III. Guild Policy on Credits
A. DEFINITIONS
1. Writer
The term "writer" is defined in the Minimum Basic Agreement. In general, the term "writer" means a person employed by a Company to write literary material or a person from whom a Company purchased literary material who at the time of purchase was a "professional writer," as defined in the Minimum Basic Agreement.
For purposes of credit, a team of writers, as defined in the Television Credits Manual Section I.B., is considered as one writer.
If literary material covered under the Minimum Basic Agreement is written by one member of a team, separate and apart from the work of the team, such literary material shall be considered separate from the literary material by the team for purposes of assessing contributions to the final shooting script. Therefore, such individual is eligible to receive writing credit as an individual writer and/or as a member of a team.
2. Literary Material
Literary material is written material and shall include stories, adaptations, treatments, original treatments, scenarios, continuities, teleplays, screenplays, dialogue, scripts, sketches, plots, outlines, narrative synopses, routines, and narrations, and, for use in the production of television film, formats.
3. Source Material
Source material is all material, other than story as hereinafter defined, upon which the story and/or teleplay is based.
This means that source material is material assigned to the writer which was previously published or exploited and upon which the writer's work is to be based (e.g., a novel, a produced play or series of published articles), or any other material written outside of the Guild's jurisdiction (e.g., literary material purchased from a non-professional writer). Illustrative examples of source material credits are: "From A Play by", "From a Novel by", "Based upon a story by", "From a series of articles by", "Based upon a teleplay by" or other appropriate wording indicating the form in which such source material is acquired. Research material is not considered source material.
4. Story
The term "story" means all writing covered by the provisions of the Minimum Basic Agreement representing a contribution "distinct from teleplay and consisting of basic narrative, idea, theme or outline indicating character development and action."
It is appropriate to award a "Story by" credit when: 1) the story was written under employment under Guild jurisdiction; 2) the story was purchased by a signatory company from a professional writer, as defined in the Minimum Basic Agreement; or 3) when the teleplay is based upon a sequel story written under the Guild's jurisdiction. If the story is based upon source material of a story nature, see "television story" below.
5. Television Story
Credit for story authorship in the form "Television Story by" is appropriate when the teleplay is based upon source material and a story, as those terms are defined above, and the story is substantially new or different from the source material.
6. Teleplay
A teleplay consists of individual scenes and full dialogue or monologue (including narration in connection therewith), and camera set-ups, if required, together with such prior treatment, basic adaptation, continuity, scenario and dialogue as shall be used in, and represent substantial contributions to, the final script.
A "Teleplay by" credit is appropriate when there is source material of a story nature (with or without a "television story" credit) or when the writer(s) entitled to "Story by" credit is different than the writer(s) entitled to "Teleplay by" credit.
7. "Written by"
The term "Written by" is used when the writer(s) is entitled to both the "Story by" credit and the "Teleplay by" credit.
This credit shall not be granted where there is source material of a story nature. However, biographical, newspaper and other factual sources may not necessarily deprive the writer of such credit.
8. Narration
The term "narration" means material used (typically off-camera) to explain or relate sequence or action (excluding promos or trailers).
Credit for narration shall be accorded only to a writer other than the writer of a teleplay or story and teleplay.
a. Film assembled in story sequence:
Where no material or a story only has been written at the time the narration writer is employed, the appropriate form of credit is "Narration Written by."
Where a story and teleplay have been written at the time the narration writer is employed and if there is over eight minutes (in the aggregate) of narration, the appropriate form of credit is "Narration by." This credit shall not become final or effective unless approved by a credit arbitration.
b. Film not assembled in story sequence:
Where no material has been written at the time the narration writer is employed, the appropriate form of credit is "Written by."
Where a story only has been written at the time the narration writer is employed, the appropriate form of credit is "Narration Written by."
9. "Based on Characters Created by"
"Based on Characters Created by" is a writing credit given to the writer(s) entitled to separated rights in the following circumstances:
a. when a writer(s) is entitled to separation of rights in a theatrical motion picture and there is a television sequel to such theatrical motion picture;
b. when a writer(s) is entitled to separation of rights in a television motion picture and there is a television sequel without an order for a series.
Where there are no separated rights, "Based on Characters Created by" may be accorded to the author of source material upon which a sequel is based.
10. Episodic Series
An episodic series is a series of programs each of which contains a separate complete story with a character or characters common to each of the programs in the series, provided, however, that such series shall still remain an episodic series even though a multi-part closed-end story is utilized in the series.
11. Unit Series
A unit series is a series of programs each of which contains a separate complete story, without a character or characters common to each of the programs in the series but held together by the same title, trade name or mark or identifying device or personality common to all the programs in the series.
12. Format
The term "format" as defined in the MBA means a written presentation consisting of the following:
a. As to a serial or episodic series, such format sets forth the framework within which the central running characters will operate and which framework is intended to be repeated in each episode; the setting, theme, premise or general story line of the proposed serial or episodic series; and the central running characters which are distinct and identifiable, including detailed characterizations and the interplay of such characters. It also may include one or more suggested story lines for individual episodes.
b. As to a multi-part series telling a complete story such as "Rich Man, Poor Man" (Book I) or "Roots" or a prime time serial, such as "Executive Suite," such format as described in (a) above shall be called a "bible" if, in addition and at the request or upon the instructions of the Company, it contains all of the following characteristics and requirements:
i) It is in much greater detail than a traditional format, and includes the context, framework, and central premises, themes and progression of the multi-part series or serial.
ii) It sets forth a detailed overall story development for the multi-part series or for the first broadcast season of the serial (or such lesser period as may be contracted for with the writer) and includes detailed story lines for (A) all of the projected episodes of the multi-part series or (B) most of the projected episodes for the first broadcast season of the serial (or such lesser period as may be contracted for with the writer).
iii) The characters must be not only distinct and identifiable, but must be set forth with detailed descriptions and characterizations.
c. Except as to minimum compensation and reversion ..., a "bible" is a format for all other purposes ...
d. As to a unit (anthology) series, a format means a written presentation consisting of the following: a detailed description of the concept of the proposed series; the context and continuing framework intended to be repeated in each episode; and the central premises, themes, setting (locale, time, etc.), flavor, mood, style and attitude of the proposed series; and it may include suggested story lines for several of the projected episodes.
13. "Created by"
A "Created by" credit shall be given on each episode of an episodic series or serial to the writer when such writer has separated rights and is entitled to sequel payments under the terms of the Minimum Basic Agreement. The Company may contract to give such credit to any writer, but such contract shall provide that in the event another writer is determined to be entitled to such credit, as provided above, that writer shall be given a "Developed by" credit or other similar credit.
14. "Developed by"
A "Developed by" or "Developed for Television by" credit shall be given only to a person who has contributed to the writing of the program, series or episode involved. As a general rule, a "Developed by" credit would be granted to that writer who has contributed significantly to the series' distinctiveness and viability, but not enough to warrant a "Created by" credit. It is up to the arbiters to determine whether or not it is appropriate to award "Developed by" to the writer proposed for such credit by the Company.
15. "Adaptation by"
This credit is appropriate in certain unusual cases where a writer shapes the direction of a teleplay construction without qualifying for "Teleplay by" credit. In those special cases, and only as a result of arbitration, the "Adaptation by" credit may be used.
B. RULES FOR DETERMINING CREDIT
In determining relative contribution, the relevant factors shall be what material was actually used, not the Arbitration Committee's personal preference of one script over another.
A team of writers shall be treated in all respects as a single writer.
1. "Written by"
(See Section III.A.7.)
2. "Story by"
(See Section III.A.4.)
Story credit may not be shared by more than two writers. For a second writer to share story credit, his/her contribution must constitute substantially more than the contribution of the first writer.
A story may be written in story form or may be contained within other literary material, such as a treatment or a teleplay, for purposes of receiving a "Story by" credit.
3. "Television Story by"
(See Section III.A.5.)
Television Story credit may not be shared by more than two writers.
If the writer is furnished source material but takes from it only a characterization, an incident or some equally limited contribution, creating a substantially new and different story from the source material, he/she may receive credit for "Television Story by," but only as the result of arbitration. In such cases the author of the source material may be given credit that specifies the form in which his/her material was acquired -- for instance, "From a Play by," "From a Novel by," "From a Saturday Evening Post Story by," "From a Series of Articles by," "From a Story by," etc.
4. "Teleplay by"
(See Section III.A.6.)
a. Guidelines for the Arbiters in Determining Teleplay Credit
Credit for teleplay will not be shared by more than two writers, except that in unusual cases, and solely as a result of a credit arbitration, the names of three writers or the names of two writing teams may be used. The limitation on the number of writers applies to all dramatic teleplays except multiple-story teleplays, revues, variety and audience participation shows.
A writer who is the original writer (herein sometimes called the "first writer") of a teleplay shall be entitled to teleplay credit unless a "second writer(s)" contributes substantially all of the four elements listed below to a degree that the contribution of the "first writer" in each of the four elements is essentially eliminated. A "second writer(s)" is any writer or writers who render writing services on a teleplay after the "first writer."
As a general rule, for a "second writer(s)" to share teleplay credit the contribution to the teleplay must consist of changes of a substantial and original nature that go to the root of the drama or comedy, characterization and content of a teleplay and constitute substantially more than the contribution of the "first writer."
Notwithstanding the requirement that a "second writer" must contribute substantially more than the "first writer" in order to share teleplay credit, where there is more than one "second writer" and where they together contribute substantially more to the teleplay than the "first writer," but no one writer contributes substantially more than the "first writer," the "second writer(s)" contributing most substantially to their combined contribution shall be entitled to teleplay credit.
b. Additional Guidelines for the Arbiters in Determining Teleplay Credit
In each case the arbiters read any source material and all literary material provided to them in connection with the development of the final teleplay in order to assess the contribution of each writer to the final shooting script.
The relative contribution of writers to teleplay obviously cannot be determined by counting lines or even the number of pages to which a writer has contributed. Arbiters must take into consideration the following elements in determining whether a writer is entitled to teleplay credit:
* dramatic construction;
* original and different scenes;
* characterization or character relationships; and
* dialogue.
It is up to the Arbitration Committee to determine which of the above-listed elements are most important to the overall values of the final teleplay in each particular case. A writer may receive credit for a contribution to any or all of the above-listed elements. It is because of the need to understand contributions to the teleplay as a whole that professional expertise is required on the part of the Arbitration Committee. For example, there have been instances in which every line of dialogue has been changed and still the Committee found no significant change in the teleplay as a whole. On the other hand, there have been instances where far fewer changes in dialogue have made a significant contribution to the teleplay as a whole. In addition, a change in one portion of the script may be so significant that the entire teleplay is affected by it. It is because of the need to weigh the relative importance of these elements and to understand contributions to the teleplay as a whole that experience is required on the part of the Arbitration Committee, which in each case reads any source material and all of the writing which has been done in the development of the final teleplay in order to assess the contribution of each writer to the shooting script.
It is possible to consider the writer of a story or treatment as eligible for teleplay credit, but only in those cases where the story or treatment is written in great detail, to an extent far beyond the customary requirements for a story or treatment.
c. Selection from Source Material
As a guideline for arbiters in cases involving a non-original teleplay based upon source material, it is a fundamental principle that selection of teleplay elements from the source material is a part of the creative process of writing the teleplay. Arbiters should give weight to any writer's original and unique utilization, choice, or arrangement of source material when it is present in the final shooting script, but not the employment of basic story elements which any other writer may have also selected. (See teleplay elements - Sec. III.B.4.b. See story elements - Sec. III.A.4.)
5. "Adaptation By"
(See Section III.A.15)
Because of the strong feeling against a multiplicity of credits, the Guild is opposed to the general use of the "Adaptation by" credit. However, the Guild recognizes that there are certain unusual cases where credit is due a writer who shapes the direction of teleplay construction without qualifying for "Teleplay by" credit. In those special cases, and only as a result of arbitration, the "Adaptation by" credit may be used.
6. Variety or Audience Participation Shows
The credit customarily given writers of this type of program is:
"Written by"
Where a writer has contributed material but is not entitled to share in "Written by" credit, an additional credit may be given for such material in the form:
"Special Material by"
These credits are subject to determination under Appendix A, Television Schedule C, of the Minimum Basic Agreement. There is no limitation as to the number of writers who may share such credits.
7. Narration
(See Section III.A.8.)
8. No Other Credits Approved
Any form of credit not expressly described in this Manual shall be used only upon receipt of a waiver from the Guild. Fewer names and fewer types of credit enhance the value of all credits and the dignity of all writers.
C. PRODUCTION EXECUTIVES
The term "production executive" means any employee of the Company customarily hired for, or engaging in, activities considered part of the managerial phase of the Company's business activities. For the purpose of credit determination, the following are considered to be production executives: producers, directors, story editors, story supervisors, or any other person who represents management in dealing with writers.
1. Automatic Arbitration Provisions
Schedule A of the Minimum Basic Agreement provides:
"Unless the writing of the story and/or teleplay is done entirely without any other writer, no story or teleplay credit to a production executive shall become final or effective unless approved by a credit arbitration as herein provided, in accordance with the Guild rules for the determination of such credit."
2. Notice Requirements
A production executive may not receive credit on the basis of work done as a member of a writing team, except as a member of a head-to-head collaboration on such terms as may be approved by the Board of Directors.
As in all cases, decisions of Arbitration Committees are based upon literary material. Therefore, production executives, as well as other writers, should keep dated copies of all literary material written by them and submitted to the Company.
D. REMAKES
In the case of remakes, any writer who has received writing credit under the Guild's jurisdiction in connection with a prior version of the motion picture is a participating writer on the remake. As such, those prior writers are entitled to participate in the credit determination process and are eligible to receive writing credit pursuant to the rules for determining writing credits. The material written by a prior writer(s) shall be considered literary material.
If under the "Rules for Determining Writing Credits" (Section III.B.) the Arbitration Committee determines that such prior writer(s) is not entitled to receive writing credit, the Arbitration Committee may, within its discretion, accord such prior writer(s) a credit in the nature of a source material credit, such as "Based on a Teleplay by...."
However, the rules do not preclude a prior writer(s) from receiving both writing credit and a credit in the nature of a source material credit at the discretion of the Arbitration Committee.
E. WITHDRAWAL FROM CREDIT
Prior to the time a credit question has been submitted to arbitration, a writer may withdraw from writing credit for personal cause, such as violation of his/her principles or mutilation of material he/she has written. If the other writer-contributors do not agree, the question shall be referred to arbitration. The Arbitration Committee in such cases shall base its determination on whether there is such personal cause.
After credits have been determined by arbitration, a writer may not withdraw his/her name from credit. He/she may, however, by notification to the Guild, withdraw from any other form of credit.
Withdrawal from writing credit will result in loss of any and all rights accruing from receipt of writing credit. Use of a pseudonym rather than withdrawing from credit will not result in such a forfeiture. (See H. below.)
F. GUILD'S RIGHT TO PROTEST
Pursuant to the provisions of the Minimum Basic Agreement the Guild has the right to protest credits proposed by the Company. The Guild may act irrespective of the wishes of any of the participating writers in order to ensure that the credit rules are properly applied.
G. ORDER OF NAMES
The order of writers' names in a shared credit may be arbitrated. Generally, the most substantial contributor is entitled to first position credit. Where there is no agreement among the arbiters as to order of names, or where the Arbitration Committee determines that the credited writers' contribution is equal, then the Arbitration Committee shall order the writers' names chronologically.
H. PSEUDONYMS
The Minimum Basic Agreement provides that any writer who is entitled to credit on the screen and who has been paid, or is guaranteed payment of, less than three (3) times the applicable minimum provided for in the Minimum Basic Agreement shall have the right to be accorded credit on the screen, in advertising or otherwise, in a reasonable pseudonymous name.
The writer shall exercise his/her said right within the time he/she may give written notice of protest as provided in Paragraph 13 of Television Schedule A.; provided, however, that in the event of a timely protest by any participating writer, the time to exercise his or her right to use of a pseudonym shall be extended to 24 hours after the Guild's credit determination, but in no event later than the applicable time periods set forth in Paragraph 14 of Television Schedule A.
None of the writer's rights, including but not limited to compensation of any kind, shall be affected by use of such pseudonym.
Before using a pseudonym a writer must register it with the Guild by sending a written notice to the Membership Department with the writer's Social Security number, if any. A pseudonym may not duplicate the name or pseudonym of another writer or the name of a public figure.
Subject to the terms of a fully-executed strike settlement agreement between a signatory company and the Guild, the Television Credits Administrator shall be empowered to obtain the true name and identity of any writer listed by pseudonym on any Notice of Tentative Writing Credit submitted to the Guild. In the event that the Company or writer refuses to reveal the true identity of a writer listed by pseudonym on a Notice of Tentative Writing Credit on which the names of one or more other writers also appear, such writer listed by pseudonym shall not be entitled to receive writing credit, and credit shall be awarded to the other writers as the Arbitration Committee or the Television Credits Administrator determines.
I. WRITTEN MATERIAL PREVAILS
Decisions of Arbitration Committees are based upon literary material. Claims of authorship must be supported by literary material appropriate for submission to the Arbitration Committee. In the event of conflicting claims, literary material always prevails.
J. REVISION OF SCRIPT AFTER FINAL CREDIT DETERMINATION
If, after screen credits are finally determined, material changes are made in the literary material, either the Company or a participant and the Guild jointly may reopen credit determination by making a claim within 48 hours after completion of the writing work claimed to justify the revision of credits; and in such case the procedure for the original determination of credits is followed.
K. PUBLICIZING OF CREDITS
The Minimum Basic Agreement and Guild Working Rules provide that no writer shall claim credit for screen authorship on any motion picture prior to the time when the credits have been determined, and no writer shall claim credits contrary to such determination. In addition, the Guild believes that it is in the best interest of all writers that certain facts relating to any particular credit determination should remain confidential. For example, participating writers are asked to refrain from commenting in the press or media about issues related to pre-arbitration hearings, arbiters' written decisions or Policy Review Board hearings.
L. CONCLUSION
These rules and procedures have been derived from the experience and practice of the past years. Although they remain the guiding policy by which credits are determined, they are not to be considered rigid or inflexible. The Guild has the discretion to depart from precedent when new conditions, new problems, or new methods of work may require an alteration of the rules or a new application of an existing rule to a unique set of facts and circumstances.
It is now accepted that administration of writers' credits belongs to the writers themselves. It is their responsibility to see to it that credits are administered wisely and well, that the written work product of participating writers is credited as accurately as possible, and that the overall result leads ultimately to a recognition of the importance of the writers' contribution to the screen.
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