Article 8 - Copyright

801

The Producer acknowledges that the Animation Writer is the owner of copyright in the Script Material.

802

Upon payment in full to the Animation Writer of the Script Fee and subject to Article 807, the Producer shall be deemed automatically granted from the Animation Writer an exclusive licence for the full term of copyright (and any extensions thereof) to exploit by any manner or means, now or hereafter known, the copyright in the Script Material. In connection therewith and upon request of the Producer, the Animation Writer shall execute an exclusive written licence to evidence the foregoing, including but not limited to the right to produce, reproduce, publish and perform in public the Script Material or any substantial part thereof in any material whatsoever.

a.	This right includes but is not limited to the sole right to make, reproduce, adapt, edit and publicly present in any language the Script Material as an Animation Production by means, now or hereafter known, of which the Script Material may be reproduced and performed.
b.	This right includes, but is not limited to, the right to copy, sell, distribute, make available, rent out, communicate to the public by telecommunication (including the Internet), and to incorporate the Script Material into any other derivative works for sale and distribution.

803

Nothing in this Section limits the Animation Writer and the Producer from negotiating alternative division of rights with respect to copyright in the Script Material to that described in 802 above.

804

The Producer has the right to add to, delete from, change, modify and amend the Script Materials, and to use same in connection with any and all goods, services, products and institutions. Furthermore, the Producer owns absolutely all copyright in the Animation Production and shall be free from any claim to copyright in the Animation Production by the Animation Writer, but subject always to the payment to the Animation Writer of the Script Fee.

805

For greater clarity, the Animation Writer hereby assigns and shall assign the exclusive perpetual worldwide Merchandising Rights to the Producer unless otherwise agreed between the Animation Writer and Producer.

806

Upon payment of the contracted Script Fee and in the absence of any written agreement to the contrary, an Animation Writer shall not have any claim of any interest in the Animation Production based on Script Material contracted under this Section.

807

Notwithstanding the foregoing, nothing in this Section or any individual contract to which this Section applies, including the licensing of copyright in the Script Material, shall diminish any otherwise existing right of the Animation Writer to collect any of the "author's share" of the Secondary Use Payments (as defined in this Section) in connection with any Animation Production based on the Script Material and the Animation Writer shall retain copyright in the Script Material for such purpose. For further clarity, it shall not be a violation of this Article 807 if language required by the SACD, to collect those monies paid directly to the SACD by broadcasters in connection with a "communication to the public", does not appear in an Animation Writer's contract.

808

The Animation Writer retains the right to collect any prize or monies awarded for the screenplay of an Animation Production.

809

Nothing in this Section or any individual contract to which this Section applies shall diminish any otherwise existing rights of the Producer to collect any of the "Producer's share" of Secondary Use Payments in connection with any Animation Production based on Script Material.

810

Subject to any successful claim for a share of retransmission royalties by the Guild or the Canadian Screenwriters Collection Society or change to existing legislation, all net amounts collected and distributed by Collective Societies in respect of the retransmission in North America of Animation Productions based on the Script Material are deemed receivable by the Producer.

Nothing in this Section shall preclude the Guild or the Associations 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.

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