Article D3 - Distribution and Use Rights
D301 |
The payment of at least the minimum rates set forth in D2 shall entitle the Producer to:
i. |
make a production based on the Script; and |
ii. |
the right to distribute the Production subject only to the payment of the appropriate Residuals as set out in Article D302. |
|
D302 |
Territory |
Term |
Minimum Percentage |
a. Non-Theatrical (see Article A236) |
World |
Copyright of film |
0% |
b. Theatrical |
World |
Copyright of film
a. |
if contracted and paid at the time of the execution of the Writer's original contract |
|
25% |
World |
b. |
if contracted after the execution of the Writer's original contract |
|
50% |
c. TV Broadcast "Free" or "pay" (but not including Educational TV Broadcast) |
|
Canada |
One run in each market |
20% |
Montreal, Toronto, Vancouver, Winnipeg |
One run in each market |
10% |
All other Canadian markets |
One run in each market |
5% |
United States |
One run in each market |
40% |
Single US markets |
One run in each market |
10% |
All other Countries |
One run in each market - each country |
10% |
Canada |
15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer's original contract |
50% |
World other than Canada |
15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer's original contract |
75% |
d. All TV Broadcast Uses (but not including Educational TV Broadcast) |
World |
15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer's original contract |
125% |
e. Educational TV |
Canada |
One run on one station |
5% |
Canada |
One run on more than one station or on multiple transmitters (e.g. OECA) |
10% |
f. Educational TV (not PBS - PBS is covered by "TV Broadcast") |
United States |
One run on one station |
5% |
United States |
One run on more than one station or on multiple transmitters (belonging to one organization) |
10% |
g. All Educational |
World |
15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer's original contract |
25% |
h. All of the Above |
World |
15 years from date that payment for Second Draft Script was due but must be contracted and paid at the time of the execution of the Writer's original contract |
150% |
|
D303 |
If credits are given to Writer(s) in Other Productions, the Writer(s) credits shall be no less in duration and size than the Producer's credit. |
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