Common use of COMMERCIAL FEES Clause in Contracts

COMMERCIAL FEES. 1. Each writer assigned by the Company to write a commercial radio program, if such program is of the type covered by the 1981 WGA Radio Freelance Minimum Basic Agreement, shall receive a commercial program fee of not less than the following amount: 1 per week 2 per week 3 per week 4 per week 5 per week 6 per week 5 min or less $ 52 $ 79 $100 $121 $135 $149 Over 5 to 10 min 58 103 135 163 180 201 Over 10 to 15 min 114 156 201 239 271* 297 Over 15 to 30 min 226 292 367 430 479 530 Over 30 to 45 min 000 000 000 620 690 759 Over 45 to 60 min 372 567 696 807 898 988 Over 60 min 392 *For writing scripts acquired from the same writer or writers for use on Serials, broadcast as five 15-minute programs per week: for the five scripts, $180.00. All of the above rates are subject to 20% discount where the writer or writers have a 13- week non-cancelable guaranteed contract. 2. Each writer assigned by the Company to write a commercial television program, if such program is of the type covered by the 1981 Writers Guild of America Network Basic Agreement, shall receive a commercial program fee of not less than 75% of the appropriate rate set forth in such freelance agreement. 3. Each writer assigned by the Company to write a program for simulcast, shall, if both radio and television programs are commercially sponsored, receive a total fee of no less that 1 1/3 times the applicable fee for the television program; (if only one medium is spon- sored, he/she shall receive no less than the appropriate fee for the medium as set forth in (1) or (2) of this Paragraph D), provided, however, that nothing in this subparagraph shall be construed so as to reduce the fees which any writer may have individually negotiated. 4. In the event a writer is writing a commercial program as of the date of this Agreement, he/she shall receive for such services the scale set forth above or his/her present fee, whichever is higher, and such higher fee shall apply so long as the program is written by the same writer, sponsored by the same sponsor, and broadcast by the same Company. 5. If any commercial program is discontinued and later reinstated by the Company during the term of this Agreement, the writer shall receive the scale set forth in subdivision (1) of this Paragraph D, or the highest fee paid during the five year period next preceding the program’s reinstatement, whichever is greater, provided that the same writer, the same program, the same sponsor, and the same broadcasting company are involved. All of the ele- ments set forth in this subdivision (5) must be present, however, for this provision to apply. 6. In the event that any script written for the Company by a staff writer after April l, l956, and broadcast initially on a sustaining basis is thereafter broadcast on a commercial basis, the staff writer whether or not he/she is still in the employ of the Company shall be paid as a commercial fee 100% of the then applicable scale, provided that no writer is paid a commercial fee for rewriting such material. In the event that any script written for the Company by a staff writer between January l, l954 and March 31, l956, and broadcast initially on a sustaining basis, which was not broad- cast on a commercial basis prior to April l, l956, is thereafter broadcast on a commercial basis, the staff writer whether or not he/she is still in the employ of the Company shall be paid as a commercial fee fifty percent (50%) of the then applicable scale, provided that no writer is paid a commercial fee for rewriting such material. 7. Where more than fifty percent (50%) of the program is intended to consist of mate- rial written by a writer covered by this Agreement, the time bracket applicable to such mate- rial shall be measured by the length of the program, but where fifty percent (50%) or less is intended to consist of material written by a writer covered by this Agreement, the time xxxxx- et applicable to such material shall be measured by the time actually consumed by such material; provided, however, that in the case of a program of thirty (30) minutes or less the minimum time bracket shall be deemed to be one-third (1/3) of the program time, and in the case of a program in excess of thirty (30) minutes the minimum time bracket shall be deemed to be fifteen (15) minutes regardless of the number of minutes of writing. 8. Commercial fees paid to the writers shall be in addition to, and not in lieu of, their basic staff salary, except that in any week in which a writer receives commercial earnings from any source, his/her basic staff salary shall be reduced by an amount equal to twenty- five percent (25%) of such commercial earnings, but in no event shall his/her staff salary be reduced below $72.50 per week, provided, however, that no such reduction shall be applied to such staff salary by virtue of any commercial earnings with respect to television pro- grams. In the event that the Company assigns a staff writer to one or more commercial radio programs for a period of one or more weeks, if the aggregate commercial script fees that would be payable under the WGA Freelance Radio MBA less a discount of twenty (20%) percent would exceed the writer’s aggregate basic weekly salary for such period of weeks, the Company may discontinue the sustaining staff services of the writer and his/her weekly staff salary during such period of weeks. For services on such commercial radio programs, the writer shall then be entitled to the applicable fees provided in the WGA Freelance Radio MBA, subject to a discount of twenty percent (20%), and shall be entitled to the rights in material provided under such agreement. During each week in which the writer is assigned to commercial radio programs hereunder, the writer shall be entitled to receive an amount equal to the amount of his/her weekly staff salary as an advance against his/her fees, the bal- ance of such fees, if any, being payable within eleven (11) days after the delivery of the final script, as provided in the WGA Freelance Radio MBA. The writer shall otherwise remain in the staff employment of the Company and shall retain all contract privileges and staff bene- fits, except staff salary to the extent provided above. A co-op program (i.e., a program fed as a network program on which there are no network commercial announcements sold but on which the local stations may sell local commercial announcements) shall be deemed to be a commercial program if a local commercial announcement is broadcast during the time period in which the network program is broad- cast. Notwithstanding anything in the above, if a writer writes only opening, closing, promo- tional, public service, and/or other “filler” material for a co-op program, which material is broadcast on the network during the period(s) when local commercial announcement(s) or other local announcement(s) may be or are broadcast by local station(s), such writer shall not be entitled to any commercial fee for such program. 9. This Section D shall not apply to literary material which, although distributed by the Company as promotional material, is used by a local station within a commercial pro- gram.

COMMERCIAL FEES. 1. Each writer assigned by the Company to write a commercial radio program, if such program is of the type covered by the 1981 WGA Radio Freelance Minimum Basic Agreement, shall receive a commercial program fee of not less than the following amount: 1 per week 2 per week 3 per week 4 per week 5 per week 6 per week 5 min or less $ 52 $ 79 $100 $121 $135 $149 Over 5 to 10 min 58 103 135 163 180 201 Over 10 to 15 min 114 156 201 239 271* 297 Over 15 to 30 min 226 292 367 430 479 530 Over 30 to 45 min 000 000 000 620 690 759 Over 45 to 60 min 372 567 696 807 898 988 Over 60 min 392 *For writing scripts acquired from the same writer or writers for use on Serials, broadcast as five 15-minute programs per week: for the five scripts, $180.00. All of the above rates are subject to 20% discount where the writer or writers have a 13- week non-cancelable guaranteed contract. 2. Each writer assigned by the Company to write a commercial television program, if such program is of the type covered by the 1981 Writers Guild of America Network Basic Agreement, shall receive a commercial program fee of not less than 75% of the appropriate rate set forth in such freelance agreement. 3. Each writer assigned by the Company to write a program for simulcast, shall, if both radio and television programs are commercially sponsored, receive a total fee of no less that 1 1/3 times the applicable fee for the television program; (if only one medium is spon- sored, he/she shall receive no less than the appropriate fee for the medium as set forth in (1) or (2) of this Paragraph D), provided, however, that nothing in this subparagraph shall be construed so as to reduce the fees which any writer may have individually negotiated. 4. In the event a writer is writing a commercial program as of the date of this Agreement, he/she shall receive for such services the scale set forth above or his/her present pres- ent fee, whichever is higher, and such higher fee shall apply so long as the program is written writ- ten by the same writer, sponsored by the same sponsor, and broadcast by the same Company. 5. If any commercial program is discontinued and later reinstated by the Company during the term of this Agreement, the writer shall receive the scale set forth in subdivision (1) of this Paragraph D, or the highest fee paid during the five year period next preceding the program’s reinstatement, whichever is greater, provided that the same writer, the same program, the same sponsor, and the same broadcasting company are involved. All of the ele- ments set forth in this subdivision (5) must be present, however, for this provision to apply. 6. In the event that any script written for the Company by a staff writer after April l, l956, and broadcast initially on a sustaining basis is thereafter broadcast on a commercial basis, the staff writer whether or not he/she is still in the employ of the Company shall be paid as a commercial fee 100% of the then applicable scale, provided that no writer is paid a commercial fee for rewriting such material. In the event that any script written for the Company by a staff writer between January l, l954 and March 31, l956, and broadcast initially on a sustaining basis, which was not broad- cast on a commercial basis prior to April l, l956, is thereafter broadcast on a commercial basis, the staff writer whether or not he/she is still in the employ of the Company shall be paid as a commercial fee fifty percent (50%) of the then applicable scale, provided that no writer is paid a commercial fee for rewriting such material. 7. Where more than fifty percent (50%) of the program is intended to consist of mate- rial written by a writer covered by this Agreement, the time bracket applicable to such mate- rial shall be measured by the length of the program, but where fifty percent (50%) or less is intended to consist of material written by a writer covered by this Agreement, the time xxxxx- et applicable to such material shall be measured by the time actually consumed by such material; provided, however, that in the case of a program of thirty (30) minutes or less the minimum time bracket shall be deemed to be one-third (1/3) of the program time, and in the case of a program in excess of thirty (30) minutes the minimum time bracket shall be deemed to be fifteen (15) minutes regardless of the number of minutes of writing. 8. Commercial fees paid to the writers shall be in addition to, and not in lieu of, their basic staff salary, except that in any week in which a writer receives commercial earnings from any source, his/her basic staff salary shall be reduced by an amount equal to twenty- five percent (25%) of such commercial earnings, but in no event shall his/her staff salary be reduced below $72.50 per week, provided, however, that no such reduction shall be applied to such staff salary by virtue of any commercial earnings with respect to television pro- grams. In the event that the Company assigns a staff writer to one or more commercial radio programs for a period of one or more weeks, if the aggregate commercial script fees that would be payable under the WGA Freelance Radio MBA less a discount of twenty (20%) percent would exceed the writer’s aggregate basic weekly salary for such period of weeks, the Company may discontinue the sustaining staff services of the writer and his/her weekly staff salary during such period of weeks. For services on such commercial radio programs, the writer shall then be entitled to the applicable fees provided in the WGA Freelance Radio MBA, subject to a discount of twenty percent (20%), and shall be entitled to the rights in material provided under such agreement. During each week in which the writer is assigned to commercial radio programs hereunder, the writer shall be entitled to receive an amount equal to the amount of his/her weekly staff salary as an advance against his/her fees, the bal- ance of such fees, if any, being payable within eleven (11) days after the delivery of the final script, as provided in the WGA Freelance Radio MBA. The writer shall otherwise remain in the staff employment of the Company and shall retain all contract privileges and staff bene- fits, except staff salary to the extent provided above. A co-op program (i.e., a program fed as a network program on which there are no network commercial announcements sold but on which the local stations may sell local commercial announcements) shall be deemed to be a commercial program if a local commercial announcement is broadcast during the time period in which the network program is broad- cast. Notwithstanding anything in the above, if a writer writes only opening, closing, promo- tionalpro- motional, public service, and/or other “filler” material for a co-op program, which material is broadcast on the network during the period(s) when local commercial announcement(s) or other local announcement(s) may be or are broadcast by local station(s), such writer shall not be entitled to any commercial fee for such program. 9. This Section D shall not apply to literary material which, although distributed by the Company as promotional material, is used by a local station within a commercial pro- gramprogram.

COMMERCIAL FEES. 1. Each writer assigned by the Company to write a commercial radio program, if such program is of the type covered by the 1981 WGA Radio Freelance Minimum Basic Agreement, shall receive a commercial program fee of not less than the following amount: 1 per week 2 per week 3 per week 4 per week 5 per week 6 per week 5 min or less $ 52 $ 79 $100 $121 $135 $149 Over 5 to 10 min 58 103 135 163 180 201 Over 10 to 15 min 114 156 201 239 271* 297 Over 15 to 30 min 226 292 367 430 479 530 Over 30 to 45 min 000 000 000 620 690 759 Over 45 to 60 min 372 567 696 807 898 988 Over 60 min 392 *For writing scripts acquired from the same writer or writers for use on Serials, broadcast as five 15-minute programs per week: for the five scripts, $180.00. All of the above rates are subject to 20% discount where the writer or writers have a 13- 13-week non-cancelable guaranteed contract. 2. Each writer assigned by the Company to write a commercial television program, if such program is of the type covered by the 1981 Writers Guild of America Network Basic Agreement, shall receive a commercial program fee of not less than 75% of the appropriate rate set forth in such freelance agreement. 3. Each writer assigned by the Company to write a program for simulcast, shall, if both radio and television programs are commercially sponsored, receive a total fee of no less that 1 1/3 times the applicable fee for the television program; (if only one medium is spon- soredsponsored, he/she shall receive no less than the appropriate fee for the medium as set forth in (1) or (2) of this Paragraph D), provided, however, that nothing in this subparagraph shall be construed so as to reduce the fees which any writer may have individually negotiated. 4. In the event a writer is writing a commercial program as of the date of this Agreement, he/she shall receive for such services the scale set forth above or his/her present fee, whichever is higher, and such higher fee shall apply so long as the program is written by the same writer, sponsored by the same sponsor, and broadcast by the same Company. 5. If any commercial program is discontinued and later reinstated by the Company during the term of this Agreement, the writer shall receive the scale set forth in subdivision subdivision (1) of this Paragraph D, or the highest fee paid during the five year period next preceding the program’s 's reinstatement, whichever is greater, provided that the same writer, the same program, the same sponsor, and the same broadcasting company are involved. All of the ele- ments elements set forth in this subdivision (5) must be present, however, for this provision to apply. 6. In the event that any script written for the Company by a staff writer after April l, l956, and broadcast initially on a sustaining basis is thereafter broadcast on a commercial basis, the staff writer whether or not he/she is still in the employ of the Company shall be paid as a commercial fee 100% of the then applicable scale, provided that no writer is paid a commercial fee for rewriting such material. In the event that any script written for the Company by a staff writer between January l, l954 and March 31, l956, and broadcast initially on a sustaining basis, which was not broad- cast broadcast on a commercial basis prior to April l, l956, is thereafter broadcast on a commercial basis, the staff writer whether or not he/she is still in the employ of the Company shall be paid as a commercial fee fifty percent (50%) of the then applicable scale, provided that no writer is paid a commercial fee for rewriting such material. 7. Where more than fifty percent (50%) of the program is intended to consist of mate- rial material written by a writer covered by this Agreement, the time bracket applicable to such mate- rial material shall be measured by the length of the program, but where fifty percent (50%) or less is intended to consist of material written by a writer covered by this Agreement, the time xxxxx- et bracket applicable to such material shall be measured by the time actually consumed by such material; provided, however, that in the case of a program of thirty (30) minutes or less the minimum time bracket shall be deemed to be one-third (1/3) of the program time, and in the case of a program in excess of thirty (30) minutes the minimum time bracket shall be deemed to be fifteen (15) minutes regardless of the number of minutes of writing. 8. Commercial fees paid to the writers shall be in addition to, and not in lieu of, their basic staff salary, except that in any week in which a writer receives commercial earnings from any source, his/her basic staff salary shall be reduced by an amount equal to twenty- twenty-five percent (25%) of such commercial earnings, but in no event shall his/her staff salary be reduced below $72.50 per week, provided, however, that no such reduction shall be applied to such staff salary by virtue of any commercial earnings with respect to television pro- gramsprograms. In the event that the Company assigns a staff writer to one or more commercial radio programs for a period of one or more weeks, if the aggregate commercial script fees that would be payable under the WGA Freelance Radio MBA less a discount of twenty (20%) percent would exceed the writer’s 's aggregate basic weekly salary for such period of weeks, the Company may discontinue the sustaining staff services of the writer and his/her weekly staff salary during such period of weeks. For services on such commercial radio programs, the writer shall then be entitled to the applicable fees provided in the WGA Freelance Radio MBA, subject to a discount of twenty percent (20%), and shall be entitled to the rights in material provided under such agreement. During each week in which the writer is assigned to commercial radio programs hereunder, the writer shall be entitled to receive an amount equal to the amount of his/her weekly staff salary as an advance against his/her fees, the bal- ance balance of such fees, if any, being payable within eleven (11) days after the delivery of the final script, as provided in the WGA Freelance Radio MBA. The writer shall otherwise remain in the staff employment of the Company and shall retain all contract privileges and staff bene- fitsbenefits, except staff salary to the extent provided above. A co-op program (i.e., a program fed as a network program on which there are no network commercial announcements sold but on which the local stations may sell local commercial announcements) shall be deemed to be a commercial program if a local commercial announcement is broadcast during the time period in which the network program is broad- castbroadcast. Notwithstanding anything in the above, if a writer writes only opening, closing, promo- tionalpromotional, public service, and/or other “"filler” " material for a co-op program, which material is broadcast on the network during the period(s) when local commercial announcement(s) or other local announcement(s) may be or are broadcast by local station(s), such writer shall not be entitled to any commercial fee for such program. 9. This Section D shall not apply to literary material which, although distributed by the Company as promotional material, is used by a local station within a commercial pro- gramprogram. This Paragraph D shall not apply to Staff Continuity Writers hired by the Company in New York after February 13, 2019 who have been provided a personal services contract pursuant to Sideletter #5.

COMMERCIAL FEES. 1. Each writer assigned by the Company to write a commercial radio program, if such program is of the type covered by the 1981 WGA Radio Freelance Minimum Basic Agreement, shall receive a commercial program fee of not less than the following amount: 1 per week 2 per week 3 per week 4 per week 5 per week 6 per week 5 min or less $ 52 $ 79 $100 $121 $135 $149 Over 5 to 10 min 58 103 135 163 180 201 Over 10 to 15 min 114 156 201 239 271* 297 Over 15 to 30 min 226 292 367 430 479 530 Over 30 to 45 min 000 000 000 620 690 759 Over 45 to 60 min 372 567 696 807 898 988 Over 60 min 392 *For writing scripts acquired from the same writer or writers for use on Serials, broadcast as five 15-minute programs per week: for the five scripts, $180.00. All of the above rates are subject to 20% discount where the writer or writers have a 13- 13-week non-cancelable guaranteed contract. 2. Each writer assigned by the Company to write a commercial television program, if such program is of the type covered by the 1981 Writers Guild of America Network Basic Agreement, shall receive a commercial program fee of not less than 75% of the appropriate rate set forth in such freelance agreement. 3. Each writer assigned by the Company to write a program for simulcast, shall, if both radio and television programs are commercially sponsored, receive a total fee of no less that 1 1/3 times the applicable fee for the television program; (if only one medium is spon- soredsponsored, he/she shall receive no less than the appropriate fee for the medium as set forth in (1) or (2) of this Paragraph D), provided, however, that nothing in this subparagraph shall be construed so as to reduce the fees which any writer may have individually negotiated. 4. In the event a writer is writing a commercial program as of the date of this Agreement, he/she shall receive for such services the scale set forth above or his/her present fee, whichever is higher, and such higher fee shall apply so long as the program is written by the same writer, sponsored by the same sponsor, and broadcast by the same Company. 5. If any commercial program is discontinued and later reinstated by the Company during the term of this Agreement, the writer shall receive the scale set forth in subdivision subdivision (1) of this Paragraph D, or the highest fee paid during the five year period next preceding the program’s 's reinstatement, whichever is greater, provided that the same writer, the same program, the same sponsor, and the same broadcasting company are involved. All of the ele- ments elements set forth in this subdivision (5) must be present, however, for this provision to apply. 6. In the event that any script written for the Company by a staff writer after April l, l956, and broadcast initially on a sustaining basis is thereafter broadcast on a commercial basis, the staff writer whether or not he/she is still in the employ of the Company shall be paid as a commercial fee 100% of the then applicable scale, provided that no writer is paid a commercial fee for rewriting such material. In the event that any script written for the Company by a staff writer between January l, l954 and March 31, l956, and broadcast initially on a sustaining basis, which was not broad- cast broadcast on a commercial basis prior to April l, l956, is thereafter broadcast on a commercial basis, the staff writer whether or not he/she is still in the employ of the Company shall be paid as a commercial fee fifty percent (50%) of the then applicable scale, provided that no writer is paid a commercial fee for rewriting such material. 7. Where more than fifty percent (50%) of the program is intended to consist of mate- rial material written by a writer covered by this Agreement, the time bracket applicable to such mate- rial material shall be measured by the length of the program, but where fifty percent (50%) or less is intended to consist of material written by a writer covered by this Agreement, the time xxxxx- et bracket applicable to such material shall be measured by the time actually consumed by such material; provided, however, that in the case of a program of thirty (30) minutes or less the minimum time bracket shall be deemed to be one-third (1/3) of the program time, and in the case of a program in excess of thirty (30) minutes the minimum time bracket shall be deemed to be fifteen (15) minutes regardless of the number of minutes of writing. 8. Commercial fees paid to the writers shall be in addition to, and not in lieu of, their basic staff salary, except that in any week in which a writer receives commercial earnings from any source, his/her basic staff salary shall be reduced by an amount equal to twenty- five percent (25%) of such commercial earnings, but in no event shall his/her staff salary be reduced below $72.50 per week, provided, however, that no such reduction shall be applied to such staff salary by virtue of any commercial earnings with respect to television pro- grams. In the event that the Company assigns a staff writer to one or more commercial radio programs for a period of one or more weeks, if the aggregate commercial script fees that would be payable under the WGA Freelance Radio MBA less a discount of twenty (20%) percent would exceed the writer’s aggregate basic weekly salary for such period of weeks, the Company may discontinue the sustaining staff services of the writer and his/her weekly staff salary during such period of weeks. For services on such commercial radio programs, the writer shall then be entitled to the applicable fees provided in the WGA Freelance Radio MBA, subject to a discount of twenty percent (20%), and shall be entitled to the rights in material provided under such agreement. During each week in which the writer is assigned to commercial radio programs hereunder, the writer shall be entitled to receive an amount equal to the amount of his/her weekly staff salary as an advance against his/her fees, the bal- ance of such fees, if any, being payable within eleven (11) days after the delivery of the final script, as provided in the WGA Freelance Radio MBA. The writer shall otherwise remain in the staff employment of the Company and shall retain all contract privileges and staff bene- fits, except staff salary to the extent provided above. A co-op program (i.e., a program fed as a network program on which there are no network commercial announcements sold but on which the local stations may sell local commercial announcements) shall be deemed to be a commercial program if a local commercial announcement is broadcast during the time period in which the network program is broad- cast. Notwithstanding anything in the above, if a writer writes only opening, closing, promo- tional, public service, and/or other “filler” material for a co-op program, which material is broadcast on the network during the period(s) when local commercial announcement(s) or other local announcement(s) may be or are broadcast by local station(s), such writer shall not be entitled to any commercial fee for such program. 9. This Section D shall not apply to literary material which, although distributed by the Company as promotional material, is used by a local station within a commercial pro- gram.