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New Media Sideletter - Writers Guild of America, West

New Media Sideletter - Writers Guild of America, West

New Media Sideletter - Writers Guild of America,

From MOA dated February 26, 2008Reuse in New Media (W8)Replace the “Sideletter on Exhibition of Motion Pictures Transmitted via the Internet”with the following Sideletter:SIDELETTER ON EXHIBITION OF MOTION PICTURESTRANSMITTED VIA NEW MEDIAAs of May 2, 2001Revised as of November 1, 2004Revised as of February 13, 2008J. Nicholas Counter IIIPresidentAlliance of Motion Picture & Television Producers, Inc.15503 Ventura BoulevardEncino, California 91436Re:Exhibition of Motion Pictures Transmitted Via New MediaDear Nick:This Sideletter confirms the understanding of the Guild and the Companies (collectively “theparties”) concerning the application of the MBA to the exhibition on the Internet, mobile devices(such as cell phones or PDAs) and any other new media platform known as of February 13,2008 (hereinafter collectively referred to as “new media”), but not including methods ofdistribution addressed in other provisions of the MBA, such as free television, basic cable, paytelevision, videodisc/videocassette and radio, even if digital, of theatrical and television motionpictures as provided herein. 11. If the Consumer Pays.a. License for Limited Period or Fixed Number of ExhibitionsThe following shall apply to theatrical and television motion pictures, the principalphotography of which commenced on or after July 1, 1971:Where the subscriber pays for the program either on a subscription or perpicturebasis, and where the payment is in exchange for the right to view themotion picture for a fixed and limited period of time or a fixed number ofexhibitions, the Company shall pay to the credited writer(s) an aggregate sumequal to one and two-tenths percent (1.2%) of “accountable receipts” as definedin Paragraph 3 below.1 The parties reserve their respective legal rights and positions as to the applicability of Article 64 tointeractive programs transmitted via new media.N:\February 2008\FINAL FINAL\Final W8 Reuse in New Media 2-12-08 (2).wpd

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