The film daily year book of motion pictures (1941)

the notice by the Producer, but such time will be not earlier than Six o'clock, P.M., of the next business day following dispatch of the notice above specified. If by the time specified a written notice of objection to the tentative credits or request to read the script has not been delivered to the Producer from any of the writers concerned, the tentative cr«dit6 will become final. N. However, if a protest or request to read the script is received by the Producer from any writer concerned within the time specified in subdivision M hereof, the studio will withhold final determination of credits until a time to be specified by the Producer, which time will be not earlier than fortyeight (48) hours after the expiration time specified for the first notice mentioned in the foregoing para graphs. O. Upon receipt of a protest or request to read the script the Producer will make at least two (2) copies of the script available for reading at its studio. The Producer will also notify by telegraph the writer or writers tentatively designated by the Producer to receive credit and the Guild, informing them of the new time set for final determination. P. If, within the time limit set for final determination of credits, exclusive of any writer or writers waiving claim to screen credit, all of the writers entitled to notice have unanimously designated to the Guild in writing the names of the one (1) or two (2) or in exceptional cases three (i) writers or two (2) teams to whom screenplay credit shall be given and the one (1) or two (2) writers to whom original story credit shall be given, and the Guild shall within such time limit set for final determination of credits communicate such designation to the Producer, the Producer will accept such designation. If such designation or a request for arbitration as hereinafter provided is not communicated to the Producer within the time above mentioned, the Producer may make the tentative credits final or change them as the Producer sees fit within the requirements as to wording and limitation of names. Q. Any notice specified in the foregoing paragraphs shall, unless a specified form of service thereof is otherwise provided for herein, be sent by tlte Producer by telegraphing, mail or delivering the same to the last known address of the writer or may be delivered to the writer personally. R. If the writers referred to in subdivision P hereof do not unanimously designate the writing credits as therein provided, any writer who has to any degree participated in the screenplay or original story authorship may, within the period provided for in subdivision N hereof, file with the Producer at its studio and Screen Writers' Guild, Inc., at its office, a written request for arbitration of screen credits. The Guild through its arbitration committee shall, within seventy-two (72) hours thereafter, make and advise the Producer of its decision within the limitations of this Agreement. Prior to the rendition of the decision said committee may make such investigations and conduct such hearings as may seem advisable to it. The Producer shall make three (3) copies of the script immediately available to the (juild upon receipt of the said request for arbitration. Subject to the provisions of Paragraph X hereof, said decision of the Giuld Arbitration Committee with respect to screen credit for screenplay and/or original story shall be final, and the Producer will accept and follow the designation of screen credits contained in such decision and all writers shall be bound thereby. No writer who has failed to protest prior to the expiration of the period provided for in subdivision N hereof and in the manner therein mentioned shall be entitled to file a request for arbitration. S. The decision of the Guild Arbitration Committee may be published in the Guild bulletin in such manner as the Committee may determine. No writer or Producer shall be entitled to collect damages or shall be entitled to injunctive relief as a result of any decision of the Committee with regard to credits. In signing any contract incorporating by reference or otherwise all or part of this basic Agrreement, any writer or Producer specifically waives all rights or claims against the Guild and/or Its arbiters or any of them under the laws of libel iir slander or otherwise with regard to proceedings before the Guild Arbitration committee and any full and fair publication of the findings and/or decisions of such Committee. The Guild and any writer signing any contract incorporating by reference or otherwise or referring to this Schedule A, and any writer consenting to the procedure set forth in this Schedule A, shall not have any rights or claims of any nature against any Producer growing out of or concerning any action of the Guild or its arbiters or any of them or any determination of credits in the manner pro vided in this Schedule A and all such rights or claims are hereby specifically waived. T. In the event that after the screen credits are determined as hereinabove provided, material changes are made in the script or photoplay which in the sole and absolute discretion of the Producer justify a revision in the screen credits, then the procedure for determining such revised credits will be the same as that provided for the original determination of credits. U. No writer shall claim credit for any participation in the screen authorship of any photoplay for which the credits are to be determined by the procedure herein provided for prior to the time when such credits have in fact actually been so determined, and no writer shall claim credits contrary to such determination. y. Credits will be given for screenplay authorship on all twenty-four (24) sheets, billboard and trade paper advertising issued by the Producer for use in the continental United States and prepared subsequent to the final determination of screenplay and original story credits in the manner hereinabove provided for; it being understood that in such advertising issued prior to such final determination of screenplay and original story credits, the Producer may include such screenplay and/or original story credit as the Producer may, in its discretion, deem proper. The foregoing agreement on the part of the Producer to accord twenty-four (24) sheets, billboard and trade paper advertising credit, however, will not apply. (a) to group advertising, i.e., where more than one (1) photoplay is advertised; (b) on teaser campaigns; or (c) where credit is not given to the supervisor or director of the photoplay. The location of the credit and the size of type used shall be discretionary with the Producer. In no event shall any failure to comply with the provisions of this subdivision V be deemed a breach of any contract of employment executed with any writer, or entitle him to damages or injunctive relief. W. In case of emergency the forty-eight (48) hour period mentioned in subdivision N hereof may be reduced to twenty-four (24) hours and/or the seventy-two (72) hour period mentioned in subdivision R hereof may be reduced to forty-eight (48) hours. X. Where the Producer has employed or shall hereafter employ a writer or writers, to write ao original story under any employment agreement containing a provision relative to writer credit for such original story, inconsistent with the provisions of this Schedule A, then the provisions of this Schedule A shall not be operative with respect to the determination of original story credits and the provisions of the employment agreement with respect to the determination of original story credits shall control, but the provisions of this sentence shall not apply to any screenplay based upon such original story. The provisions of this Schedule A shall not in any way be operative in connection with the determination of credits involving any writer or writers engaged by a Producer prior to the efifective date hereof, and whose written consent to the procedure set forth in this Schedule A shall not have been first had and obtained, and in connection with any screenplay or original story to which such writer was a substantial contributor. 750