Freelance Contract Template 03
Freelance Contract Template 03
Freelance Contract Template 03
CBC – A GUIDEBOOK
This guidebook is a roadmap to help you better understand the CMG/CBC Collective Agreement
relating to freelance issues. It was created by members of the Joint Committee on Freelancers,
which includes representatives of the CBC, the CMG and working freelancers. (The terms of this
committee are at Appendix G below). This guide includes:
It is important to understand that this guide does not take the place of the Collective Agreement.
In the event of an apparent contradiction between this document and the Collective Agreement,
the Collective Agreement applies. While Article 30 of the Collective Agreement specifically
addresses Freelancers, you might wish to familiarize yourself with the complete agreement.
There is additional information on freelance issues on the CMG website, which can be
found at cmg.ca/freelancebranchhome.asp.
1
TABLE OF CONTENTS
2
OVERVIEW – FREELANCE CATEGORIES IN THE CBC/CMG COLLECTIVE
AGREEMENT
Freelancers are an integral and valuable part of the CBC. There are four ways in which the
CBC engages a freelancer; which category is appropriate depends in large part on the nature of
the work being contracted:
• as a Technical Freelancer
• on a Freelance Specific Services contract
• as a Freelance Contributor
• as an Occasional Contributor
Rates of payment outlined in the Collective Agreement are minimum rates. Both the CBC and
the freelancer have the right to negotiate compensation based on factors such as experience,
complexity of work, required travel or meeting time, budgetary allowances, etc. It should be
noted, however, that at no time may a negotiated rate be less than the minimums outlined in the
Collective Agreement.
Categories:
Technical Freelancers are engaged for technical functions such as camera operator, raw
recording, editor, lighting, set design and make up. They are hired by the day for a minimum
rate as set out in the Collective Agreement.
Freelance Specific Service contracts are used when the CBC hires a freelancer to work on a
specific program or program segment. Freelance Specific Service contracts allow the CBC to
engage professional freelancers for specific projects. Typically, a Freelance Specific Service fee
is negotiated based on the nature of the work and the rate is based on the rate equivalent to what
an employee would be paid to do the same work. There is no fixed term or time period to this
contract, but it helps both parties if deadlines are incorporated into the contract.
Recognizing that FSS contracts are for independent professionals, there are no deductions for
income tax, CPP or EI, but they do show a deduction for union dues. There is no access to
CBC benefit plans.
Freelance Contributors are engaged for specific assignments or deliverables such as a single
interview, script & clip or documentary. There are deadlines but no set hours of work.
Definitions of the various assignments and minimum rates payable are set out in Articles
30.5.9 and 30.5.10 of the Collective Agreement. Payments to Freelance Contributors do not
include deductions for income tax, CPP or EI, but they do show a deduction for union dues.
Freelance Contributors have no access to CBC benefit plans.
Freelance Contributors are the only category of freelancers engaged by the CBC who retain
copyright in their work, and are therefore subject to the terms of the Copyright Act of Canada.
The Act states that the independent “author” of any work owns copyright in the fixation of that
work. Recognizing that the copyright ownership lies with the freelancer unless negotiated
otherwise,
3
consideration must be given when selecting the licensing category for the contract (See Article
30.5.8 below).
Occasional Contributors are usually not paid for their contributions. This category includes
politicians and members of the Armed Forces, game show participants and expert
interviewees. Experts who appear on the CBC more than four times in a 12-month period are
no longer considered Occasional Contributors and must be paid for subsequent appearances as
a Freelance Contributor. It should be noted that politicians and members of the Armed Forces
are never paid when appearing in their professional capacity.
Factors such as these determine the difference between an employee and an independent
contractor. It is both your interest and the CBC’s to be clear about the relationship, and to get it
right. To that end, it may be necessary for both parties to complete the Independent
Questionnaire together to determine the best fit. Remember, this document could prove valuable
should the CRA decide to conduct an income tax audit in the future.
4
Article 30
FREELANCERS
(from the CMG/CBC collective agreement)
- explanatory notes in italics
Technical freelancers will be paid at a minimum daily rate of $280 and union dues will be
deducted and remitted. The parties shall meet within 180 days of ratification to discuss and
resolve the ½ day rate.
No other provisions of this collective agreement, including the balance of this article, will apply.
It should be noted that the ½ day rate will not be negotiated during the current agreement;
therefore, Technical Freelancers are engaged at the full day rate, except where established
practices prevail (eg. a half day travel rate in TV Sports).
30.2 The Corporation may also engage persons for Freelance Specific Services or as
Freelance Contributors.
30.3 Contracts
Subject to this Article, it is a principle of this agreement that all Freelancers and the Corporation
shall have the right of protection afforded by a written contract and such contract shall be
signed before the commencement of any assignment covered by this agreement. Where standard
forms are used, the format of such forms will be agreed upon by the parties.
Two simple rules: A contract should be negotiated and agreed to before the commencement
of work and, ideally, no work should begin without a contract.
The contract is a legal document. It sets out the deadlines, rates of pay, licensing rights,
allowable expenses, etc. It protects both the freelancer and the CBC from disputes or
misunderstandings. We strongly urge you to complete a contract prior to starting your
work/assignment/project.
Standard computerized contracts are easy to fill out and can be sent by e-mail, therefore there
is no reason to delay the contracting process. If, in rare circumstances, a contract cannot be
generated or completed before the work begins, you should communicate expectations and
understandings by e-mail, fax or telephone concerning length of contribution, payment,
deadlines, licensing, etc. It is in everyone’s interest to document this correspondence.
5
Freelance Specific Services
30.4 Under Freelance Specific Services contracts, the freelancer will provide a deliverable for a
specific identifiable program(s) or program segments or items within an individual program
series. Such contracts will not have a term. Freelance Specific Services contracts shall be
prorated at not less than the applicable minimum rate for similar work referred to in Article 54
(Classifications and Hourly Rates).
Freelance Specific Services contracts are used when the CBC hires a professional freelancer
to produce a documentary, direct a drama or variety program, or deliver a specific product for
a set fee. Often, the freelancer is providing a service as a member of a production team.
Typically, these contracts have no fixed term, but there may be a deadline(s).
The CBC holds copyright to work created by the freelancer under a Freelance Specific
Services contract. Freelancers hired under Freelance Specific Service contracts are paid not
less than the minimum rate for similar work set out in Article 54 of the Collective Agreement.
Freelance Contributors
30.5 Freelance Contributors are engaged to work on specific assignments under 30.5.8 and
30.5.9. This clause will not be used to replace absent employees or for emergency purposes as
defined under Article 27.5 (Employee Status – Temporary Employees).
30.5.1 Freelance Contributors, when engaged, will receive a rate of remuneration not lower than
the basic fee provided for in Article 30.5.9 (see below).
Freelance Contributors do not work on “spec.” They are not asked to attend daily story
meetings as part of the daily news pool (although they may be asked to attend a project
meeting). They are not hired to fill vacancies on either a permanent or temporary basis;
typically, persons hired for these reasons are engaged as temporary employees or other
categories as set out in the Collective Agreement
a) The parties agree that in circumstances in which time, distance or production constraints make
completion of a contract impractical before commencement of the work, the Corporation and
Freelancer Contributor may, by mutual agreement, sign a Memorandum of Understanding which
shall include a description of the assignment (topic, length, format/category, deadline), the
agreed upon rate of pay and the ownership of copyright. Such memoranda may be executed by
facsimile or electronic means. A copy of such memoranda will be provided to the Freelance
Contributor. In such instances a duly executed written contract will be signed by both parties as
soon as is practical after the commencement of work, but no later than five (5) working days
after negotiation of the Memorandum of Understanding. This deadline may be extended by
mutual agreement.
6
b) It is also recognized that some production circumstances may prevent completion of a written
contract or Memorandum of Understanding prior to the completion of the work. In such cases
both the person who assigns the freelance work and the Freelance Contributor are responsible for
keeping accurate notes of any verbal agreement.
a) The Corporation and the Guild agree that, with respect to work done by Freelance
Contributors, the Corporation shall make best efforts to consult the Freelance Contributor with
regard to substantial changes, modifications, additions or deletions affecting meaning, intent,
theme, characterizations or other changes of a major nature. At the Corporation’s discretion the
Freelance Contributor may be contracted to do the work.
b) Where the Freelance Contributor does not make changes and holds unencumbered
copyright: If the freelance contributor does not agree with the changes, he/she may refuse
permission for the modified item to be broadcast.
c) Where the Freelance Contributor does not make changes and does not own copyright as
described in b) above: he/she may elect to have his/her credit removed from the item. The
Corporation will acknowledge the Freelance Contributor’s original work, and indicate that this
is an edited version.
This article deals with scenarios where the Freelance Contributor has completed the assignment
according to the original contract and the CBC subsequently wishes to substantially change,
modify or alter the item through deletions, additions or other changes. Ideally, the Freelance
Contributor will agree to these editorial modifications and will be hired to make the changes as
required. The CBC must make best efforts to consult the Freelance Contributor before any
changes are made.
If changes are made without the Freelance Contributor’s consent, when the freelancer owns
copyright in the work, the freelancer has the right to withhold permission to broadcast the
item. If the Freelance Contributor does not hold copyright and does not make the changes and
does not agree with the changes, s/he can elect to have his/her credit removed, and the CBC
will acknowledge that the piece is an edited version of the original work.
Any negotiated agreement concerning editorial modification other than the terms stated above
should be included on the contract under “additional conditions.”
30.5.4 Expenses
Subject to negotiation at the time of contracting, it is agreed that Freelance Contributors
will be reimbursed for direct authorized expenses related to the performance of their
assignment.
When negotiated, the CBC will pay the freelancer’s expenses, provided that both parties clearly
identify which expenses will be authorized – long distance phone calls, mileage, meals, hotel, taxi,
parking, etc. The freelancer should keep all expense receipts for purposes of reimbursement by the
CBC or to be used for tax purposes. If, during the course of the
7
assignment, the freelancer encounters unforeseen expenses that were not discussed and
negotiated up front, the CBC must be informed immediately and the CBC’s authorization must
be obtained in order to qualify for reimbursement. The CBC is not obligated to pay for such
expenses if prior authorization was not obtained.
When a Freelance Contributor incorporates elements into his/her piece that are controlled by
third parties (eg. music, movie clips, visuals, literary works, photos, artworks, etc.) permission
for that inclusion must be obtained from the rights holder prior to broadcast, or the element
cannot be included in the piece. Such permission may require that fees be paid. The freelancer
must notify the CBC (through the assigning producer or delegate) in advance of the intended use
of any material that might be or is under copyright to a third party.
Who seeks the clearances and who pays the fees, if required, must be clearly identified and
agreed upon in writing by the freelancer and the assigning producer. In some cases, the CBC
may wish to obtain the clearances, particularly if it has negotiated copyright in the
contribution. In all cases, the freelancer must detail all third party material included, and
notify the CBC, so that the CBC may carry out its own obligations to artists’ collectives (eg.
all music must be logged and submitted to SOCAN and its member societies).
In cases where it is mutually agreed that the freelancer will obtain the appropriate clearances,
the freelancer may consult with the CBC before, and during, any clearance negotiations.
Clearances must include all the rights set out in Article 30.5.8., and the freelancer must provide
proof of these clearances in writing. Where the freelancer agrees to obtain a clearance and
there is a fee to be paid, this cost may be incorporated into the negotiated fee for the
contribution or authorized as an expense. If a clearance cannot be obtained, or the cost is
deemed too high, that third-party material cannot be used.
30.5.7 Speculation:
The Corporation and the Guild agree that Freelancers shall not be required to work on a
speculative basis.
Nothing in this article shall prevent the Corporation from discussing with any Freelancer any
ideas in order to determine the Freelancer’s thoughts and reactions, and/or to determine the
Freelancer’s suitability for the assignment provided that such assignments shall be subject to
the terms of this agreement.
8
Freelancers are not paid for discussing their thoughts and reactions to an idea, nor are they
paid while discussing their qualifications to do the work. However, if a freelancer is asked to
develop a detailed proposal, outline or draft, or if the freelancer is asked to attend a project
meeting, the freelancer may negotiate a fee for the time and work involved.
30.5.8 Licensing
Each Freelance Contributor contract will set out the license negotiated by the Corporation.
1. License A:
The Freelance Contributor holds copyright in the contribution. The payment of at least the
minimum rate as set forth in this Article shall entitle the Corporation to unlimited use of the
contribution in question, in whole or in part, on all Current CBC Platforms, and the right to
license and re-distribute the contribution, in whole or in part, to third parties, provided that the
contribution originates from a CBC-branded program and is credited to CBC.
The Freelance Contributor shall be paid not less than the minimum rate.
When a Freelance Contributor is required to edit the material and attend for studio packaging of
an item so that it is within 120% of its contracted broadcast length, a fine edit/final assembly
premium of 25% of the minimum rate shall apply. Such fine edit premium is only applicable
where identified in 30.5.9 (Minimum Rates) below.
The fine edit premium is paid when the freelancer edits the material him/herself, or is required
to be in the studio while someone else does the edit, or when the freelancer is required to edit the
clips to within 120% of the contracted length for final editing by someone else.
Use or re-use of the contribution on CBC platforms, other than the Current CBC
Platforms, will be subject to discussion between the parties prior to introduction of the
new platforms with consent for such use not being unreasonably withheld.
According to the Copyright Act of Canada, the author of a work holds copyright in that
work. Freelance Contributors own copyright in the product or ‘fixation’ they provide to the
CBC, whether it is audio, visual or the written word. This ownership gives the freelancer the
right to reuse that ‘fixation’ in other ways, such as selling it to another media outlet, posting
it on a website or offering it as a podcast.
A note of caution: if the freelancer’s work contains elements that are the copyright of
another party (including the CBC), the freelancer’s right to reuse and redistribute that
work may be curtailed. Always respect the copyright of others.
9
Employees, on the other hand, do not own copyright in their work. Work created or
performed by employees in the course of their employment with the CBC is owned by the
CBC.
According to the Copyright Act of Canada, the copyright holder may assign copyright to
another party or may enter into a licensing agreement to allow another party to use the
material. The CBC-CMG Collective Agreement allows for both these scenarios.
License A gives the CBC the right to use the freelancer’s product as many times as it wishes on
any of its platforms as listed above, and to distribute the item to third parties as set out in
Article 30.5.8. For instance, if a freelancer produces a documentary for CBC radio, it may also
be broadcast on the CBC website. A condensed version of the documentary may be broadcast at
another time (subject to the terms of Article 30.5.3 Editorial Modification, above). The
documentary may be sold to a third party as part of a CBC-branded program, but License A
does not give the CBC the right to distribute the freelancer’s work in a non-CBC branded
program. The Freelance Contributor continues to hold copyright in the piece.
2. License B:
The Freelance Contributor holds copyright in the contribution. In addition to the
rights enunciated in License A above, the Corporation will have the right to exploit
the contribution and license in whole or in part in non-CBC-branded and non-CBC-
credited properties.
The rate for License B shall be no less than 10% of the minimum rate set out below in
Rates and Categories. Where an “above scale” fee has been negotiated for License A, the
premium for License B shall be based on the minimum rate unless otherwise negotiated
between the Corporation and the Freelance Contributor.
The License B premium may be paid at the time of original contracting. If the
Corporation originally obtained License A from a freelance contributor and subsequently
wishes to obtain License B, the Corporation must negotiate payment with the Freelance
Contributor. Such payment can be no less than 10% of the minimum rates set out below.
Fine edit premium, if applicable, shall be calculated and paid on the minimum rate (i.e. –
excluding the License B fee).
Where the Freelance Contributor’s clear claim to copyright has been negotiated and is
established and identified on scripts, copies of scripts, tapes, computer files or any other
medium supplied by the Freelance Contributor to the Corporation, the Corporation shall
not reproduce in any manner whatsoever such material or any portion thereof as it relates
to merchandising (whether sold, rented or distributed as promotional material) without
also reproducing and attaching thereto such copyright identification.
License B gives the CBC all the rights under Licence A, plus it gives the CBC the right to
isolate the material from the original program and distribute/sell it independently. For
instance, the CBC may wish to market a documentary or an interview clip independently from
the program for which it was produced, or offer a collection of documentaries on a non-
branded DVD for sale. If the CBC wishes to exploit the material specifically and independently
from the original CBC-branded ‘package’ it will obtain License B. The Freelance Contributor
continues to hold copyright in the piece.
10
For the CBC to obtain License B, it must negotiate with the Freelance Contributor. The
minimum payment for License B is 10% above the minimum rates in the Collective Agreement
but the parties may negotiate a higher rate of remuneration based on the value of the work. Note
that a payment of 10% above the minimum rate under License A does not automatically entitle
the CBC to assume the rights of License B. Whenever the CBC distributes a freelancer’s work
under License B, the freelancer’s copyright in the material must be clearly identified.
3. Copyright:
The Corporation purchases copyright in the original contribution, which shall include all
rights under the License A and License B and all other rights in and to the contribution.
The rate for purchase of copyright shall be subject to negotiation between the Freelance
Contributor and Corporation. Fine edit premium, if applicable, is calculated and paid on
the minimum rate.
When a Freelance Contributor assigns copyright to the CBC, the freelancer essentially
transfers ownership of the material and all rights. The freelancer can no longer sell the item,
include it on a personal website or prevent the use of an edited version by the CBC (subject to
Article 30.5.3) There is no established or minimum fee for the sale of copyright; the freelancer
and the CBC negotiate the fee in every case.
The sale of copyright in a ‘fixation’ does not include the idea, interviews, notes, etc., and does
not prevent the freelancer from reforming the material into a completely new ‘fixation’ with all
the rights of copyright.
4. Assumption
In the event the freelance contributor wishes to sell or assign copyright in the
contribution to a third party, such sale or assignment shall be subject to the Corporation
having the first right of refusal to purchase the copyright pursuant to the terms of
paragraph 3 (Copyright) above. The Corporation will advise the freelance contributor
within 10 business days of its intention. If the contribution is ultimately sold or
assigned to a third party, such sale or assignment shall be subject to any outstanding
License A or License B held by the Corporation and the third party must agree to
assume any of the freelance contributor’s obligations thereunder.
When the Freelance Contributor owns copyright in a contribution under License A and/or B and
wishes to sell the copyright to a third party, the freelancer must notify the CBC before the sale.
The CBC has 10 working days to decide if it would like to purchase the copyright itself. In
situations in which two or more parties wish to purchase copyright on the material, the
freelancer has the right to sell to the highest bidder.
If the freelancer assigns copyright to a party other than the CBC, that party must be made
aware of and must respect all terms of License A or B granted to the CBC, such as the CBC’s
right to continue using that material on its own platforms.
All rates in Article 30.5.9 and Article 30.5.10 are minimum rates. At no time may the CBC
or the freelancer negotiate a rate of pay that is less than that outlined in the Collective
Agreement.
To view the current rate tables, visit http://www.cmg.ca/freelancebranchrates2005-9EN.shtml
11
A. Radio Contributor Rates and Categories
Text
A contribution which is written by the Freelance Contributor for audio for presentation by
another.
In this category, the words are composed by the freelancer but are voiced by someone else.
This would include stand-alone text, promos or commentaries to be performed by someone
else.
Presentation
A contribution which is presented by the Freelance Contributor from material that the
contributor has prepared, but without interaction or the insertion of gathered material, i.e.
interviews, background sound, etc.
In this category, the freelancer writes and presents his/her own work. There is no interaction
with anyone else – no other members of a panel, no interviews, no taped material inserted by
the freelancer. This category would include a commentary or a promo written and performed
by the freelancer.
Interaction
A Freelance Contributor who is interviewed by someone else, or takes part in a panel discussion.
There is no insertion of material gathered by the Freelance Contributor.
The freelancer participates in an on-air discussion. The fee schedule is based on the amount of time
the freelancer will be on air and allows for a certain amount of preparation time prior to broadcast.
For instance, an interaction of 15 minutes on the air includes one hour of behind -the-scenes
preparation work. An interaction of 60 minutes on the air includes four hours of preparation work.
This allotted prep time cannot be used as on-air time. If additional prep time is required, the
freelancer will be paid per hour based on the “additional work time” rates in the Collective
Agreement.
This category anticipates that a Freelance Contributor may need to do adequate research before
going on air (even when the scripted material for the interaction is written by someone else).
For instance, a legal expert may need time to review a judgment before talking about it on the
air, or a freelance reporter may need to make some phone calls before talking about a story on
the air.
Freelancers are paid for the duration of the segment/program to which they are contributing.
For instance, if the freelancer is periodically asked questions throughout a 30-minute program,
payment is based on the total air-time and not on the sum of actual speaking time.
If the freelancer includes recorded material the work no longer falls within this category but
may be contracted as an Interaction & Clip or Documentary.
Narration
A Freelance Contributor who reads from material prepared and/or created by others.
This contemplates a situation in which a host is engaged to read a story on the air or a
freelancer is hired to narrate a documentary written by someone else. There is no interaction
with others and no additional recorded material provided by the freelancer. The freelancer
does not edit the recorded material.
12
Single Interview
The services provided shall include the gathering of material, research, preparation of script and
interviewing, conducted at one place and one time, and may include rough or fine editing, as agreed.
This category is for situations in which the freelancer is assigned to conduct a recorded
interview that will be broadcast later. The interview takes place at one time and in one place
with one interviewee. The freelancer does the research as needed, writes a script as needed
and conducts the interview.
The item may be assigned in two ways: raw tape or edited tape. If the producer requests raw
tape, the freelancer conducts the interview to the specified time and does not edit the
recording. The rate paid to the freelancer is based on the length of raw tape requested. There
is no fine edit premium.
If the producer requests an edited interview of a specific length, the freelancer conducts the
interview and edits the material to the requested length. Payment is based on the length of
the final edited product; the fine edit premium is paid.
If the freelancer is hired to record raw unedited material in which there is no interaction (such
as a speech or a musical performance) the freelancer will be contracted under Article 30.1
Technical Freelancers.
Streeter
A series of interviews on a single topic. May include rough or fine editing, if agreed. Fees
based on contracted length, not on the number of interviews.
This category differs from a Single Interview in that there are multiple impromptu interviews
that may take place in different locations and at different times. If it is agreed that the
freelancer will edit the recorded material into a cohesive package, the fine edit premium is
paid. The freelancer does not mix sound elements such as music or natural sound (other than
sounds that may be in the background of the interview). If the freelancer is requested to mix
these extra sound elements, the item should be contracted as a Documentary.
NB: “Script & Clip/Interaction & Clip” may be up to ten (10) minutes in length and contain no
more than three (3) separate interviews. No more than one sound element other than incidental
sound may be used, and the Freelance Contributor is not responsible for the selection of music
or effects. If the terms of this definition are exceeded then the item shall be considered a
Documentary Feature.
The category covers situations in which the Freelance Contributor provides recorded
material and a script, and may participate in the broadcast. If the clips are edited by the
freelancer, the fine edit premium is paid. This category recognizes the similarity between a
long and multi-faceted Script & Clip/Interaction & Clip and a Documentary.
Documentary
A contribution packaged and mixed with multiple audio elements.
13
If the freelancer packages the item, the fine edit premium is paid. If the freelancer is required to
be in studio while the item is edited and packaged by someone else, the fine edit premium is
paid. If the freelancer isolates the clips and sound elements to within 120% of the contracted
length for packaging by someone else, the fine edit premium is paid.
Syndication
This category is for those instances in which a Freelance Contributor is interviewed many times
on the same subject by different interviewers within the same day. For instance, an expert on
West Nile Disease is interviewed on this subject by 10 different morning show hosts. Or, a
freelance reporter, at a political protest, is interviewed for his/her observations of the protest by
the hosts of 5 different afternoon shows.
The minimum rate is composed of a base rate plus a step-up for each additional interview. This
recognizes that although each interview is slightly different, the basic material and the research
involved are the same for each. It is intended that the interviews should be completed during the
same day. Interviews that are conducted over more than one day, on the same subject, should be
contracted starting with the base rate for each day with the number of interviews factored in.
Text
A contribution which is written by the Freelance Contributor for audio and/or video
for presentation by another.
In this category, the words are composed by the Freelance Contributor but are voiced by
someone else. This would include text or promos performed by someone else.
Presentation
A contribution which is presented by the Freelance Contributor from material that the
contributor has prepared, but without interaction or the insertion of gathered material, i.e.
interviews, background sound, etc.
In this category, the freelancer writes and presents his/her own work. There is no interaction
with anyone else – no other members of a panel, no interviews, no taped material inserted by
the freelancer. This category would include a commentary or a promo written and performed
by the freelancer.
Interaction
A Freelance Contributor who is interviewed by someone else, or takes part in a panel discussion.
There is no insertion of material gathered by the Freelance Contributor.
The freelancer participates in an on-air discussion. The fee schedule is based on the amount of
time the freelancer will be on air and allows for a certain amount of preparation time prior to
broadcast. For instance, an interaction of 15 minutes on the air includes one hour of behind-
the-scenes preparation work. An interaction of 60 minutes on the air includes four hours of
behind-the-scenes preparation work. This allotted prep time cannot be used as on-air time. If
additional prep time is required, the freelancer will be paid per hour based on the “additional
work time” rates in the Collective Agreement.
This category anticipates that a Freelance Contributor may need to do adequate research before
going on air (even when the scripted material for the interaction is written by someone else).
For instance, a legal expert may need time to review
14
a judgment before talking about it on the air, or a freelance reporter may need to make some
phone calls before talking about a story on the air.
Freelancers are paid for the duration of the segment/program to which they are contributing.
For instance, if the freelancer is periodically asked questions throughout a 30-minute program,
payment is based on the total air-time and not on the sum of actual speaking time.
If the freelancer includes recorded material the work no longer falls within this category but
may be contracted as an Interaction & Clip or Documentary.
Videojournalist Contribution
A journalistic contribution which has been researched, gathered, shot, packaged and presented
for television programs. A Videojournalist contribution may be based on a script prepared by
a Videojournalist and may include interview(s) conducted at one or more places, and may
include rough or fine editing, if agreed.
The Collective Agreement sets out a minimum rate for an item of 3 minutes or less. For longer
items, the freelancer and the CBC must negotiate a fee based on the time required and the level
of complexity of the finished product.
Text
A contribution which is written by the Freelance Contributor to be read online by the public.
The freelancer writes material to be read on-line. This would include, for example,
reportage, feature writing, news briefs and promos.
30.5.10 Photographs
When a freelancer shoots a photograph as part of the contribution, the fee for each photograph(s)
used and/or published will be:
If, during any time of the production of the work, the Corporation determines that the idea is
not feasible or possible, the Corporation agrees to pay the Freelance Contributor a minimum of
twenty per cent (20%) of the full contract amount. Nothing in this article shall preclude the
parties from negotiating a greater percentage of the full contract amount.
In the event the Corporation decides not to use a contribution after the Freelance Contributor
has completed it according to the specifications agreed to by the parties, the CBC will pay
100% of the contracted fee. However, no pyramiding of payments or double payments are
allowed under this clause.
15
Sometimes, through no fault of the Freelance Contributor or the CBC, a project doesn’t pan out.
This clause entitles the Freelance Contributor to a minimum payment of 20% of the full contract
amount. A higher fee may be negotiated, depending on the stage of completion of the
contribution at the time of notification of cancellation by the CBC. In other words, if the project
is cancelled in the early stages of work, the freelancer receives 20% of the fee. If the project is
cancelled in later stages of the project, the kill fee should reflect the percentage of work
completed.
If the Freelance Contributor has completed all of the work according to the contract
specifications, and the CBC decides for whatever reason not to use it, the CBC must pay 100%
of the fee. No pyramiding or “double dipping” of fees is allowed; the Freelance Contributor
cannot receive payment for the item as well as the applicable kill fee.
Freelance Contributors and Freelance Specific Services Contractors are not employees and
many articles in the Collective Agreement do not apply. Unlike employees, freelancers are
exempt from any restrictions on their outside activities. Freelancers can work wherever they
want without notifying the CBC, except as noted below.
If a freelancer is engaged on a Freelance Specific Services contract, the CBC may ask for “first
call” on services during the life of the contract. If the CBC wants to limit a freelancer’s ability
to work with certain competitors, in certain markets, in certain industries, or on certain
projects, or wants some element of exclusivity, the parties should negotiate accordingly and the
contract should reflect such agreement.
The CBC might seek to impose a restriction of this nature if the freelancer is a recognized on-
air personality who is identified with the CBC. For example, a well-known personality might be
asked not to endorse products without prior agreement, or not to undertake public appearances
that could conflict with the CBC’s interests. Even then, the restriction of a freelancer’s outside
activities is not arbitrarily or capriciously imposed.
Please note: Technical Freelancers are covered by Article 30.1 alone, no other provisions of
this Agreement, including the balance of the article, apply.
Freelancers are entitled to pursue grievances on matters related to their terms of engagement
and payment. This includes disputes over the type of contract, the category under which the item
falls (single interview, documentary, etc), licensing and copyright, editorial modifications and
fees.
The grievance procedure is set out in Article 16. Close attention should be paid to the time limits
set out in this article. A complaint must be made within 20 business days of the offending event.
If there is no resolution within the next 20 business days, a grievance may be filed within 10
business days. Grievances must be filed in writing on a grievance form, which appears in the
Collective Agreement as Appendix Q.
The initial complaint within 20 business days of the offending event should be made to the
supervisor or manager of the project. If the freelancer is unsure who that person is, or if there is
difficulty in filing the complaint to the appropriate person, please contact a member of the
location CMG or the main CMG office in Toronto for assistance.
The CMG and CBC have established the Joint Committee on Freelancers to deal with disputes
in the hope that the issues can be resolved to mutual satisfaction (see Appendix G below).
From time to time, the Joint Committee on Freelancers may take carriage of a grievance in
order to resolve the issue.
17
Article 31
OCCASIONAL CONTRIBUTORS
31.1
Individuals (both members and non-members of the CMG) who are paid for occasional contributions
shall be paid in accordance with the freelance rates outlined in Article 30 (Freelancers).
31.2
Additional work that is authorized and performed outside of a CBC employee’s shift
will be compensated in accordance with the overtime provisions of the collective
agreement. No pyramiding or double payments are permitted under this article.
31.3
Appropriate dues shall be paid to the CMG regardless of whether or not the contributor
is a member of the bargaining unit.
31.4
The following occasional contributors will not receive payment:
31.4.1
The following occasional contributors do not require payment. If payment is given, the
provisions of 31.1, 31.2 and 31.3 will apply.
31.4.2
A person who is not a member of the bargaining unit, but is a recognized specialist, will not
require payment until he/she has made four (4) appearances in any twelve (12) month period on
a program or program segment on his or her specialty.
Occasional Contributors are not generally paid to appear on the CBC. However, with the
exception of politicians and members of the Armed Forces, who may never receive payment,
Occasional Contributors may negotiate with the CBC to appear for a fee.
If a payment is made, it must be no less than the minimum rates for Freelance Contributors.
This principle applies to honorariums. In other words, the Occasional Contributor cannot
agree to a lesser fee, and the CBC may not offer a lesser fee, than is stipulated in the Collective
Agreement for that category of work. If certain freelancer expenses are to be paid by the CBC
(such as mileage), payment will be handled as an expense over and above the fee.
If an Occasional Contributor is a recognized specialist, s/he may appear on the CBC four
times within a 12-month period without payment. Experts who appear on the CBC more than
four times in a 12-month period must be paid for subsequent appearances. This recognizes the
principle that after four appearances the contributor is no longer “occasional” and should be
treated as a Freelance Contributor.
19
APPENDIX G: JOINT COMMITTEE ON FREELANCERS
The parties agree to continue the standing joint committee to deal with matters uniquely
related to the freelance workforce.
Without limitations, the Corporation will be responsible for the development of processes to
ensure producers (or anyone who engages a freelancer) have an adequate understanding of the
contract process.
The committee will consider training needs in keeping with the training provisions of the
Collective Agreement, limited to available funds.
The committee will also work to ensure that the Freelance Contributors are properly
contracted, as well as being properly compensated as per the terms of the collective agreement.
The committee may develop packages to ensure freelancers get all the information they
require when entering into a relationship with the Corporation.
The committee will be co-chaired and consist of no more than four (4) individuals from each of
the Union and the Corporation.
The Joint Committee on Freelancers was established to ensure the articles of the Collective
Agreement that pertain to freelancers are enforced and interpreted consistently at CBC
locations across the country, and to discuss and resolve disputes and issues that may arise.
Representatives of CBC management and the CMG Freelance Branch sit on this committee.
They recognize that many producers and freelancers are not intimately acquainted with the
freelance articles and may, out of ignorance or other factors, misapply the terms of the
Collective Agreement when drawing up a contract or carrying out the work. While many issues
can be resolved through this ongoing dialogue, those issues that cannot be resolved may have
recourse through the grievance procedure and/or arbitration. However, all parties recognize
that it is preferable, whenever possible, to resolve issues at this committee level.
20
APPENDIX Q: GRIEVANCE FORM
21
MEMORANDUM OF UNDERSTANDING
BETWEEN Manager/producer/delegate
(Include the person’s name, title and phone number)
The parties agree that a complete contract will be fully executed by both parties as soon as
possible but in any case no later than five (5) days from the date set out above in this
Memorandum of Agreement.
______________________________ _____________________________
CBC Manager/Producer/Delegate Freelance Contributor
22
DATE OF ISSUE CONTRACT NUMBER
BETWEEN: AND
(hereinafter called the “Freelance Contributor”) (the “CBC”)
THIS CONTRACT IS MADE IN ACCORDANCE WITH THE APPLICABLE TERMS OF THE CURRENT COLLECTIVE AGREEMENT BETWEEN CBC
AND THE CANADIAN MEDIA GUILD (THE “CBC/CMG AGREEMENT”) AND IS SUBJECT TO ITS TERMS, ARTICLE 30.5 SPECIFICALLY
ADDRESSES FREELANCE CONTRIBUTORS.
THIS CONTRACT MUST BE COMPLETED IN ITS ENTIRETY AND SIGNED BY BOTH PARTIES BEFORE IT SHALL BE CONSIDERED FULLY
EXECUTED. IF THIS CONTRACT FORM DOES NOT EMBODY THE ENTIRE RELATIONSHIP BETWEEN CBC AND THE FREELANCE
CONTRIBUTOR, A DIFFERENT CONTRACT FORMAT WILL BE USED OR ADDITIONAL TERMS WILL BE SET OUT IN APPENDICES TO
THIS FORM.
ARTICLE 30.5.1:
The Freelance Contributor will receive a rate of remuneration not lower than the basic fee provided for in Article 30.5 of the CBC/CMG Agreement. However, nothing can
prevent the Freelance Contributor from negotiating higher remuneration than that provided for in Article 30.5.
As compensation in full for the rights and services described in this contract, CBC shall pay the Freelance Contributor, based on actual length of final product as agreed to
by the parties, as follows:
_TABLE_PAYMENTS_CMGFC
# Amount Description
Payment shall be made within twenty (20) days of receipt by CBC of the completed Contribution according to the specifications agreed to by the parties, subject to the terms
of Article 30.5.11 (Kill Fees) of the CBC/CMG Agreement.
MULTIPLE CONTRIBUTIONS:
a) The Freelance Contributor will be advised of the specific details and deadline dates for each Contribution to be provided. There shall be no minimum limit on the
number of Contributions CBC shall be required to engage the Freelance Contributor to provide, unless explicitly contracted above.
b) CBC will make payment for each Contribution within twenty (20) days of receipt by CBC of each completed Contribution according to the specifications agreed to by
the parties, and on receipt of appropriate invoices submitted by the Freelance Contributor based on Contributions delivered. The Freelance Contributor will specify on
each invoice the subject matter of the particular Contribution being invoiced and the contract number noted at the top of this contract.
The fee payable shall represent payment in full for all of the rights and services described, and shall be subject to deductions as required by the terms and conditions of the
CBC/CMG Agreement and those required by law. It shall be the Freelance Contributor’s responsibility to make any deductions or payments required by law for Income Tax,
Employment Insurance and Canada Pension Plan.
All right, title and interest in the Program in which the Contribution is contained shall vest in CBC at all times.
RESTRUCTURING/EDITORIAL MODIFICATIONS – ARTICLE 30.5.3:
The fee paid is inclusive of any editorial modifications to the Contribution that may be required by
CBC Editorial Modifications to the Contribution that CBC may require as per the Agreement As
negotiated (terms detailed under “Additional Conditions”)
ADDITIONAL TERMS:
The Freelance Contributor shall not make any claims, demands or suits against CBC for employee benefits, pension benefits, severance pay or any other type of termination or other
payment which is not specifically mentioned in this contract or in the applicable articles of the CBC/CMG Agreement, in connection with the services provided hereunder.
The Freelance Contributor agrees to indemnify CBC against any claims or actions for infringement of copyright or otherwise in connection with the broadcast of the
Contribution under the terms of this contract, provided that this indemnity shall not extend to claims for infringement of copyright based upon broadcast of material supplied
by the Freelance Contributor and in respect of which the Freelance Contributor has advised CBC in writing that the Freelance Contributor does not hold rights.
Date Date
Date of Issue Contract Number
BETWEEN: AND:
This contract (this “Agreement”) is made in accordance with the applicable terms of the current collective agreement
between CBC and the Canadian Media Guild (the “CBC/CMG Agreement”) and is subject to its terms, including but
not limited to article(s) <ARTICLES #S>
The parties acknowledge and agree as follows:
1. The <TITLE>’s services shall be completed by stated deadlines to the satisfaction of the <MANAGER TITLE>,
or authorized delegate.
2. Subject to the termination provisions herein, the term of this Agreement commences upon execution of this
Agreement, and concludes upon completion of the services hereunder.
3. As compensation in full for the rights and services described, CBC shall pay upon receipt and acceptance by CBC of
the completed deliverables by the deadline date(s) indicated, and upon receipt and acceptance by CBC of invoices
submitted by the <TITLE> based on services rendered, as follows:
_TABLE_PAYMENTS_CMG_SS_2
4. The fee payable shall represent payment in full for all of the rights and services described, and shall be subject to
deductions as required by the terms and conditions of the CBC/CMG Agreement and those required by law. It shall
be the <TITLE>’s responsibility to make any deductions or payments required by law for Income Tax, Employment
Insurance and Canada Pension Plan.
5. The <TITLE> shall not make any claims, demands or suits against CBC for employee benefits, pension
benefits, severance pay or any other type of termination or other payment which is not specifically mentioned in
this Agreement, in connection with the services provided.
6. The <TITLE> shall indemnify and hold harmless CBC from and against all claims whatsoever, demands, suits,
interest, penalties and expenses arising from:
a. infringement of copyright or otherwise in connection with the material contributed hereunder provided that this
indemnity shall not extend to claims for infringement of copyright upon material supplied by the <TITLE> and
in respect of which the <TITLE> has advised CBC in writing that the <TITLE> does not hold rights; and;
b. the services provided hereunder, including but not limited to those made in relation to Income Tax,
Employment Insurance, and Canada Pension Plan contributions.
7. CBC shall own and hold exclusively and in perpetuity all rights, including, but not limited to copyright, existing now or
in the future of every kind and character and whether now known or unknown in and to the services performed
pursuant to this Agreement, and any and all products, results and proceeds thereof (the “Works”). All such rights shall
vest in CBC immediately and shall remain vested in CBC whether this Agreement expires in its normal course or is
terminated by either party as provided for herein. The <TITLE> hereby waives all moral rights in respect of the Works
in favour of CBC and/or any of its licensees and assigns.
<CONTRACTEE NAME/ CONTRACT #>
8. It shall be the <TITLE> 's sole responsibility, at the <TITLE> 's sole expense, to secure and maintain adequate
insurance, including but not limited to, medical, disability, travel and life insurance as well as workers compensation
insurance in the relevant jurisdiction. The <TITLE> agrees to be liable for any expenses incurred by CBC, and will
fully indemnify CBC, as a result of a breach of any of these obligations.
9. CBC shall have full editorial discretion with respect to material prepared by the <TITLE>.
10. The <TITLE> will abide by the regulations, instructions, directions and program policies of CBC, and conduct
production activities herein so as to conform with the requirements of any collective agreements which CBC may
have affecting performers, writers, musicians or employees.
11. Any information, documents or materials which the <TITLE> may receive or become privy to during the term of this
Agreement of a confidential nature, or concerning the private, financial, or other affairs of CBC, shall be treated by the
<TITLE> in strict confidence and shall not be divulged directly or indirectly to any person, firm or corporation during
the term of this Agreement or thereafter. Upon termination or expiry of this Agreement, the <TITLE> shall immediately
return to CBC all equipment, documents or materials including photocopies of same, which relate to any services
provided by the <TITLE>.
12. This Agreement may be terminated at any time by either party upon giving <# > day(s) written notice to the other
party at the address set out at the beginning of this Agreement. CBC reserves the right to refuse work from the
<TITLE> during the notice period, and to pay only for the work completed, as of the date that notice of termination is
given. The <TITLE> agrees to accept such compensation as payment in full satisfaction of CBC’s obligations to the
<TITLE>.
13. The indemnities contained herein shall survive termination or expiry of this Agreement.
14. In the event that any provision of this Agreement shall be deemed void or invalid by an arbitrator, the remaining
provisions or part shall be and remain in full force and effect.
15. This Agreement shall be interpreted according to the Canada Labour Code and the laws of Canada.
16. This Agreement embodies the entire agreement between the parties with regard to the matters dealt with herein and
no understanding or agreements, oral and/or otherwise, exist between the parties except as expressed herein. No
modification to this Agreement shall be valid without the written consent of both parties. The <TITLE> has read the
Agreement in its entirety, understands the content and accepts the foregoing, as acknowledged by the <TITLE>’s
signature below.
Date Date