Article B1 Conditions Governing Engagement for all Program Types
Article B1 - Conditions Governing Engagement for all Program Types
Script Fees and Production Fees for productions with Budgets of sixty thousand dollars ($60,000) or less are negotiable between the Writer and Producer. |
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Any amount in excess of the minimum Script Fees may be paid on a schedule to be negotiated by the Writer and Producer, but in any case shall be paid in full no later than delivery of the last stage provided for in the original contract. In the case of termination, any amounts in excess of the minimum Script Fees shall be paid pro rata with the minimum Script Fees, and paid at the time of termination. |
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A contract between a Writer and a Producer shall not provide for more than three stages and a Polish (or, in the case of a documentary Script with Narration, four stages and a Polish) to be prepared by the Writer unless the Producer and the Writer agree on the appropriate additional fee for any additional stage. |
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Subsequent to the delivery of the Second Draft Script (Final Script in the case of a Documentary), or Optional Third Draft, the Producer may request further revisions for which a fee shall be negotiated between the Producer and the Writer. |
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The Producer shall notify the Writer in writing within twenty-five (25) calendar days of the receipt of a Treatment, Outline or First Draft Script whether or not the Producer wants the Writer to proceed with the next stage. Should the Producer not notify the Writer in writing of its decision regarding a Treatment, Outline or First Draft Script within the required twenty-five (25) calendar days, the Producer shall be deemed to have accepted the Treatment, Outline or First Draft Script and the Writer shall at once proceed to the next stage. |
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If the Producer wants the Writer to polish the Second Draft Script, he shall notify the Writer within twenty-five (25) calendar days of the delivery of the Second Draft Script. Such alterations shall not involve any substantial change in the story or structure, or the introduction of any major characters not included in the Script. One Polish is included in the Script Fee. If the Producer has not requested any revisions within twenty-five (25) calendar days, he shall be deemed to have accepted the Second Draft Script. |
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The Producer shall pay for all stages contracted (except in the case of termination) even if the Producer waives delivery of a stage. |
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Where the Writer has been contracted for more than a single stage in any contract, the Producer may terminate such contract at the end of any stage except where the Script has been contracted with no right of termination. In the event of such termination, no rights shall pass to the Producer subject to B108 and B111. |
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Should a Producer wish to commission:
subject to B110, the original Writer and the Producer shall first negotiate the terms and conditions, including payment, to the original Writer on which such commissioning of another Writer or Writers may take place and a contract shall be executed between them prior to the commissioning of another Writer. |
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If the Producer licenses existing Script Material at any stage, the Producer shall pay the Writer one hundred percent (100%) of the appropriate Script Fee for all stages up to and including the stage licensed on signing of the contract. |
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Script Changes
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In the case of a drama Series, the Producer may terminate a contract on delivery of any stage contracted under C409 or C410, except where the Television Script has been contracted with no right of termination. In the event of such termination, the Producer may proceed with the work contracted by contracting another Writer, it being understood that the Producer has acquired a license to use the Script Material upon payment of the appropriate Script Fee. The Writer shall receive the appropriate percentage of the Production Fee and Distribution Royalty according to the credits accorded. |
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If the Producer claims that a Writer has been contracted to write a Television Script based on a Story composed or created by a production executive or employee of the Producer (other than a Story Editor), the Story and Television Script shall be subject to a credit arbitration as provided in Article A9. Should such a credit arbitration not award a credit to the production executive or the employee of the Producer, the Production Fee payable to the credited Writer(s) shall be calculated without taking into account the Script Fee paid to such uncredited production executive or employee. In the case of a Story Editor, the standard credit arbitration procedures shall apply. |
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When a Television Script is contemplated for use after its initial telecast as the basis of a Series, as an alternative to Article B113, the Producer may acquire the exclusive license to use the characters and Script Material of the original Television Script as the basis for subsequent Series upon payment of a negotiated fee not less than fifty percent (50%) of the Script Fee, and shall acquire such license on payment of the negotiated amount. The Writer may also negotiate a royalty. No payments under this Article shall be applied against the Production Fee or Distribution Royalty of the subsequent Series. |
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Conversion to Theatrical Use
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Excerpts
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Adapting Material Created in Any Language Other Than English When a Writer is engaged to adapt existing script material from any language other than English into any language other than French to suit a new cultural reality, which may include changes to the dramatic structure, characters, tone or geographic location, the Writer shall receive sixty percent (60%) of the relevant Script Fees in C101, C102, C301, C402, C501, C506, C601, C701, C801, D201, and the applicable Script Fee for an Outline for Television. The Script Fee shall be allocated and paid as follows:
The Script Fee for an Adaptation of a Treatment or an Outline for Television shall be allocated and paid as follows:
The Production Fee and Distribution Royalty payable for such writing shall be the Production Fee and Distribution Royalty as calculated in accordance with the appropriate formula in C10 and C11 and allocated as per Article A1109, but in any case, shall not be less than sixty percent (60%) of the Production Fee for the film or program. The Writer shall be entitled to credit in accordance with all the terms and conditions contained in Article A9 relating to writing credit. In addition, the credit “ADAPTED BY…” shall be considered as a minimum credit. Adaptation for Narration Scripts shall be contracted at no less than sixty percent (60%) of the full Narration rate. |