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Article 2 Definitions

Article 2 - Definitions

201

Animation Production means a production consisting entirely of a photographed series of drawings or electronically generated images or other means that simulate motion.  These include but are not limited to; CGI, claymation, motion capture and traditional animation, which techniques may be used exclusively or in combination. Wherever this section refers to Production it shall mean Animation Production.

202

Animation New Writer means a means a person who writes Script Material for Animation Productions and who, at the time of contracting with a Producer on a Series, has previously received no more than five (5) animation screen credits as a contracted writer (excluding digital credits for webisodes).  Use of this provision is limited to two (2) scripts per thirteen (13) scripts contracted under this Agreement for the Series.  An Animation New Writer shall be contracted at fifty percent (50%) of the applicable Script Fee. 

203

Animation Story Editor means:

  1.  a person, regardless of title or credit received, whose duties include writing Rewrites, Polishes and may also include script consultation for a Series or Serial; or
     
  2.  a person participating in a group session on a Series or Serial whose duties include developing and/or breaking stories and/or consulting on Script Material, where a Bible and/or Pilot Script already exists and serves as the basis for the group session.  Where such persons are only engaged to perform the work contemplated under this clause (b) such work shall not attract credit under Article 603.

This shall not include individuals generally recognized as “technical consultants”, whose expertise as engaged is not in the area of writing.

Wherever this Section refers to Story Editor it shall mean Animation Story Editor.

204

Animation Writer means a person who writes Script Material for Animation Productions, including an Animation New Writer.  Wherever this Section refers to Writer it shall mean Animation Writer.

205

Collective Society means a society, association, corporation or other organization that carries on the business of collecting and distributing royalties or levies payable in respect to copyright for the benefit of those who, by assignment, granted licence, appointment of it as their agent or otherwise, authorize it to act on their behalf in relation to that business.

206

Draft Script means a complete draft of any Script in a mutually agreed form the length to be specified by the Producer.

207

Feature Film  means a film of sixty-one (61) minutes or more in length intended initially for theatrical distribution.

208

Gross Fees means the fees as contracted under any Article of this Section, exclusive only of money for expenses such as per diem allowances or travel expenses.

209

Merchandising Rights means those rights required for manufacture, sale and distribution of all merchandise featuring, containing or consisting of the names, characters, symbols, designs, likenesses and visual representations of the literary and/or artistic characters created, described or portrayed in the Script Material.

210

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 five thousand (5000) 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.

211

Polish means minor improvements of script details within the basic structure of the scenes as written, and shall not included changes in the structure, addition or deletion of characters, alterations of plot, or reworking of more than five percent (5%) of the dialogue.

212

Producer means the individual, corporation, partnership, limited partnership or other person that controls, administers, or is responsible for any production (whether or not that person is or will be copyright holder of the finished program).

213

Rewrite means writing which significantly changes the plot, story line, dialogue, and/or the characters in the Script.

214

Screen Story means written narrative material contracted under this Section for a Production, based on source material, consisting of the basic narrative, idea, or theme and indicating character development and actions suitable for use in or representing a substantial contribution to a final script; provided, however, that the Animation Writer shall not be obligated to (a), insert dialogue in a Screen Story (except in the extent necessary to show characterization), or (b) prepare the Screen 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.

215

Script Fee means the total remuneration payable by the Producer to a Animation Writer, unless otherwise negotiated.

216

Script Material means any material covered by this Section 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 Section.

217

Secondary Use Payments means the net amounts collected and then distributed by Collective Societies in respect of

  1.  the retransmission outside North America; and/or
     
  2.  the performance, the communication to the public (excluding broadcasting worldwide and retransmission in North America), private copy, rental and lending anywhere in the world,

of Animation Productions based on the Script Material.

218

Story means written narrative material contracted under this Section for  an Animation Production for television, 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.

219

Team means two (or more, with the consent of the Guild, which consent shall not be unreasonably withheld) Animation Writers engaged by the Producer at the same time who have agreed to collaborate on the script or scripts.  A Team will be deemed to be one Animation Writer for the purposes of this Section.  Payment will be split equally between or among the Animation Writers of the Team.

220

Treatment means the scene by scene development and structuring in a mutually agreed form of a Story in screen terms provide a synopsis or schematic of the Feature Film Script to be written from it in twenty thousand (20,000) words or less.  The Treatment shall be deemed to include a Story or Screen Story.

 

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