Committee shall dismiss the parties in order to consider and render its decision.
A517	The Joint Standing Committee shall not have the authority to amend or modify, add to or delete any provision of this Agreement.
A518	All decisions of the Joint Standing Committee shall be in writing and shall be signed by all members of the Joint Standing Committee before being issued. When a decision has been reached, it shall be issued in writing before the Joint Standing Committee meeting has concluded, and copied forthwith to the parties to the Grievance and to the Association.  If the members of the Committee have not yet concluded their deliberations, they may reconvene and issue a decision in writing to all parties named above no later than three (3) business days after the Joint Standing Committee meeting has concluded.
A519	A majority decision of the Joint Standing Committee shall be final and binding on all parties to the Grievance.  If the Joint Standing Committee fails to reach a majority decision, either party to the Grievance may, within two (2) weeks of the date of the hearing, refer the matter to arbitration by giving notice to the other party to the Grievance, and to the Association.
A520	Arbitration.  Within two (2) weeks of the notice of the intent to refer described in Article A509 or A519, a time and place for arbitration shall be agreed, taking into account the availability of the Arbitrator.
A521	The parties to the Agreement agree that except in exceptional cases agreed by the Guild and the Association, all arbitrable matters shall be heard by a single arbitrator.  The selection of the single arbitrator shall be the subject of mutual agreement of the parties. Reference shall first be made to the list of arbitrators set out in section 9.1 of the Negotiation Protocol (Appendix A).  In the event of a failure to agree upon a single arbitrator, the Minister of Labour of the appropriate province or territory, or in Quebec, the Commission du statut de l'artiste will be asked to appoint an arbitrator. In exceptional cases, subject to agreement of the Guild and the Association, an arbitrable matter may be heard by a Board of Arbitration.  The Board of Arbitration will be composed of one person, appointed by the Guild; and one person appointed by the Association; and a third person to act as chair chosen by the other two members of the Board.  Each party will notify the other in writing of the name of its appointee within five (5) business days of the request by either party for a Board. Should the person chosen by the Guild and the person chosen by the Association fail to agree on a third person within ten (10) days of the notification mentioned above, the Minister of Labour of the appropriate province or territory will be asked to appoint a person to act as chair. Nothing herein shall prevent the parties to the grievance from mutually agreeing upon the appointment of an individual who is not listed in Appendix A to act as the Arbitrator.
A522	The Arbitrator or Board of Arbitration shall have all remedial powers vested in arbitrators under the labour relations legislation in the applicable province or territory. The Arbitrator has no jurisdiction to award punitive damages.
A523	The Arbitrator or Board of Arbitration shall not have the power or authority to set aside, amend, modify, delete or add to any provision of this Agreement.
A524	The costs and expenses of the Arbitrator or Board of Arbitration shall be shared equally by the Guild, the Producer and/or the Association, when participating.
A525	The decision of the Arbitrator or Board of Arbitration shall be issued in writing to the parties to the dispute, and the Association, and shall be final and binding on the parties.
A526	Any time limitations prescribed herein may be extended by mutual agreement of the parties to the Grievance, the Guild and the Association.
A527	Notices required to be given or sent pursuant to this Agreement shall be mailed, postage pre-paid, delivered personally or by courier, or sent by telefax, or other means of near instantaneous communication (excluding electronic mail) addressed as follows: To the Guild: Writers Guild of Canada 366 Adelaide St. W., Suite 401 Toronto, Ontario M5V 1R9 FAX: (416) 979-9273 Attention: Director of Industrial Relations To the Association: Canadian Film & Television Production Association 20 Toronto Street Suite 830 Toronto, Ontario M5C 2B8 FAX: (416) 304-0499 Attention:  National Director, Industrial Relations

ARTICLE A6 - SPECULATIVE WRITING, SAMPLE PAGES AND UNSOLICITED SCRIPTS
A601	There shall be no speculative writing and therefore no Producer may require a Writer to submit Script Material without a written contract.
A602	The Producer and the Guild recognize that there may be an area where the proper and constructive exchange of ideas and criticism between a Writer and a Producer may be claimed by the Guild to be speculative writing.  Whenever the Guild feels that speculative writing has occurred, the case will be referred to the grievance procedure and the Producer's intent as determined by the facts shall be an important factor in the consideration.  In this connection, nothing in this Article shall limit the submission of original stories or prevent the Producer from discussing with any Writer any ideas suggested by such Writer, or discussing with any Writer any ideas or any material suggested by the Producer in order to determine the Writer's thoughts and reactions with respect to any such idea or other material to determine the Writer's suitability for an assignment, provided, however, that any such discussion relating to an assignment shall be subject to the provisions of Article A603.
A603	A Writer's initial interview with the Producer concerning engagement in connection with an assignment may only be with: a person authorized to make a commitment to the Writer; or a person designated by the Producer to interview Writers with regard   to the particular project under consideration.           Unless a commitment was made by the Producer in such initial interview, a second interview by the Writer with the Producer concerning the same assignment may only be with a person authorized to make a commitment to the Writer.  In no event may a third interview between the Writer and Producer take place concerning such assignment, nor may the Producer request the Writer to render any writing services, unless a firm agreement has been arrived at between the Writer and Producer as to terms and conditions of engagement prior to the third meeting or the request to render writing  services.  As used in this Article, the term "a person authorized to make a commitment to the Writer", shall mean a person who is empowered to make, subject to the negotiation of mutually acceptable terms and conditions, the final creative decision to engage a Writer for an assignment.
A604	When a Producer is considering engaging a Writer in the category of drama or Documentary and the Writer has no credits or written sample of his/her work for the appropriate category, the Producer may request the Writer to write sample pages which shall not be directly related to the prospective engagement provided that: the sample pages will be a maximum of ten standard form pages; and all rights remain with the Writer.
A605	Subject to Article A602, should a Producer wish revisions to an unsolicited Script, a contract for the Script must be entered into with the Writer before a contract for revisions is negotiated.

ARTICLE A7 - COPYRIGHT AND CONTRACTS: WARRANTIES, INDEMNITIES AND RIGHTS
A701	All rights negotiated under this Agreement or in any individual contract between a Writer and a Producer shall be in the form of a license from the Writer to the Producer for a specific use during a specified term of whatever right is in question.  The Writer's copyright shall not be assigned.  The copyright herein referred to is the copyright in the Writer's Script Material, which is separate and distinct from the copyright in the Feature Film or program.
A702	Whenever the Producer contracts a Writer, Story Editor or Story Consultant, a fee for the work contracted shall be negotiated and a contract signed before the Writer, Story Editoror Story Consultant begins work.
A703	No purely oral agreement shall be binding, nor shall it constitute grounds for an investigation of a complaint by either of the parties concerned.   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.
A704	A contract with a Writer or Story Editor shall be in the form of Appendix C or D.  All additional terms must be added as a rider to the form.
A705	All the terms of this Agreement shall be deemed to be included in each individual contract between a Producer and a Writer, Story Editor or Story Consultant, except where specific terms more beneficial to the Writer, Story Editor or Story Consultant are included in the individual contract in place of the relevant minimum terms in this Agreement.  If any provision of an individual contract conflict with the minimum terms and conditions of this Agreement, then this Agreement 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 Agreement and, as modified, the individual contract shall continue in full force and effect.
A706	When two or more Writers are involved in the writing of a Script, each Writer shall have an individual contract with the Producer, except in the case of a Team, in which case there may be one contract.
A707	A Notice of Engagement form as in Appendix E shall be filed with the Guild if there is not yet a signed contract.  A copy of every contract between a Writer, Story Editor or Story Consultant and any Producer adhering to this Agreement shall be deposited with the Guild office by the Producer within seven (7) days of the signing of the contract.  Copies of contracts provided to the Guild are to be strictly confidential between the Producer, the Writer, Story Editor or Story Consultant, and officers of the Guild.  The information contained in these contracts is not to be released by the officers of the Guild to any other persons.
A708	Nothing in this Agreement or any individual contract to which this Agreement applies shall diminish any otherwise-existing right of the Writer to collect any of the so-called "author's share" of Secondary Use Payments in connection with any production based on Script Material.   Nothing in this Agreement or any individual contract to which this Agreement applies shall diminish any otherwise-existing right of the Producer to collect any of the so-called "producer's share" of Secondary Use Payments in connection with any production based on Script Material. In this Section A708, "Secondary Use Payments" means the net amounts collected and then distributed by collective societies" (e.g. SACD, AGICOA) in respect of the retransmission outside North America, and/or the performance, communication to the public (including broadcasting worldwide but excluding retransmission in North America), private copying, rental and lending anywhere in the world, of productions based on Script Material.  Secondary Use Payments shall not be included in Distributors' Gross Revenue.   All net amounts collected and then distributed by collective societies in respect of the retransmission in North America of productions based on Script Material are deemed receivable by the Producer, the Head Distributor and/or sub-distributors and shall be included in Distributors' Gross Revenue until such time as a decision of a court or tribunal of competent jurisdiction is rendered. Nothing in this Agreement shall preclude the Guild or the Association from commencing or participating in proceedings before any court or tribunal and/or lobbying for legislative changes regarding retransmission payments in North America or Secondary Use Payments.
A709	Warranties and Indemnities.  Every individual contract shall be deemed to contain the following Warranties and Indemnities: The Writer warrants that, to the best of his/her knowledge, information and belief the Script Materials to be provided by him/her hereunder: are original to the Writer; do not infringe the copyright of any person; do not defame any person; do not invade the privacy of any person. The foregoing warranty does not apply to material included in the Script Materials supplied to the Writer by the Producer, or in respect to any claim or action that arises from any change made in the Script Materials delivered by the Writer to the Producer after such delivery. The Producer warrants that, to the best of the Producer's knowledge, information and belief, any material supplied to the Writer by the Producer for the Writer to incorporate in the Script Materials to be provided by the Writer hereunder: do not infringe the copyright of any person; do not defame any person; do not invade the privacy of any person; and that no Script Material supplied by the Writer to the Producer shall be used by, or with the approval of, the Producer in such a manner as to defame any person or to invade the privacy of any person or to violate the provisions of the Criminal Code of Canada in respect to pornography or obscenity. The Writer indemnifies the Producer against all damages and costs (including reasonable legal fees) resulting from any breach of the Writer's warranty, as evidenced by a final decision of a tribunal or a court of competent jurisdiction, or any settlement to which the Writer has consented in writing. The Producer indemnifies the Writer, his/her heirs, administrators, executors and successors against all damages and costs (including reasonable legal fees) in respect to any action or proceeding to which the Writer is made a party by reason of having created or supplied Script Materials under this contract, including but not limited to any claim arising out of any breach of the Producer's warranty as set out in Article A709(b) above, as evidenced by a final decision of a tribunal or a court of competent jurisdiction, or any settlement to which the Producer has consented in writing.  This indemnity shall not apply to any action or proceeding arising out of a breach of the Writer's warranty as set out in Article A709(b) above. Either party upon receipt of notice of any claim as a result of which the other party's indemnity might be invoked, shall promptly notify the other of such claim giving the other party full details thereof including copies of all documents received in connection therewith.  The existence of any such claim shall not relieve the Producer of the obligation to pay the Writer any monies due the Writer pursuant to the contract. Neither party shall be deemed to have waived their respective rights to defend themselves against any claim by the other for costs or damages arising out of a settlement not consented to in writing by the indemnifying party.
A710	Reversion of Rights In the event that at any time prior to the start of principal photography of a Feature Film or program based on Script Material, the Producer becomes bankrupt, insolvent is wound up, or has a receiver appointed by the Court, all rights in such Script Material shall automatically revert to the Writer. In the event that at any time subsequent to the start of principal photography of a Feature Film or program based on Script Material, the Producer is declared bankrupt, insolvent or is wound up, the Producer's successor in title (including a Trustee in Bankruptcy or receiver/manager) shall be bound by the terms of this Agreement, including the obligation to make all payments due to Writers.
A711	In the event that principal photography of a Feature Film or program based on Script Material has not commenced within seven (7) years from date of signing of the contract with the Writer, all rights in such Script Material shall automatically revert to the Writer unless otherwise provided in the individual contract.  If an Assumption Agreement in the form set out in Appendix J has been entered into and consented to by the Guild, the party assuming the rights and obligations shall be bound by the original seven (7) year period, or the provisions of the individual contract.
A712	Should the rights in Script Material revert, all rights in additionally contracted Rewrites based on such Script Material shall simultaneously revert back to the contracted Writer(s).
A713	Notice of Bankruptcy, Insolvency or Winding up of Producer In the event, the Producer becomes bankrupt, insolvent, or is wound up, or has knowledge that a Receiver, Trustee in Bankruptcy or Interim Receiver may be appointed to take over administration of the Producer's assets, the Producer shall notify the Guild immediately in writing of such circumstances and/or appointment and shall provide all relevant particulars, including the names and contact information for such Receiver, Trustee in Bankruptcy or Interim Receiver.
A714	Acquisition of Further Rights The Producer may acquire rights to Script Material in addition to those previously contracted under this Agreement upon terms and conditions to be mutually agreed between the Producer and the Writer, provided that: all such agreements for further rights shall be by written consent; when such rights are governed by this Agreement, the terms and conditions shall be not less than those stipulated in this Agreement; and when such rights are not governed by this Agreement, the fee negotiated shall be in addition to the fees paid for the rights governed by this Agreement, and the contract shall clearly set out that such rights are in addition to the rights governed by this Agreement.
A715	Rights Licensed. On payment of the Script Fees as provided herein, the Producer shall acquire, subject to Articles A710 to A712, an exclusive license to produce a single production made from the Script.
A716	On the payment of the Production Fee stipulated in C10 and subject to payment of continuing Distribution Royalties as required by C11 or other payments as set out in C412, C512, C610 or C9 the Producer shall acquire the exclusive license for unlimited world distribution of a Feature Film, and unlimited world distribution, except theatrical distribution of a Television Production.

ARTICLE A8 – STORY EDITORS AND STORY CONSULTANTS
A801	When the duties of individuals include the functions of a Story Editor or Story Consultant, they will be contracted separately as Story Editors or Story Consultants under this Agreement.
A802	Story Editors or Story Consultants shall be contracted on an episodic, daily, weekly or monthly basis.
A803	Story Editors' or Story Consultants' fees shall not be deductible from the Production Fee or Distribution Royalties.
A804	Story Editors or Story Consultants shall receive on-screen credit, the nature and location of which will be set out in the Story Editors' or Story Consultants' contracts.
A805	A Story Editor shall not be eligible for a writing credit or any portion of the Script Fees, Production Fee or Distribution Royalties for any Rewrite.
A806	A Story Editor who writes a Story or Screen Story, or complete Script under Articles C402, C403, C501, C601, C602, C603, C606 or C701 shall be separately contracted as a Writer for such Script Material and shall be eligible for a writing credit and that portion of the Production Fee and Distribution Royalties set out in Article A1109(a) for any such Story or Screen Story, or complete Script.
A807	A Story Consultant who writes, re-writes or polishes any Script Material shall be separately contracted as a Writer for such services and shall be eligible for a writing credit and that portion of the Production Fee and Distribution Royalties set out in Article A1109(a) for the above work.
A808	Seventy-five percent (75%) of Story Editors' Gross Fees and Story Consultants' Gross Fees contracted under Article A801 shall be subject to the payments and deductions set out in Articles A12 and A13.  Commencing January 1, 2005, one hundred percent (100%) of Story Editors' Gross Fees and Story Consultants' Gross Fees contracted under Article A801 shall be subject to the payments and deductions set out in Articles A12 and A13.  For the purposes of this Article only, when a Story Editor is contracted in additional capacities, the Producer shall allocate a representative portion of that individual's fees as Story Editor Gross Fees.

         

ARTICLE A9 - CREDITS OBLIGATION TO GIVE CREDIT
A901	In each contract with a Writer for a Feature Film or Television Production, the Producer shall provide credits to be given a Writer, Story Editor or Story Consultant 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 A925 to A938.
A902	Specific times shall be reserved in each production for credits to Writers, Story Editors or Story Consultants.  Such credits shall appear in the following manner: In the case of Feature Films and Television Productions, Writers' credits shall be governed by the provisions of this Article. In all other cases, credits shall be governed by the terms of the contract between the Writer or Story Editor or Story Consultant and the Producer.
FORMS OF CREDIT
A903	In the case of Feature Films, subject to Articles A905 and A906, the only writing credits permitted shall be as follows: Where a Writer has written both the Story or Screen Story and the Script for a production, the 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. Where a Writer has made a substantial written contribution to the writing of the Script, the Writer shall be entitled to the screen credit "SCREENPLAY BY...".
A904	In the case of Television Productions, subject to A905 and A906, the only writing credits permitted shall be as follows: Where a Writer has written both the Story or Screen Story and the Script for a program, the 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. Where a Writer has made a substantial written contribution to the writing of a Script, the Writer shall be entitled to the screen credit "TELEPLAY BY...". Where a Writer has written a Documentary, the Writer shall be entitled to the screen credit "WRITTEN BY...". Where a Program Writer has written a Magazine Format Program, the 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. Where a Show Writer has written a Variety program, the 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. Where a Contributing Writer has written a Variety or Magazine Format Program, the Writer shall be entitled to the credit "CONTRIBUTING WRITER...". Continuity Writers shall be entitled to the credit "CONTINUITY WRITER...".
A905	The only other writing credits permitted (hereinafter referred to as subsidiary writing credits) shall be as follows: Where a 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 Writer shall be entitled to the screen credit "STORY BY..." or "SCREEN STORY BY..." as the case may be. Where a substantial contribution to a program is in the form of Narration, screen credit shall be given in the form of "NARRATION WRITTEN BY...".
A906	Where the major writing contribution to a film is in the form of Narration, credit shall be subject to all the terms and conditions contained herein relating to writing credit.
A907	Where a Writer has written a Documentary Script, the credit will be "DOCUMENTARY SCRIPT BY...".  Where a Writer has written a Narration Script, the credit will be "NARRATION WRITTEN BY...".  Alternatively, if all credited writers agree, the combined credit may be "WRITTEN BY....and....".  If a Writer or Writers has written both the Documentary Script and the Narration Script, the credit may be "WRITTEN BY...".
A908	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 a Writer without the prior approval of the Guild.  The approval of the Guild shall not be unreasonably withheld.
A909	Where a credited 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 WRITERS
A910	The number of Writers who may share credit for a Script in accordance with Articles A903 and A904(a), (b) and (c) hereof shall not exceed three.
A911	The aggregate number of Writers accorded subsidiary writing credits shall not exceed four.
A912	In exceptional cases the number permitted in Articles A910 and A911 may be increased with the consent of the Guild which consent will not be unreasonably withheld.
A913	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 Writers' names shall be separated by the word "and".   When Writers' names are separated by the word "and", the names of the Writers shall appear in the order in which they were engaged on the production.
POSITION AND SIZE OF CREDITS
A914	The name of a 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.
A915	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 writers accorded writing credit.
A916	Subject to the provisions of Articles A903 and A904, the 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 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), Writer, Director Producer, Writer, Director Writer, Producer, Director (in tail credits) Director, Writer, (any other credit) Director, Writer, Producer Director, Producer, Writer When any credit is shared by sequential writers, the names of the writers shall appear in the order in which they were engaged.
A917	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 A916.
CREDIT IN ADVERTISING AND PUBLICITY
A918	Subject to any waiver under Article A924, the Producer shall accord writing credits on: 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. 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. Equal prominence shall be given to all credited writers in advertising and publicity.
DUTY OF PRODUCER TO NOTIFY
A919	No later than fifteen (15) days prior to the first scheduled day of principal photography 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 A903 to A909 and in the form of the Notice of Intended Writing Credits as in Appendix F.  Such notice will indicate the order in which the Producer proposes to announce the names of the 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 A916.  If the production company proposes a 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 photography.           The Producer shall send to the Guild and to every Story Editor or Story Consultant who has been engaged to provide Story Editor or Story Consultant services on any production the Notice of Intended Writing Credits form in Appendix F indicating intended on-screen Story Editor credit(s) or Story Consultant credit(s) as negotiated per Article A804, and showing the placement and order in which the Producer proposes to announce the names of the Story Editors or Story Consultants.  The Producer must file this notice for all productions prior to their wrap date.
A920	If any subsequent alteration to the intended writing or subsidiary writing credit is intended, the Producer shall notify the Guild and all Writers involved of its intended alteration, but in any case the Producer shall notify any 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.
A921	All notifications referred to in Article A9 shall be sent by hand or facsimile and shall be delivered to the last known address of each Writer, Story Editor or Story Consultant or his agent or to any other address which the Writer, Story Editor or Story Consultant notifies to the Producer before the dispatch of such Notice.
A922	Upon the Guild's request, the Producer shall provide a copy of the shooting script, or, at the Producer's discretion, reasonable access to the shooting script, to any Writer, Story Editor or Story Consultant receiving the Notice of Intended Writing Credits.
A923	Subject to the provisions of Article A920 and A924, 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 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 WRITER, STORY EDITOR OR STORY CONSULTANT TO FORGO CREDIT
A924	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.  A Writer who declines a credit shall, nevertheless, retain his/her rights to participate in the Royalty/Residual fees that may be due on the exploitation of the program.  Where a Writer, Story Editor or Story Consultant declines a credit, the Writer, Story Editor or Story Consultant 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 Writer's, Story Editor's or Story Consultant's rights including but not limited to compensation of any kind shall be affected by the use of a pseudonym.
RULES OF CREDIT ARBITRATION
A925	If, within the period provided for Article A923, a written objection is received by the Producer and the Guild from any Writer to whom such a draft has been sent, such objection shall (subject to Article A939) be dealt with as follows:
A926	The Guild shall forthwith appoint three Arbitrators 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 Association.  Arbitrators appointed under this provision are not "arbitrators" within the meaning of any labour relations legislation.  The Credit Arbitration procedure must be completed before the grievance and arbitration procedure in Article A5 - Grievance Procedures and Resolution, or any expedited arbitration provision in any labour relations legislation, may be initiated.
A927	Within seven (7) days of the objection being received by the Producer, the Producer shall deliver to the Guild four (4) legible copies 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 of which the Producer does not have a copy.  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 production is based on Source Material, the Producer shall also deliver four (4) copies of the Source Material to the Guild.
A928	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 has been included.  If any writer indicates that additional Script 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 : engaged by the Producer (or predecessor of the Producer); or who has had Script Material acquired or purchased by the Producer (or predecessor of the Producer); or whose Script Material has been provided by the Producer (or predecessor of the Producer) to subsequent Writers engaged on the same program; or 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.
A929	The credit arbitration shall commence when the Guild receives the signed confirmation referenced in Article A928 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.
A930	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.
A931	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.
A932	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.
A933	Participating writers are permitted, but not obligated, to submit a personal or chronological statement or both, within five (5) days of notice from the Guild that a credit arbitration is required.  Statements shall accompany the material going to the Arbitrators.  Statements shall be copied to all participating writers who have submitted a statement.  Participating writers may then prepare a response which is due no later than three (3) days following receipt of the other writers' statement(s).  All responses shall also form part of the list of material submitted to the Arbitrators.
A934	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 A928 above or deemed approval as per Article A929 of all material referred to in Article A927, the Arbitrators shall deliver their decision in writing to the Guild.  The Guild shall immediately convey the decision in writing to the Producer.
A935	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 set out in the Notice referred to in Article A919 shall be final and binding on all parties.
A936	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.
A937	The decision of the Arbitrators may be published in such media as the Guild may determine.
A938	With respect to Article A9, the 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 A5.
OTHER AGREEMENTS
A939	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 A9, 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.
ALTERNATIVE PROCEDURE
A940	If an objection to proposed credits is received by the Producer within the fourteen (14) or seven (7) day period provided for in Article A923, as a preliminary alternative to arbitration in accordance with Articles A925 to A938, 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 A925 to A938 as though such revised draft were the original draft.
AGREEMENT BETWEEN WRITERS ON CREDITS
A941	When more than one Writer has contributed to the writing of a Script and all contributing Writers agree unanimously among themselves as to which of them shall receive credit and to the form of such credit, then provided that: the number of Writers receiving such credit does not exceed two (where two Writers have collaborated on a Script as a bona fide Team, the credit of these two Writers shall count as one credit); the form of such credit is in accordance with this Article; 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
A942	In any contract with a third party into which the Producer enters which relates to dealing with any rights in the work of a Writer, the Producer shall obtain an undertaking that such third party will: 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 Writer of the Producer herein contained;           in the case of a contract for the distribution or sale of any program in respect of which such Writer is entitled to credit hereunder, accord the 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 A924) 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.
A943	The Producer shall be relieved of its obligations to accord Writer credit on all copies of the Production made or issued by a third party as referenced in Article A942(b) only if the Producer obtains a signed copy of the undertaking provided in Appendix L and delivers it to the Writer. Should the Producer fail to obtain such undertaking, the Producer shall remain responsible for all obligations for credit accorded to the Writer, and shall be liable for any breach of the contract with the Writer or this Agreement arising out of any breach of Article A9 credit provisions, including breaches by a third party with whom it has signed a contract for distribution or sale.
INADVERTENT BREACH OF ARTICLE A9
A944	No inadvertent breach of the terms of Article 9 shall be deemed a breach of Article 9 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.
A945	Should the Producer fail to provide the credits on the Production as required above, the Producer agrees to the following remedy: to correct the omission prior to public showing where practicable; or 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 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 Association and the Guild.  The cost of these advertisements will be borne by the Producer.
PRODUCTION CREDITS
A946	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.
A947	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.

ARTICLE A10 - SECURITY FOR PAYMENT
A1001	The Guild is entitled to require a Producer to post, no earlier than thirty (30) days before the commencement of principal photography, security for payment sufficient to cover: a) the Production Fee, and b) insurance and retirement payments required under this Agreement.  The said security shall take the form of a cash deposit to be held in trust by the Guild, in an interest-bearing account, and all the accrued interest shall be the property of the Producer.  At the Producer's election, the security for payment may take the form of one or more irrevocable letters of credit in favour of the Guild, drawn on a Canadian chartered bank.   The face of the letter of credit shall specify that: the Guild shall be entitled, upon written notice to the Producer, to draw down on the letter of credit.  The letter shall stipulate the amount claimed and that such amount is due to the Guild as a result of default by the Producer of its payment obligations as specified in the Agreement; the said letter of credit shall have a term commencing not sooner than thirty (30) days prior to the commencement of principal photography and terminating at a mutually agreed date after the completion of principal photography; in the event of a dispute involving outstanding payments due under the Agreement, the Producer agrees to reissue a letter of credit or to post a bond in an amount equal to those amounts in dispute for as long as those amounts remain in dispute; and when a bona fide dispute arises, all remedies and recourses provided by this Agreement shall be exhausted, or an Arbitrator shall rule in favor of the Writer prior to any disbursement from the Security Payment.
A1002	The provisions of A1001 (iii) and (iv) shall apply equally to a bond.
A1003	Notwithstanding Article A1001, an Established Producer as defined herein shall not be required to post as security a cash deposit, letter of credit or bond, but shall instead be entitled to provide to the Guild a corporate guarantee in the form provided in Appendix M.
A1004	An Established Producer shall mean a Producer: whom the Association confirms by written notice to be a member in good standing; who has maintained an active production entity with established offices and staff for the previous four years, and has engaged Guild members for a minimum of eight hours of completed programming; and who has had a good track record for payment of Guild members excluding minor infractions a Producer who is wholly-owned by a production entity which meets the above criteria.
A1005	The Producer shall give the Guild notice within thirty (30) days prior to the start of principal photography of its intention to provide a corporate guarantee.
A1006	Should the option for a corporate guarantee be denied, a timely request having been made, the Producer shall have recourse to the following appeal procedure: the Guild meet with the Producer within five (5) business days of denial of a request; an appeal committee shall be formed which will consist of the Director of Industrial Relations of the Guild and a representative of the Association; should there be no consensus at this meeting, the Producer shall post the cash bond required by the Guild as a gesture of good faith pending the outcome of presenting its case in front of the Joint Standing Committee as set out in Article A5 of this Agreement; and should the Joint Standing Committee rule in the Producer's favour, the Guild will immediately return the cash bond, with interest if applicable, and accept the alternative security payment agreed to by the Joint Standing Committee.

ARTICLE A11 - PAYMENTS
A1101	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 agreement.
A1102	Upon receipt of materials as scheduled in the Writer's contract, the Producer shall pay all sums due to the Writer within fifteen (15) calendar days and no payments shall be contingent upon the acceptance or approval by the Producer of the Writer's material.
A1103	When any payment is late, the Producer shall pay that Writer, Story Editor, Story Consultant or the Guild as the case may be, interest on the overdue sum at the rate of 24% per annum, computed on a monthly basis.
A1104	Payment shall be made directly to the Writer, Story Editor or Story Consultant unless written authorization has been received by the Producer from the Writer, Story Editoror Story Consultant authorizing payment to a third party.
A1105	No portion of any minimum fee provided in this Agreement shall be deferred for any reason.
A1106	When making any payment to a Writer, Story Editor or Story Consultant the Producer shall specify the production and the date of contract and the details of the calculation of the payment.
A1107	Subject to Article B108, no rights in any Script Material covered by this Agreement shall be conveyed by the Writer to the Producer until the total Script Fee has been received by the Writer, or until the Writer receives notice, in terms of Article B107, that the Producer does not wish the Writer to proceed with the Script and all amounts due up to or upon such termination have been received by the Writer. If the Production Fee is not paid on or before the first day of principal photography, notice of default shall be given to the Producer.  If the Producer does not cure such default within seven (7) days of receipt of notice, the rights conveyed by the Writer shall revert to the Writer, subject to reconveyance of the rights to the Producer upon payment.
A1108	In the event that a Writer fails to meet a deadline specified in his or her contract, the Producer may decline to deal further with the Writer, being obliged to pay only for work already completed and delivered on time.  However, if a Writer fails to meet a deadline specified in his/her contract by reason only of the 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 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 Producer's right to terminate.  If the Producer delivers such notice, the Producer shall be deemed to have acquired a license in the Script Material delivered prior to the missed deadline and shall be entitled to engage one or more other Writers to write the Late Material.  Producer shall remain obligated to the first Writer for his/her share of any Production Fee and Distribution Royalty which may become due as a consequence of the Producer's use of that first Writer's Script Material.
A1109	Division of Production Fee Among Credited Writers           Where it is necessary to divide any Production Fee or Distribution Royalty among the credited Writers, the division shall be as follows:          All Programs Except Variety Programs and Documentaries The credited Writer(s) of the Story or Screen Story contracted under this Agreement shall share equally twenty percent (20%); If a Writer has been contracted to write a Story or Screen Story for an episode of a Series, and an Outline is required from another Writer, then ten percent (10%) shall be paid to the Writer of the Story or Screen Story, and ten percent (10%) shall be paid to the Writer of the Outline; The credited Writer(s) of the Script contracted under this Agreement shall share equally one hundred percent (100%) if there is no Story or Screen Story credit, or eighty percent (80%) where there is a Story or Screen Story credit; When no Story or Screen Story is contracted separately, the Outline shall be deemed to include the Story or Screen Story.          Variety and Magazine Format Programs When the only credited Writers have been contracted as Show Writers or Program Writers, they shall share equally one hundred percent (100%); When the credited Writers have been contracted as Show Writers or Program Writers and Contributing Writers, the Contributing Writers shall receive a percentage based on the number of minutes in the Program written by each such Contributing Writer divided by the number of minutes in the Program, and the balance shall be shared equally among the credited Show Writers; When the only credited Writers have been contracted as Contributing Writers, one hundred percent (100%) shall be shared among them, based on the number of minutes in the Program written by each such Contributing Writer divided by the number of minutes in the Program. Documentaries When Writers are contracted for the writing of a Documentary and for the writing of Narration, and more than one Writer is credited, the Production Fee will be divided sixty percent (60%) to the credited Documentary Writer(s) and forty percent (40%) to the credited Narration Writer(s).  In such an event, when more than one Writer is credited for the Documentary or Narration Script, the sixty percent (60%) Documentary Production Fee and forty percent (40%) Narration Production Fee shall be divided equally among the credited Documentary or Narration Writers.
A1110	Distribution Royalty Payments: Distribution Royalty payments shall be made only to credited Writers contracted under this Agreement.  Such payments, if any, shall be made as per the reporting periods below. When payments to any other party entitled to a share of the Distributors' Gross Revenue are made more often, the Writer shall be accorded equal treatment.  The Producer may elect to make Distribution Royalty payments more frequently. At least annually and while the production is in distribution, the Producer shall furnish to the Guild, a statement of all Distributors' Gross Revenue certified as correct by the Producer in the form of, and displaying the information required in Appendix G.  Each report shall be delivered to the Guild in the same manner and frequency as the Producer reports to government agencies and/or other financiers.  The first reporting period ends ninety (90) days following the delivery of the production to the Distributor.  The reports shall be accompanied by the aggregate Distribution Royalty payments payable to Writers and an outline of the method of calculation of the Distribution Royalty. The Guild shall be entitled to appoint one or more person(s) to examine the records of a Producer relating to a Feature Film or program for the purpose of satisfying itself as to the propriety of the statement. Distribution Royalty payments due under the terms of this Agreement shall be paid to the Writers out of Distributors' Gross Revenue in priority to payments due to all other parties entitled to a share of the Distributors' Gross Revenue.  The Producer shall be deemed to hold the aggregate Distribution Royalty payments in trust for the Writer(s) from the time that Distributors' Gross Revenue are received (or, in the case of a Distributor that is not at arm's length to the Producer, accrued) until the disbursement of same to the Guild on the due date, i.e. the date that each report is due. At the request of the Guild, the Producer will consent to the release of true copies of the reports dealing with Distributors' Gross Revenue, which have been filed with the government agencies and/or other financiers. When a Feature Film or programis distributed or otherwise exploited as part of a package of Feature Films or programs, the Distribution Royalty payments arising on account for such distribution shall be paid the Guild in trust for the Writers entitled thereto.  The Guild shall determine the allocation of such payments to such Writers, taking into account the Producer's allocation of the revenue among the Feature Films or programs in any package.  The Producer shall report such allocation when remitting the Distribution Royalty payments. Each Distribution Royalty payment to the Guild in the case of royalties arising from the distribution of a of Feature Film or program as part of a package, shall be accompanied by the Distribution Royalty Payment Form which is Appendix G of this Agreement.  The Producer shall provide all information specified on the Form.  At the time of payment, one copy of the Form shall be sent to the Writer and one copy shall be sent to the Guild. Fair Market Value: The Producer and/or distributor shall meet with the Guild to determine the fair market value of a program should such program be distributed for use by means of barter or exchange or other means for which a nominal fee or no fee is charged, or as part of a package of programs.  The Distribution Royalty payments to Writers shall be based on such agreed fair market value. If a Producer acts as a distributor for a production or as a sub-distributor or has any interest in a distribution company that handles the production, this Article shall apply.
A1111	If a Writer, Story Editor or Story Consultant is entitled to a share of the gross revenues or profits (or net revenues or profit, as the case may be) from a Feature Film or television program produced under this Agreement, then the definition of gross (or net) revenues or profits used to calculate such Writer's, Story Editor's or Story Consultant's share shall be no less favourable than the definition used to calculate the share of any other person(s) entitled to share in such gross (or net) revenues or profits.
A1112	The Writer(s) of a Script and the Guild shall be entitled to appoint one or more persons (the "representative") who, for the purpose of verifying the propriety of payments made under this Agreement, shall have the right to examine and audit, during normal business hours, all books, records, accounts, receipts, disbursements and any other relevant documents related to a production based on the Script.  Upon giving reasonable notice to the Producer, the representative(s) shall be entitled to enter at normal place of business at annual intervals or more frequently, if warranted by the circumstances, as determined by the Guild.  Such persons shall treat such information as confidential and shall use it only in relation to the matter at issue.  The Producer shall forthwith pay the Writer(s) any payments found to be owing as a result of such audit.  If the aggregate payments to which the Writer or Writers are or were entitled exceed the aggregate payment made to the Writer(s) by an amount which is in excess of five percent (5%) of the aggregate payments made, the Producer shall pay to the Guild its audit costs but not less than $100, nor more than an amount equal to twice the discrepancy.
A1113	Purchaser's Assumption Agreement If the Producer sells, assigns, or otherwise disposes of any production produced under this Agreement, or any rights thereto, except for distribution rights (in which case Article A1114 shall apply) the Producer shall not be relieved of any of its obligations for payments due or reporting required under this Agreement, unless the third party to whom the said property or rights have been sold, assigned or otherwise disposed of (the Purchaser) assumes the obligations for such payments and reporting under this Agreement by the Assumption Agreement in the form contained in Appendix I, and the Guild approves the assumption in writing.  Such approval shall not be unreasonably withheld. If the producer sells, assigns or otherwise disposes of rights licensed under this Agreement in Script Material which has not been produced, the Producer shall not be relived of any obligations under this Agreement unless the third party to whom the rights licensed have been sold, assigned or otherwise disposed of (the Purchaser) assumes the obligations for such payments and reporting by Assumption Agreement in the form contained in Appendix J, and the Guild approves the assumption in writing.  Such approval shall not be unreasonably withheld. Upon seeking the approval of the Guild upon a sale, assignment or other disposition as provided for herein, the Producer shall provide to the Guild such information and material pertaining to the Purchaser as the Guild may reasonably require, including but not limited to, the financial status of the Purchaser, the individual principals and/or directors of the Purchaser, and the terms and conditions of the Purchase Agreement.
A1114	Distributor's Assumption Agreement If the Producer, its successors and assigns, licences, sells, disposes or otherwise conveys any distribution rights in a program produced under this Agreement, the Producer shall use its best efforts to obtain an executed Distributor's Assumption Agreement.  In respect of any outright sale or conveyance hereunder, (i.e. a disposition, the terms of which, do not include a requirement to report revenue to a Producer) a fully-executed Distributor's Assumption Agreement with the applicable Distributor(s) is a condition precedent to such sale or conveyance.  The Distributor's Assumption Agreement shall be in the form attached as Appendix H. Upon seeking the approval of the Guild to an assignment, licence, sale, disposition of conveyance of distribution rights, the Producer shall also provide to the Guild such information and material pertaining to the Distributor, as the Guild may reasonably require, including but not limited to, the financial status, the individual principals and directors of the Distributor, and the conditions of the agreement which licenses, sells, disposes or otherwise conveys the applicable distribution rights. The Producer shall not be relieved of any of its obligations for payments due under the Agreement, unless the distributor to whom the distribution rights have been licensed, sold, assigned, or otherwise disposed of (the Distributor) assumes the obligations for such payments by a Distributor's Assumption Agreement in the form contained in Appendix H, and the Guild approves the assumption in writing.  The Guild's approval shall not be unreasonably withheld.

ARTICLE A12 – ADMINISTRATION FEE
A1201	Seventy-five percent (75%) of Story Editors'or Story Consultants' Gross Fees as set out in Article A807 are subject to the payments and deductions set out in this Article.  Commencing January 1, 2005, one hundred percent (100%) of Story Editors' or Story Consultants' Gross Fees as set out in Article A807 are subject to the payments and deductions set out in this Article.
A1202	The Producer shall assist in defraying the cost of administering the terms of this Agreement by paying as an administration fee the following percentage of Gross Fees: If the Producer is a Member in Good Standing of the Association as of the date of the remittance of the fee, (which membership in good standing shall be confirmed by the Association by written notice), 2% to a maximum of $750 per production or episode to the Guild, and 2% to a maximum of $1500 per production (Feature, Television Movie, Pilot, etc.) or $1000 per episode of a Series directly to the Association. If the Producer is not a Member in Good Standing of the Association as of the date of the remittance of the fee, as evidenced by written notice from the Association to such effect, 6% with no maximum for any Production or Episode, such amount to be sent directly to the Guild.
A1203	The Producer shall remit the administration fees to the Guild and to the Association on or before the 15th of the month following the payments of the Writer's, Story Editor's or Story Consultant's fees.  The fees shall be payable by cheques to the Guild and to the Association and mailed to the Guild and Association offices.
A1204	All amounts collected under Article A1202(ii) above shall be divided as follows:  50% shall be retained by the Guild and 50% shall be paid to the Association. The Guild shall remit the respective shares of the administration fees itemized by production to the Association within 30 days of the end of each calendar quarter.  Upon seventy-two (72) hours notice, an authorized representative of the Association may, during normal business hours, inspect the books and records of the Guild pertaining to the collection and remittance of the administration fee.
A1205	Amounts paid under Article A1202 to the Guild and to the Association shall each be accompanied by a completed copy of the Remittance Statement Form Provided to Producers.
A1206	During the life of this Agreement, the Association may amend the amounts payable to the Association set out in Article A1202(i).

ARTICLE A13 – INSURANCE AND RETIREMENT PLAN, AND DEDUCTIONS FROM WRITER'S FEES
A1301	Seventy-five (75%) percent of Story Editors' or Story Consultants' Gross Fees as set out in Article A807 are subject to the payments and deductions set out in this Article.  Commencing January 1, 2005, one hundred percent (100%) of Story Editors' or Story Consultants' Gross Fees as set out in Article A807 are subject to the payments and deductions set out in this Article.
A1302	Insurance.  The Producer shall contribute an amount equal to four percent (4%) of the Gross Fees of each Writer, Story Editor or Story Consultant who is a Guild member for insurance benefits.
A1303	Retirement Plan.  The Producer shall contribute an amount equal to six (6%) of the Gross Fees of each Writer, Story Editor or Story Consultant who is a Guild member for retirement benefits.
A1304	Deduction from Writer's Fees – Retirement Plan.  The Producer shall deduct, for retirement purposes, from the Gross Fees earned by each Writer, Story Editor or Story Consultant, three percent (3%) of such Gross Fees.
A1305	Deduction from Writer's Fees – Guild Dues The Producer shall deduct two percent (2%) of the Gross Fees paid to any Writer, Story Editor or Story Consultant who is a member of the Guild, and shall deduct five percent (5%) of the Gross Fees paid to any non-member Writer, Story Editor or person designated by the Guild as a non-member (except persons excluded under Article A106).
A1306	Non-member Equalization Payments & Deductions In order to equalize the payments and deductions in respect of Guild members and non-members, the Producer shall contribute an amount equal to ten percent (10%) of the Gross Fees paid to each Writer or Story Editor who is not a member of the Guild. The Equalization payments and deductions made in respect of non-members may be used and applied by the Guild and the agent or broker mutually agreed upon by the parties to this Agreement for disposition in such manner and for such purposes as may be determined in the absolute and unfettered discretion of the Guild and the broker mutually agreed upon by the parties to this Agreement.
A1307	All contributions and Writer deductions for the Insurance and Retirement plan, and all Non-member Equalization payments made pursuant to this Article shall be made payable to the agent or broker mutually agreed upon by the Parties to this Agreement.  Deductions from Writer's Fees for Guild Dues shall be made payable to the Guild.  All payments shall be sent to the Guild office, and shall be payable monthly on or before the 15th of the month following the earning of such fees.
A1308	All deductions required by this Article will be remitted with information on the Writer, Story Editor or Story Consultant, the contract, the services contracted, and such other information as may be agreed upon from time to time by the parties hereto.