| Negotiating a Screenwriter Contract |
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Page 2 of 3 Waiver of Moral Rights / Right to Edit the ScreenplayIf you want the freedom to develop and change the screenplay as you wish, you need to add two things to the contract:a waiver of the writer’s “moral rights” (since moral rights cannot be assigned or licensed), and a provision stating that the filmmaker may edit and change the screenplay in any manner whatsoever. Moral rights include: (i) the writer’s right to prevent his or her screenplay from being distorted, mutilated, or otherwise changed; (ii) the writer’s right to be credited as author of his or her screenplay; and (iii) the writer’s right to remain anonymous, if he or she so chooses. However, this can get a bit complicated. Under the IPA, certain moral rights – such as the writer’s right to receive a screen credit – cannot be waived by contract. (For more on this, see “Credit” below.) The provision granting the right to edit and change the screenplay includes the right to hire one or more additional writers. This, too, can get a bit complicated. If you wish to commission a rewrite of a script from another writer, you must negotiate terms and conditions (including payment to be made to the original writer) before engaging any subsequent writer. Reversion of RightsUnder the IPA, the rights in the screenplay may revert back to the screenwriter if the filmmaker is declared bankrupt before the start of principal photography, or if principal photography on the film does not begin within seven years from the date the contract is signed – unless the contract specifies otherwise. You may wish to include a clause in the contract stating that no rights or licenses in the screenplay will revert to the writer, without the prior written consent of the filmmaker.CreditA key issue for both filmmakers and writers is the allocation of credits. All credits (including ones for any writers subsequently commissioned by the screenwriter) are strictly governed by the IPA. The IPA provisions are “deemed to be incorporated” in the writer contract and will trump any provision in that contract that is inconsistent with the IPA.Filmmakers must accord the writer (or writers) credit in the form, position and size specified under the IPA. In addition to these minimum requirements, you may also wish to include a provision granting you the right to use the writer’s name and likeness to promote the film. You should be prepared to consider writer requests for specific form, size and placement of their credits, both on-screen and in paid ads for the film. However, be careful about granting the original screenwriter exclusive writing credit – any writers you may hire later on will also be entitled to credit. If there is a dispute about credit, the WGC will appoint three arbitrators to adjudicate the matter, in accordance with the WGC’s credit arbitration guidelines. Continued... |
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