E401

Contracting the Writer(s)

At the time of negotiation of a contract, and before the commencement of services, the length of time required to complete an assignment shall be discussed and agreed upon between the Writer and the Producer, and a Contract Fee negotiated based on a daily rate.  Both the daily rate and number of days shall be stated in the Writer’s individual contract.

All contracts shall specify, and include a consideration of the rights of both parties with respect to the following:

1.  Daily Rate and Length of Assignment
    
2.  Delineation of rights purchased
    
3.  Delivery dates for written material agreed upon
    
4.  All Ancillary Materials required by Producer or Client
    
5.  Terms of payment
    
6.  Credits (if applicable)
    

Unless negotiated otherwise with the Writer, the Script shall be contracted, written and paid for as follows:

1.  on delivery of Outline                                25%
    
2.  on delivery of First Draft Script                  50%
    
3.  on delivery of Second Draft Script             25%
    

The Producer shall pay for all stages contracted, (except in the case of a termination) even if the Producer waives delivery of a stage.  No contract between a Writer and a Producer shall provide for more than the contracted stages and a Polish, unless the Producer and the Writer agree on an additional fee for the continuation of the assignment.  If required, the Writer shall incorporate any requested revisions into the next stage of writing.  If, as a result of a change in the project’s direction or Client requirements, the Writer is required to exceed the agreed upon length of time to complete an assignment, additional fees shall be negotiated in writing.  Such fees shall not be less than the originally contracted daily rate.  The Writer has the right to decline continuation on a project past the agreed-upon completion time.

E402

Collaborative Writing

Writers contracted on the same project by the Producer shall be treated as individual Writers, with two separate contracts, and areas of responsibility shall be clearly delineated.  The Team provisions as outlined in Article A256 shall not apply.

E403

Termination

The Producer may terminate the process on the delivery of any stage and will be obligated to pay for only the completed work to the date of termination.  In the event of termination, no rights shall pass to the Producer, subject to E404.

E404

Subsequent Writer

If a Script based on an Outline, First Draft Script or Second Draft Script, is subsequently commissioned from another Writer, the Producer shall first contact the original Writer, and negotiate a payment to enable a new contract to be executed between a new Writer and the Producer.  If the Producer provided the Writer with the Concept for the Production, all rights in the Concept shall remain with the Producer.

E405

Rights Licensed

On payment of the full Contract Fee, the Producer shall acquire an exclusive license to produce a single Production made from the Script, the right to translate the Script Material for dubbing purposes, and an exclusive license for all distribution, other than Additional Use and as provided for in the contract.

E406

Daily Rate/Half Day Rate

The Writer may negotiate a daily or half daily rate.

E407

Additional Use

It is understood the daily fee as negotiated covers writing for non-Broadcast programming use.  The Producer shall negotiate with the Writer a further payment for rights for Additional Uses.  Such rights shall be conveyed as follows:

1.  One free use on community cable channel shall be included in the negotiated fee;
    
2.  For other Broadcast use, the Writer shall receive a payment of ten percent (10%) of the Contracted Fee for each use;
    
3.  For any other Additional Use, as defined, a fee shall be negotiated with the writer prior to such use;
    
4.  Programs may be entered in festivals and competitions, and all uses ancillary and incidental to such festivals and competitions may be authorized without additional payment.  However, if as a result, a Program is broadcast or used, such uses will be dealt with in terms of this Article.  Wherever possible, the Writer shall be advised in writing of any Program entered in a festival or competition.