· Documentaries ·
· News ·
· Non-Dramatic Programs ·
· Programs with Minimal Writing ·

Rates Effective November 2, 2005 through October 31, 2006

Preface

The Writers Guild offers non-fiction entertainment producers a talent pool of highly-skilled and experienced professional writers. These writers provide producers with a creative edge when developing high quality non-fiction programming.

In 1995, the Guild established a number of very flexible and cost-effective provisions in non-fiction entertainment. To employ Guild writers, producers must first become signatory to a WGA agreement. This is neither a difficult nor time-consuming process, and it allows pension and health contributions to be made on behalf of writer-employees.

If you have any questions regarding this pamphlet or the employment of Guild writers, please contact either:

Table of Contents

I. INTRODUCTION

II. WHAT PROGRAMMING IS COVERED BY THIS PAMPHLET

III. THREE ALTERNATIVE WAYS TO EMPLOY NON-FICTION ENTERTAINMENT WRITERS
Rates/Formulas:
A. Program Rate
B. Segment Formula
C. Aggregate Formula (Minimum Series Commitment)
Discounts:
D. Applicable Time Period
E. Discounts for Non-Cancellable Contracts

IV. RATES/FORMULAS AND DISCOUNTS
A. Program Rate
1. Documentary Programs
Story & Telescript
Story Only
Telescript Only
Rewrite or Polish
2. News Programs
Single News Program Script
News Programs Broadcast as Strip 5 Times Per Week
3. Non-Dramatic Programs and Programs With Minimal Writing
Once Per Week (Or Less)
Five Times Per Week
4. Non-Commercial Openings & Closings
B. Segment Formula
1. Minimum Total Sum for All Writers
2. Individual Segment Writer Minimum
3. Rewrite or Polish Minimum
4. Credits and Residuals
C. Aggregate Formula (Minimum Series Commitment)
D. Discount--Applicable Time Period
1. Documentary & News
2. Non-Dramatic Programs and Programs with Minimal Writing
E. Discount--Non-Cancellable Contracts

V. RESIDUALS
A. Reruns on Free Television in the United States and Canada
B. Basic Cable Residuals
1. "Hitchcock"
2. "Sanchez"
3. Negotiate an analogous formula
C. Foreign Telecast Compensation (Except News)
D. Foreign Telecast Compensation - News
E. Segment Formula
F. Segments from Non-Segmented Programs

VI. PENSION AND HEALTH

VII. CREDITS

VIII. PUBLIC TELEVISION

I. INTRODUCTION

This pamphlet is designed to assist producers, writers and their representatives in understanding provisions of the Writers Guild Minimum Basic Agreement ("MBA") applicable to Documentary, News and other Non-Dramatic programs.

This pamphlet is a summary only and is not in contract language. Readers interested in actual contract language or other contract terms should consult the MBA.

II. WHAT PROGRAMMING IS COVERED BY THIS PAMPHLET?

This pamphlet covers the following programming:

· Documentaries

· News

· Non-Dramatic Programs

· Programs with Minimal Writing

Included in these categories are:

· "reality" shows

· magazine shows

· nature shows

· health shows

· "making of" shows

· travelogues

· "how-to" shows

· certain talk shows

· certain children's shows

· "infomercials"

NOT included in this pamphlet are:

· dramatic serials and all other dramatic programming

· comedy-variety

· quiz & audience participation (game shows)

(For information on these types of programs, contact the Guild Contracts Department at either (323) 782-4501 in Los Angeles or (212) 767-7803 in New York)

III. THREE ALTERNATIVE WAYS TO EMPLOY NON-FICTION ENTERTAINMENT WRITERS

The following rates and formulas apply to free and pay television as well as programs produced for basic cable.

BASIC CABLE PROGRAM PRODUCERS WHOSE BUDGETS MAY REQUIRE ALTERNATIVE RATES OR FORMULAS SHOULD CONTACT THE GUILD. THE GUILD WILL WORK WITH PRODUCERS IN AN ATTEMPT TO FIT THE EMPLOYMENT OF GUILD WRITERS INTO THE PROGRAM'S BUDGET.

The Guild's MBA provides three alternative methods of employing and paying writers in News, Documentary and other Non-Dramatic programs by using either the program rate, the segment formula or the aggregate formula (minimum series commitment). These three methods as well as the two available discounts are explained in the succeeding pages.

Rates/Formulas:

A. PROGRAM RATE--a writer(s) is employed to write the entire show
This method is used when a single writer or team of two writers are employed to write the entire program. In addition, the PROGRAM RATE is used as the base for calculating both the SEGMENT FORMULA and AGGREGATE FORMULA RATES.

B. SEGMENT FORMULA--different writers are employed to write specific segments of the show
This method is used when producers employ different writers to write separate segments of a program. Rather than paying each segment writer the full program rate, this method provides for each segment writer to receive a percentage of a minimum total sum, thereby achieving cost savings for the producer. In addition, if it is anticipated that the segments will later be "mixed and matched" in future episodes of the series, this may be the most economical method.

C. AGGREGATE FORMULA--(MINIMUM SERIES COMMITMENT) a staff of writers is employed on a series
This method is used when a producer employs a staff of writers, guaranteeing them a minimum series commitment. Instead of paying each writer the full program rate for each episode, an aggregate formula may be utilized resulting in cost savings. Unlike the segment formula, however, the staff of writers may write on all portions of the program, thereby affording more creative flexibility to the producer.

Discounts:

D. APPLICABLE TIME PERIOD
Allows producers to pay a reduced program rate when the entertainment portion of a show is less than 50% scripted. This reduced program rate applies when writers are employed utilizing the PROGRAM RATE, the SEGMENT FORMULA or the AGGREGATE FORMULA.

E. DISCOUNTS FOR NON-CANCELLABLE CONTRACTS
Allows producers utilizing the AGGREGATE FORMULA further discounts when writers are given non-cancellable contracts on a series. A non-cancellable contract differs from a guarantee. A guarantee permits termination of the writer (with notice) if the series goes off the air; a non-cancellable contract does not permit termination.

IV. RATES/FORMULAS

A. Program Rate--a writer (or team of two writers) is employed to write the entire program. The writer is paid the applicable minimum for the particular program type.

Payment of the program rate entitles the producer to various services depending on the type of program and allows the producer to use the writer's services as follows:

†If the writer is employed beyond these periods, the writer is due a minimum of $2,535 for each additional week from 11/1/05 to 10/31/06 and $2,611 for each additional week from 11/1/06 to 10/31/07.

Specific program rates for different program types follow.

1. DOCUMENTARY PROGRAMS–

(Examples of documentary programs: "Unsolved Mysteries," "Rescue 911," "Zoo Life," "The Twentieth Century," "World War I," "The Civil War," "Wild Kingdom," "Fantastic Facts," "Scared Silent" and "Biography")

Rates for DOCUMENTARY PROGRAMS vary according to:

(1) the budget for each program;
(2) the length of program (or applicable time period);
(3) whether the writer is employed to write the story†, telescript†† or both.

"High Budget" refers to programs whose negative cost equals or exceeds the amounts set forth below for the length of the program (in actual airtime, not applicable time period).

"Low Budget" refers to programs whose negative cost is less than the amounts set forth below.

† A "story" is sometimes referred to as an "outline" or "treatment".

†† A "telescript" includes two drafts, first and final.

††† Initial compensation for pay TV is the same as for free TV.

STORY AND TELESCRIPT

(When a writer is employed to write both story and telescript)

11/1/05 -- 10/31/06

11/1/06 -- 10/31/07

STORY ONLY
(Treatment or Outline)

11/1/05 -- 10/31/06

11/1/06 -- 10/31/07

TELESCRIPT ONLY
(When the producer provides the writer with the story or when the documentary does not contain a story.)

11/1/05 -- 10/31/06

11/1/06 -- 10/31/07

REWRITE OR POLISH
(When a second writer is employed to rewrite or polish the telescript or when the first writer is employed beyond the first and final draft telescripts.)

11/1/05 -- 10/31/06

11/1/06 -- 10/31/07

2. NEWS PROGRAMS

(Examples of news programs: "Entertainment Tonight," "Lifestyles of the Rich and Famous," "Hard Copy," "PM Magazine," "60 Minutes," the "6:00 News," the "11:00 News," "Face the Nation," "Sunday Morning" and "CBS News Special Reports")†

Program rates for NEWS PROGRAMS vary according to:

(1) program length (or applicable time period) and

(2) the frequency of broadcasts.

†Note: Certain news programs are covered under other Guild collective bargaining agreements.

SINGLE NEWS PROGRAM SCRIPT

11/1/05 -- 10/31/06

11/1/06-- 10/31/07

NEWS PROGRAMS BROADCAST AS A STRIP 5 TIMES PER WEEK†

11/1/05-- 10/31/06

†These program rates may only be utilized as the base rate under the AGGREGATE FORMULA with a MINIMUM SERIES COMMITMENT.

††In no event shall any individual writer receive less than $2,535 per week from 11/1/05 to 10/31/06 and $2,611 per week from 11/1/06 to 10/31/07.

NEWS PROGRAMS BROADCAST AS A STRIP 5 TIMES PER WEEK†

11/1/06-- 10/31/07

†These program rates may only be utilized as the base rate under the AGGREGATE FORMULA with a MINIMUM SERIES COMMITMENT.

††In no event shall any individual writer receive less than $2,535 per week from 11/1/05 to 10/31/06 and $2,611 per week from 11/1/06 to 10/31/07.

3. NON-DRAMATIC PROGRAMS† AND PROGRAMS WITH MINIMAL WRITING†

(Examples of Non-Dramatic Programs:
[Once per week]: "This Old House," "Beakman's World" and "The Frugal Gourmet";
[Five per week strips]: "A Healthier You," "Barney and Friends," "The Mind's Eye," "People's Court" and "The Home Show")

(Examples of Programs with Minimal Writing: "Oprah," "Donahue," "Geraldo," "The Montel Williams Show," and "An Evening at the Improv." Minimal writing occurs when such material as openings, lead-ins, bridging, introductions, questions, lead-outs and/or closings are scripted.)

Program rates for NON-DRAMATIC PROGRAMS and PROGRAMS WITH MINIMAL WRITING vary according to:

(1) the program length (or applicable time period),

(2) whether the broadcast is in prime time and

(3) the frequency of broadcasts.

†These categories require advance written notice to the Guild before they may be used.

ONCE PER WEEK (OR LESS)

11/1/05-- 10/31/06

ONCE PER WEEK (OR LESS)

11/1/06-- 10/31/07

FIVE TIMES PER WEEK†

11/1/05-- 10/31/06

†These program rates may only be utilized as the base rate under the AGGREGATE FORMULA with a MINIMUM SERIES COMMITMENT.

††In no event shall any individual writer receive less than $2,535 per week from 11/1/05 to 10/31/06 and $2,611 per week from 11/1/06 to 10/31/07.

FIVE TIMES PER WEEK†

11/1/05-- 10/31/06

†These program rates may only be utilized as the base rate under the AGGREGATE FORMULA with a MINIMUM SERIES COMMITMENT.

††In no event shall any individual writer receive less than $2,535 per week from 11/1/05 to 10/31/06 and $2,611 per week from 11/1/06 to 10/31/07.

4. NON-COMMERCIAL OPENINGS & CLOSINGS--these rates apply primarily to dramatic programs, but the Guild may agree to their use when the balance of the program is comprised of self-contained material and a writer writes only the opening, closing and/or bridging material.)

11/1/05-- 10/31/06

11/1/06-- 10/31/07

B. Segment Formula--various writers are employed on a program, with each writer employed to write a specific self-contained segment of the program.

The producer pays all the writers a minimum total sum equal to the following percentages of the applicable program rate. †

One of the segments may consist of the opening, bridging and closing of the program.

1. MINIMUM TOTAL SUM^† FOR ALL WRITERS††

†"Total Sum" is used in this pamphlet to describe the segment formula "aggregate" referred to in the MBA so as not to confuse the various formulas.

††When the above segment formula is utilized, each individual writer (or team of two) is paid a percent of the minimum total sum in accordance with the length of the segment, as follows:

2. INDIVIDUAL SEGMENT WRITER MINIMUM

If the combined total of each writer's individual compensation per the above schedule is less than the aggregate minimum total sum, the difference shall be split among the segment writers in proportion to the relative length of their segments.

(E.g. When two writers each write separate 15-minute segments of a 60-minute program and a third writer writes a 30-minute segment, the total of their individual compensation per the above chart is 20% + 20%+ 40% = 80% of the minimum total sum. In such case, the remaining 20% is split in the same proportion as the above percentages as follows: 5% each to the two writers of the 15-minute segments and 10% to the writer of the 30-minute segment.)

Payment of the above segment formula minimums entitles the producer to the writer's services on a one-time program as follows:

† If the writer is employed beyond these periods, in no event shall any individual writer receive less than $2,535 per week from 11/1/05 to 10/31/06 and $2,611 per week from 11/1/06 to 10/31/07.

3. REWRITE OR POLISH MINIMUM

30% of the applicable segment formula minimum.

C. Aggregate Formula--(Minimum Series Commitment)
When each member of a staff of writers on a series is employed on a term contract for a guaranteed minimum period, an aggregate weekly minimum may be paid.

The guaranteed minimum term of employment period is either:

(1) 13 weeks; or

(2) the number of weekly units a company is committed to produce when a series order is less than 9 weekly units but more than 3 weekly units. (An order of 9 or more weekly units requires at least a 13-week guarantee. Each episode in an order of 3 or less weekly units is treated as a one-time program.)

In such case, the AGGREGATE WEEKLY MINIMUM COMPENSATION is as follows:

†Under the AGGREGATE FORMULA, there are no teams and each individual writer must receive no less than $2,535 per week from 11/1/05 to 10/31/06 and $2,611 per week from 11/1/06 to 10/31/07.

D. Discount--Applicable Time Period
Where 50% or less of the entertainment portion of a program is scripted, this discount is available to producers. Instead of using the program rate for the full length of the program, the minimum compensation shall be the program rate for the time period actually consumed by the written material, but no less than the minimum time bracket indicated:

1. DOCUMENTARY AND NEWS

However, if a writer writes both the story and telescript for a 60 minute documentary program, the minimum time bracket shall be 30 minutes.

2. NON-DRAMATIC PROGRAMS AND PROGRAMS WITH MINIMAL WRITING

E. Discount--Non-Cancellable Contracts
This discount is for contracts that are non- cancellable for a certain minimum number of weeks. A non-cancellable contract differs from a guarantee. A guarantee permits termination of the writer (with notice) if the series goes off the air, a non-cancellable contract does not.

· For any writer who is employed under a term contract non-cancellable for 13 or more weeks (but less than 26 weeks), the writer's applicable weekly minimum is subject to a 10% DISCOUNT.

· For any writer who is employed under a term contract non-cancellable for 26 or more weeks, the writer's applicable weekly minimum is subject to a 20% DISCOUNT.

· If all writers on a program are employed on a minimum series commitment under term contracts non-cancellable for 13 or more weeks (but less than 26 weeks), the aggregate minimum is subject to a 10% DISCOUNT.

· If all writers on a program are employed on a minimum series commitment under term contracts non-cancellable for 26 or more weeks, the aggregate minimum is subject to a 20% DISCOUNT.

V. Residuals

A. Free Television Reruns in the United States and Canada--The minimum compensation payable to the credited writers for each rerun in the United States and Canada is as follows:

†Each "run" includes one broadcast in each city in the United States and Canada. (Reruns on Fox Broadcasting Company have a separate schedule. Please call the Guild's Residuals Department for additional information (323) 782-4700.)

B. Basic Cable Residuals--for programs made for initial release on basic cable, producers may elect one of three rerun formulas:

1. "Hitchcock"--a reuse fee equal to 70% of the applicable minimum for the program covers use of the program for 12 runs on basic cable within 5 years

2. "Sanchez"--a declining percentage of minimum, payable per run, except for runs 2 through 5 which are paid at run 2

†Payable upon the 2nd run of the program

3. Negotiate With the Guild a Specifically Tailored Analogous Formula

C. Foreign Telecast Compensation (Except News)

Initial Foreign Telecast................15% of applicable minimum

When foreign gross exceeds:

When foreign gross exceeds:

Once a writer has received the additional 35% of the applicable minimum for the program, no further sums are due for foreign telecasts. Upon receipt of first monies from the first foreign license, the producer may pay the full 35% as a buyout of the foreign residuals due.

In addition, 1.2% of Distributor’s Foreign Gross, including both foreign basic cable and foreign free television receipts, in perpetuity, after the following thresholds:

30 minute: $365,000

60 minute: $730,000

Over 60 minute but not more than 120 minutes: $1,860,000

The above thresholds are reduced by 50% for Appendix A programs such as Comedy/Variety, Daytime Serials and Documentaries.

D. Foreign Telecast Compensation - News

Additional compensation for foreign telecasts of NEWS PROGRAMS shall be negotiated between the producer and the individual writer.

E. Segment Formula

Payable to each segment writer based on each writer's applicable minimum segment compensation. The formula provides the most flexibility at the least cost as producers "mix and match" segments of various programs of a series.

Writing credits for each individual segment, identified by segment title, are to be provided to the Guild. The segment titles need not be identified on-screen.

F. Segments from Non-Segmented Programs

Segments from programs that were not originally produced under a segmented formula may be used in a new or recombined programs of the same series. However, the segment shall have its own separate residual base and run pattern. The segment residual base will be the rate for one writer for one program of the length and type in which the segment was originally contained. The segment residual is payable to the credited writers of the original program. The segment residual is in addition to any other residual payable for the program into which the segment is inserted.

VI. Pension and Health

In addition to the payments made to the writer, PENSION and HEALTH contributions must be made by the producer on behalf of each writer employed. The PENSION contribution is 6% of each writer's gross compensation. The HEALTH contribution is 8-1/2% of each writer's gross compensation. Pension and Health contributions are subject to a ceiling: no contributions are due on gross compensation exceeding the greater of 2-1/2 times the applicable minimum or the agreed-upon initial compensation.

For more information on these requirements, please contact the Producer/Guild Pension Plan and the Guild/Industry Health Fund offices at:

PRODUCER-WRITERS GUILD OF AMERICA PENSION PLAN
WRITERS GUILD INDUSTRY HEALTH FUND
1015 NORTH Hollywood Way
Burbank, California 91505

Telephone: (818) 846-1015
Fax: (818) 566-8445

VII. Credits

Writing Credits for Non-fiction Entertainment Programs are to be determined in accordance with the provisions of Television Schedule C and Television Schedule D of the MBA.

In general, upon completion of principal photography, the producer must submit to the Guild the proposed writing credits and a list of participating writers. Notice of Tentative Writing Credits Forms may be obtained from the Credits Department at the Guild. Writing credit is required on screen on a separate card in an approved form.

If you have questions concerning these provisions, please contact the Guild Credits Department at either (323) 782-4528 in Los Angeles or (212) 767-7804 in New York.

VIII. Public Television

Writing for public television programs is covered by the WGA Public Television Freelance Agreement. It contains separate program rates and useful compensation formulas, discounts and residuals structures. If you have any questions, please contact the Guild Contracts Department at either (323) 782-4501 in Los Angeles or (212) 767-7803 in New York.