OBLIGATION TO GIVE CREDIT

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 A927 to A940.

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:

1. In the case of Feature Films and Television Productions, Writers' credits shall be governed by the provisions of this Article.
   
   
2. 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

In the case of Feature Films, subject to Articles A905 and A906, the only writing credits permitted shall be as follows:

1. 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.
   
   
2. 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...".

In the case of Television Productions, subject to Articles A905 and A906, the only writing credits permitted shall be as follows:

1. 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.
   
   
2. 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...".
   
   
3. Where a Writer has written a Documentary, the Writer shall be entitled to the screen credit "WRITTEN BY...".
   
   
4. 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.
   
   
5. 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.
   
   
6. Where a Contributing Writer has written a Variety or Magazine Format Program, the Writer shall be entitled to the credit "CONTRIBUTING WRITER...".
   
   
7. Continuity Writers shall be entitled to the credit "CONTINUITY WRITER...".

The only other writing credits permitted (hereinafter referred to as subsidiary writing credits) shall be as follows:

1. 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.
   
   
2. 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...".

LIMITATION OF NUMBER OF WRITERS

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

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.

CREDIT IN ADVERTISING AND PUBLICITY

Subject to any waiver under Article A926, the Producer shall accord writing credits on:

1. 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.
   
   
2. 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

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 A911 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 A918.  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.

RIGHT OF WRITER, STORY EDITOR OR STORY CONSULTANT TO FORGO CREDIT

RULES OF CREDIT ARBITRATION

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.

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 :

1. engaged by the Producer (or predecessor of the Producer); or
   
   
2. who has had Script Material acquired or purchased by the Producer (or predecessor of the Producer); or
   
   
3. whose Script Material has been provided by the Producer (or predecessor of the Producer) to subsequent Writers engaged on the same program; or
   
   
4. 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.

OTHER AGREEMENTS

ALTERNATIVE PROCEDURE

AGREEMENT BETWEEN WRITERS ON CREDITS

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:

1. 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);
   
   
2. the form of such credit is in accordance with this Article;
   
   
3. 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

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:

1. 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;
   
   
2. 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 A926) 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.

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 A944(b) only if the Producer obtains a signed copy of the undertaking provided in Appendix U 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

Should the Producer fail to provide the credits on the Production as required above, the Producer agrees to the following remedy:

1. to correct the omission prior to public showing where practicable; or
   
   
2. 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 relevant Association and the Guild.  The cost of these advertisements will be borne by the Producer.

PRODUCTION CREDITS