MANAGEMENT OUTLINE
Through this present report, WeltSix has established and regulates the representation of its agents concerning INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION, in relation to the management of the optioning and sale of intellectual properties, the provision of artistic services, and the development of foreign film projects through film service companies.
These activities are conducted within the scope of various applicable agreements and conventions concerning intellectual property, employment, tax, and film regulations in Colombia, as well as in different territories of Spain, including the Iberian Peninsula and the Canary Islands.
The options and services mentioned herein are collectively referred to in this document as “Services”. WeltSix agrees to adhere to all the terms and conditions set forth herein. Works authored by our writers are referred to in this document as “Intellectual Properties”.
FAQ 1. Purpose and scope
WeltSix, in its capacity as the representative of the collective bargaining concerning INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and directors of photography), and INTERNATIONAL SERVICE PRODUCTION PARTNERS, acts in good faith in managing the various applicable agreements and arrangements relating to intellectual property, employment, taxation, and cinematography in Colombia, as well as in the different territories of Spain, including the Iberian Peninsula and the Canary Islands. Such management is carried out through negotiations based on the agreements previously established by all parties involved.
The purpose of this document is to encourage and ensure that WeltSix’s agents fulfil their fiduciary duties towards their represented clients, as well as to align their financial incentives with those of said clients.
We limit ourselves to representing the agent in relation to the option and sale of artistic or literary material, or the provision of artistic services or audiovisual production services within a scope covered by agreements and arrangements concerning intellectual property, employment, taxation, and cinematography applicable in Colombia, as well as in the various territories of Spain, including the Iberian Peninsula and the Canary Islands. The provisions of this agreement shall not apply to our agents’ representation concerning services unrelated to writing or to other services not covered by a Collective Agreement of the Guilds with which we collaborate, nor in cases where such Guilds are not the exclusive representatives for collective bargaining purposes.
FAQ 2. Parties bound
The terms of this Agreement shall be binding upon both the Guilds and the Agent, as well as upon each of their respective agents, employees, partners, principals, and shareholders. With regard to the obligations arising from this Agreement, the Agent and the Guild shall at all times remain vicariously liable for the actions undertaken by such persons in the name of the party or within the scope of their employment or agency.
FAQ 3. Standards of conduct for agents
FAQ 3.A.1. Agent relationship
The agent must at all times act as a fiduciary of the INTELLECTUAL PROPERTY, the TALENT (including writers, showrunners, directors, actors, and cinematographers), and the INTERNATIONAL SERVICE PRODUCTION PARTNERS, complying with all fiduciary obligations imposed by law or common law.
The purpose of this document is to encourage and ensure that WeltSix’s agents fulfil their fiduciary duties towards their represented clients, as well as to align their financial incentives with those of said clients.
We limit ourselves to representing the agent in relation to the option and sale of artistic or literary material, or the provision of artistic services or audiovisual production services within a scope covered by agreements and arrangements concerning intellectual property, employment, taxation, and cinematography applicable in Colombia, as well as in the various territories of Spain, including the Iberian Peninsula and the Canary Islands. The provisions of this agreement shall not apply to our agents’ representation concerning services unrelated to writing or to other services not covered by a Collective Agreement of the Guilds with which we collaborate, nor in cases where such Guilds are not the exclusive representatives for collective bargaining purposes.
FAQ 3.A.2. Agent relationship
The representation of our agents concerning INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION shall not be adversely or negatively affected by their representation of any other INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PRODUCTION PARTNERS. For the avoidance of doubt, the agent’s (including their presentation) representation of multiple INTELLECTUAL PROPERTIES, TALENTS (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION PARTNERS in relation to a single project shall not be considered a conflict of interest, as set out in Section 3.B.5.a below.
FAQ 3.A.3. Agent relationship
The agent shall immediately disclose to the INTELLECTUAL PROPERTY RIGHTS, TALENTS (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION PARTNERS all inquiries, offers, and genuine expressions of interest related to employment, sale, or optioning of intellectual property, artistic services, or international production services, and shall keep the INTELLECTUAL PROPERTY RIGHTS, TALENTS (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION PARTNERS informed of the status of all negotiations.
FAQ 3.A.4. Agent relationship
The agent shall maintain confidentiality regarding the terms of employment of the INTELLECTUAL PROPERTY RIGHTS, TALENTS (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION PARTNERS, as well as concerning any confidential financial matters, unless otherwise specified in this document, by law, or if the INTELLECTUAL PROPERTY RIGHTS, TALENTS (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION PARTNERS explicitly request or authorise their disclosure
FAQ 3.A.5. Agent relationship
Before presenting the INTELLECTUAL PROPERTIES, TALENTS (including writers, showrunners, directors, actors, and directors of photography), and INTERNATIONAL SERVICE PRODUCTION PARTNERS for their employment on a project, the agent shall make a bona fide effort to determine whether the employer or producer has obtained, or is in the process of obtaining, the necessary rights or financial funding/financing for the assignment, and shall provide all relevant information known by the agent at the time of submission to the INTELLECTUAL PROPERTIES, TALENTS (including writers, showrunners, directors, actors, and directors of photography), and INTERNATIONAL SERVICE PRODUCTION PARTNERS.
FAQ 3.A.6. Agent relationship
The agent must be receptive and professional in communication with the INTELLECTUAL PROPERTY RIGHTS, TALENTS (including writers, showrunners, directors, actors, and directors of photography), and INTERNATIONAL SERVICE PRODUCTION PARTNERS.
FAQ 3.B.1. Conflict of interest
Save as otherwise provided in this document, no Agent shall derive any tangible financial income or benefit from the option or sale of material from a Writer for a film project, nor from their employment on such project, other than a percentage commission (as set out in this document) based on the remuneration or fee for the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and directors of photography), or INTERNATIONAL SERVICE PRODUCTION PARTNERS, save for customary gifts or gratuities of insignificant value.
FAQ 3.B.2. Conflict of interest
Save as provided in this document, no Agent shall accept any packing fee, or any other money or valuable item from the employer of an INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and directors of photography), or INTERNATIONAL SERVICE PRODUCTION PARTNERS, except for customary and insignificant gifts or gratuities, as well as the reimbursement of travel expenses or other out-of-pocket costs incurred in connection with representing an INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and directors of photography), or INTERNATIONAL SERVICE PRODUCTION PARTNERS in a specific project.
FAQ 3.B.3. Conflict of interest
The activities of an Agent that shall not be regarded as prohibited conflicts of interest under this Agreement include:
Concurrent representation, on a commission basis, of multiple clients who are employees or subject to employment in the same project. Upon written request by the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PRODUCTION PARTNERS, the Agent shall, to the best of its knowledge after conducting a good faith and reasonable inquiry, disclose to the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION PARTNERS the names of all other INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION PARTNERS represented by the Agent who are employed on the same project. Such disclosure shall be made in writing within ten (10) working days of the written request from the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PRODUCTION PARTNERS, without constituting a breach of the Agent’s obligations under Section 3.A.4. above.
The representation, on a commission basis or fee for artistic services, of International Service Production Partners or the owner or holder of rights over intellectual property on which an audiovisual project will be based.
FAQ 3.B.4. Conflict of interest
The Agent shall disclose to the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PRODUCTION PARTNERS any fact or relationship that could reasonably give rise to a conflict of interest prohibited by this Agreement.
FAQ 3.C.1. Agent compensation
The Agent’s commission shall be limited to fifty per cent (50%) of twenty per cent (20%) of WeltSix’s gross compensation, on the gross compensation of the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), and INTERNATIONAL SERVICE PARTNERS, including their profit participation. However, the Agent shall not be entitled to receive a commission on residuals or other minimum payments to the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PRODUCTION PARTNERS for the reuse of a Film under any applicable Collective Bargaining Agreement (including, but not limited to, supplementary or additional minimum compensation of any kind).
To prevent any doubt, if the Agent shares a commission from the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNER with a previous or subsequent agency, the combined commission shall not exceed five per cent (5%).
FAQ 3.C.2. Agent compensation
The Agent shall not circumvent the commission limits set out in this Agreement by charging other fees in relation to the Intellectual Property Services, Talent (including writers, showrunners, directors, actors, and cinematographers), or International Service Partner, unless the Agent is entitled to receive remuneration (“Independent Fees”) for financing, production, distribution, and sales services of films (“Independent Services”), subject to the following limitations:
a. In the event that the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNER engages the Agent to perform Independent Services, the Agent shall fully disclose all relevant Independent Fees in writing prior to incurring them, and the INTELLECTUAL PROPERTY, TALENT, or INTERNATIONAL SERVICE PARTNER may decide whether to proceed with the provision of such Independent Services by the Agent;
b. Should the Agent be contracted to perform Independent Services by a party other than the INTELLECTUAL PROPERTY, TALENT, or INTERNATIONAL SERVICE PARTNER, the Agent shall fully disclose all relevant Independent Fees in writing to the INTELLECTUAL PROPERTY, TALENT, or INTERNATIONAL SERVICE PARTNER. Such disclosure shall be made as promptly as possible. If the Agent’s agreement to provide such services predates the involvement of the INTELLECTUAL PROPERTY, TALENT, or INTERNATIONAL SERVICE PARTNER in the project, the disclosure must be made before the Writer signs any contractual commitment for the project;
c. Under no circumstances shall an offer of employment or purchase of material made to the INTELLECTUAL PROPERTY, TALENT, or INTERNATIONAL SERVICE PARTNER be conditional upon another party’s acceptance of hiring the Agent for Independent Services.
FAQ 3.C.3. Agent compensation
The Agent shall provide immediately and at a minimum on a quarterly basis to the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNER and the relevant bodies, a detailed statement in a standardised electronic format showing: (a) all compensation received by the Agent on behalf of the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNER; and (b) all commissions received by the Agent related to the Services of the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNER, provided that the compensation has been received by or on behalf of the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNER, or that the commissions have been received by the Agent in connection with their representation of the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNER during the reporting period. Notwithstanding the foregoing, the Agent shall provide such detailed statements no later than 30 days after the end of each reporting quarter. The Agent’s detailed statements under this Subsection 3.C.3. shall identify any project for which the Agent is entitled to receive a packaging fee.
FAQ 3.D.1. Enforcement
The Agent shall diligently advocate for the best interests of the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and directors of photography), or INTERNATIONAL SERVICE PARTNER in all aspects of the employment relationship, including but not limited to the following:
a. Advising on the disadvantages of the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and directors of photography), or INTERNATIONAL SERVICE PARTNER providing unpaid or speculative writing services;
b. Advocating for multiple-stage agreements in independent and low-budget film projects; and
c. Protecting against exploitative employment practices, such as submitting proposals through lotteries.
FAQ 3.D.2. Enforcement
The Agent must monitor the contractual deadline for the payment of all compensation related to Intellectual Property, Talent (including writers, showrunners, directors, actors, and cinematographers), or International Service Partner, and must immediately notify the relevant Guild if any payment is overdue.
FAQ 3.D.3. Enforcement
The Agent may delay notification to the Guild for up to seven (7) working days if they are actively managing the collection.
FAQ 3.D.4. Enforcement
The Agent shall reasonably cooperate with the Guild in any investigation or enforcement action concerning the contract undertaken on behalf of the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNER.
FAQ 3.D.5. Enforcement
The Agent shall not encourage the Intellectual Property, Talent (including writers, showrunners, directors, actors, and cinematographers), or International Service Partner to breach any Guild rules applicable to them.
FAQ 3.E.1. Non discrimination and inclusion
The agent undertakes to represent the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or diverse INTERNATIONAL SERVICE PARTNERS. The agent shall comply with any applicable state and federal anti-discrimination laws in the selection and representation of the INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNERS.
FAQ 3.E.2. Non discrimination and inclusion
Our agents supports industry-wide efforts to prevent harassment and discrimination, as well as the interests of their INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and directors of photography), or INTERNATIONAL SERVICE PARTNERS in avoiding exposure to a hostile work environment or other forms of workplace harassment. Consequently, the agent will not knowingly schedule or refer a TALENT, INTELLECTUAL PROPERTY, or INTERNATIONAL SERVICE PARTNER to a meeting related to potential employment in a hotel room or other location that poses a threat to the personal safety of the TALENT, INTELLECTUAL PROPERTY, or INTERNATIONAL SERVICE PARTNER.
FAQ 3.E.3. Non discrimination and inclusion
The agent will make reasonable, good-faith efforts to refer diverse and qualified intellectual property, talents (including writers, showrunners, directors, actors, and cinematographers), or international service partners for open writing assignments.
FAQ 3.E.4. Non discrimination and inclusion
The agent shall consult with INTELLECTUAL PROPERTY, TALENT (including writers, showrunners, directors, actors, and cinematographers), or INTERNATIONAL SERVICE PARTNER regarding diversity as a factor in employment, subject to all applicable state and federal laws.
FAQ 3.E.5. Non discrimination and inclusion
The Agent and the Relevant Guild shall make reasonable good faith efforts to mutually support each other in their diversity and inclusion initiatives. The Agent shall provide the Guild with an annual report summarising the Agent’s efforts regarding diversity and inclusion; such report shall remain strictly confidential to the Guild. The Guild shall provide the Agent with its own annual report summarising the Guild’s efforts concerning diversity and inclusion. The Agent and the Guild agree to meet and discuss each party’s diversity and inclusion efforts on an annual basis.