PART II: Theatrical Motion Pictures
Prior to Commencement
1. Specific Terms
Before instructing the writer to commence services, clarify the services the writer is to perform. (Feature Film Guideline #1) Clarify the number of steps and the amount of money to be paid for each step. (Article 13.A.1.) For example, establish up front if the writer will be asked to write a separate story, or if the writer will go directly to screenplay.
2. Deal Negotiated
Do not instruct the writer to commence writing services (or allow anyone else to instruct) without ensuring that the deal is in place (i.e., the essential deal points have been agreed to). Do not instruct the writer to continue services (or allow anyone else to) if the deal is not clearly in place. Instructing the writer to perform services (by any agent of the Company with actual or apparent authority) or accepting material constitutes employment and agreement that all conditions precedent have been met (i.e., conditions which the Company claims must be met before a deal is in place). (Article 13.A.)
3. Commencement Monies
After a Company representative and/or producer has instructed the writer to commence services, immediately complete all necessary paperwork to ensure the writer is paid commencement monies, by the next regular payday in the week following the week in which the writer is instructed to commence, at WGA minimum or the amount negotiated in the writer's individual contract, if more than minimum. (Article 13.A.3.)
4. Speculative Writing
Do not ask the writer to perform any services payment for which is contingent upon acceptance or approval of the material, receipt of financing, or any event other than performance of writing services. This is prohibited "speculative writing." (Article 20.A.)
5. Other Writers
Notify the writer of any writers writing previously on the project, and/or of any other materials upon which the work is to be based. Also notify the writer of any writers hired to write simultaneously. (Article 18) [See also #19 below.] Click here for the Article 18 form.
6. Delivery of Materials
Notify the writer of the name(s) of the person(s) who may authorize the writer to write, and where and to whom delivery of material is to be made. Include such information in the writer's contract, and provide written notice to the writer and the Guild of any change. (Article 13.A.14.)
7. Writer Meetings
Give the writer the opportunity to meet with the producer to have a meaningful discussion concerning the translation of the writer's vision to the screen. Arrange a meeting between the writer and director upon the assignment of the director. (Article 48)
8. Guild Copies
Send a copy of the writer's contract (and any amendments) to the Contracts Department, WGA, 7000 West Third Street, Los Angeles, CA 90048. (Article 19)
While Services Are Performed
9. Worklists
Send weekly worklists to the Guild's Membership Department listing all writers employed and/or all writers from whom literary material was acquired. (Article 3)
10. Pension and Health
Send pension contributions of 6% of compensation for employment services (and sales when combined with employment) to the Producer-Writers Guild Pension Plan, and health contributions of 8.5% of such compensation to the Writers Guild-Industry Health Fund. (Article 17) [Note: The Pension Plan and Health Fund are separate from the WGA. Requests for employer reporting forms and questions regarding the Plan and Fund should be directed to their offices at 818/846-1015 or 1015 North Hollywood Way, Burbank, CA 91505.]
11. Payment on Delivery
Payment of not less than WGA minimum is due for each piece of literary material written under employment or purchased, and must be paid within 48 hours of delivery, but not more than 7 days following delivery. Late payment of 1.5% per month will accrue immediately thereafter. If the writer was originally hired to perform writing services for a low budget theatrical motion picture and the budget later increases, confirm compensation still meets or exceeds the MBA minimum applicable to the new budget level. (Article 13.A.14.) If not, additional compensation must be paid.
12. Producer Notes
Ensure the writer is given clear notes (preferably a single set) and, when possible, in advance of any meetings to discuss the notes. (Feature Film Guideline #2)
13. Purchase of Original Material and First Rewrite
If purchasing or optioning an original screenplay, offer first rewrite to the original writer. If no other writer has been hired, and there is a changed element (e.g., new director or principal performer), offer the original writer one additional set of revisions. (Article 16.A.3.c.)
14. Cover Page
Include the name of each writer on the project on the script cover page until writing credits are determined by the Guild. Once the Guild has made a final determination of writing credits, only the names of the credited writers shall appear on the cover page of the material. (Article 37) [See sample attached.]
15. No Uncompensated Writing
Pay for each piece of material requested and delivered. Do not request or expect uncompensated rewrites or polishes. (Article 9, Article 13.A.1.)
16. Delivery to Person(s) Listed in Contract
Do not request or encourage the writer to deliver literary material to anyone other than the person(s) named in the writer's contract. (Article 13.A.14.) Instruct employees not to accept delivery if not authorized to do so.
17. Writer Participation
Facilitate the participation of the writer in the production process (i.e., seek the writer's input). (Article 48)
18. Errors and Omissions
Make sure the writer is covered under the Errors & Omissions policy for the project. (Article 28)
19. Subsequent Writers
If requested by the writer, inform the writer of any subsequent writers. (Article 18) Click here for the Article 18 form.
Upon Completion of Principal Photography
20. Notice of Tentative Writing Credits
Send completed Notice of Tentative Writing Credits [see sample attached] and a copy of the Final Shooting Script to all participating writers on the project and the Guild. Participating writers are writers who were employed to perform writing services or who sold material under WGA jurisdiction for the project. The Company must list on the Notice the names of all participating writers and propose the writing credit the Company in good faith believes to be an accurate credit. (The Notice should be sent directly to the writer unless the writer elects that the Notice be sent to the writer's current agent.) (Paragraph 11 of Theatrical Schedule A) In the event of a credit arbitration, send three copies of all literary material to the Guild. (Paragraph 18 of Theatrical Schedule A)
21. Viewing the Cut
Give all participating writers an opportunity to view a cut of the film in sufficient time so that any editing suggestions made by the writer concerning the film, if approved, could be reasonably and effectively implemented. (Article 48)
22. Publicity and Promotion
Include the writer in all aspects of publicity and promotion. This includes press kits, previews, premieres, film festivals and press junkets. (Theatrical Schedule A, Article 48, Feature Film Guideline #3)
23. Novelizations
If the Company wishes a novelization to be published, notify the Guild prior to entering into any publication deal in order to have the Guild name the negotiating writer. (Article 16.A.3.a.(3)) The Company shall include all writing credits in any published version of the screenplay or novelization of the screenplay. (Theatrical Schedule A)
24. Advertising
Include the Guild-determined writing credit in all publicity and advertising including trailers, and submit all advertising and press kits to the Guild in advance of publication for review. Prior to final determination of credits, include the good faith credit in all advertising and publicity. (Theatrical Schedule A)
After the Film Is Released
25. Writer's Videocassette
Give each credited writer a videocassette copy of the film provided it is manufactured for sale on videocassette (not to be contingent on any condition other than the final credit determination). (Article 48)
26. Residuals
Pay appropriate residuals as the film is released to various markets (free television, pay television, basic cable, videocassette, cd-rom, multimedia games, etc.). (Articles 15, 16, 51, 58 and 64)
27. Licensing and Assumption Agreements
If the project is sold or licensed to another company, complete appropriate distribution or buyer's assumption agreements and send copies to WGA Contracts Department.
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