Dear Member:
On June 4, 2001, the membership of the Writers Guild of America ratified the contract agreement reached between WGA negotiators and the Alliance of Motion Picture and Television Producers in May. I’m sure I speak for all of the DGA membership in saying that we couldn’t be happier, since avoiding a potentially crippling strike was the outcome we all had hoped for—and the DGA worked toward—from the moment the talks began in January.
All of you should be particularly proud of the major role the DGA played in bringing these negotiations to a successful close. Although we were not physically present at the negotiating table, the WGA's so-called "creative rights" demands forced us into an active role in order to protect the filmmaking process and the rights and responsibilities of directors. Your Guild’s leadership, the DGA Creative Rights Committee, over 170 feature film directors and the DGA staff all had a hand in crafting sensible solutions to the writer-director collaboration and possessory credit issues that, at the same time, do not compromise the production process.
At the heart of the DGA’s position regarding writer-director collaboration is the notion that creative relationships should not be mandated. We proposed that these issues be addressed in the context of preferred practices, rather than contractual mandates, and we are glad that those involved in the negotiations concurred.
Since some public statements and news stories have inaccurately made it appear as though screenwriters have gained the unlimited "right" to be on the set and at the first cast reading, you should know that this is categorically not the case. Instead, the WGA agreement sets down some non-contractual, non-binding points of good conduct for both writers and directors. These points are not mandates, are not contractually enforceable and cannot be subject to arbitration; they are intended solely to serve as “preferred” guidelines for writer-director relationships.
Under the new, non-binding, preferred practices code for feature films:
- A director assigned to a film based upon an existing screenplay should meet with the currently employed writer before deciding to hire a new writer;
- It is preferred that the writer be invited to the first cast meeting. However, it is understood that this reading is a delicate moment for both the director and the actors, and that the director must be able to exercise discretion whether to invite a writer;
- It is preferred that the Company, in response to a request from the writer, arrange for the writer to visit the set at an appropriate time. However, it is understood that because of the nature of the material being shot, confidentiality considerations, personal dynamics of the cast or other key personnel, or variety of other reasons, writer visits may not be appropriate. Therefore, the director retains the discretion to approve any such visit.
Preferred practices for episodic television were also agreed upon. Under these provisions:
- Preparation of the script must be the writer-producer's first priority, so that Companies can comply with their contractual obligation to furnish the director with a completed shooting script the day before the director starts his or her prep.
- Directors should be consulted about all substantive script changes;
- Companies should make writer/producers aware of their obligation under the DGA's Basic Agreement to notify the director of the scheduling of each post- production operation.
- It is reiterated that the DGA Basic Agreement gives the director the right to participate in all creative decisions and all post-production operations.
On the issue of the possessory credit, the DGA put forward proposals that we believe would have been a major step toward enhancing the value and meaning of this credit. We were disappointed that the WGA declined to accept these proposals. Although we would have preferred to put this issue to rest, we are gratified that we succeeded in our goal of preserving the historic right to negotiate for a possessory credit free of any WGA-imposed restrictions. At the same time, the DGA will continue to explore possible solutions to the proliferation of possessory credits and protective measures for the historic value of the credit.
The WGA and the companies did agree to enter into talks concerning credit issues on an industry-wide basis. These talks will include discussion about the possessory credit, the "Created by" and "Developed by" credits in episodic television, the proliferation of unwarranted credits in feature films and television (in particular producer credits), and the process by which directors, executives and producers are accorded writing credits in feature films. Assuming these talks are conducted in an atmosphere free of rancor and personal attacks, the DGA fully intends to participate.
In a further effort to find solutions to issues involving the roles of writers and directors, the DGA also agreed to join with the WGA and studios to form three Joint Creative Rights Committees; one for feature films, one for movies for television and another for episodic television. These committees are scheduled to meet at least twice a year to discuss matters of mutual concern in the areas of creative rights and collaboration in their respective formats. In addition, we agreed with the WGA to publish one issue each of our respective magazines with the cover story devoted to the topic of successful collaborations between writers and directors of feature films, and another issue with the same cover story applied to television collaborations; to jointly host four seminars per year in which successful theatrical collaborators discuss their working relationships and another four seminars in which successful television collaborators do the same; to jointly publish and disseminate to their members a pamphlet setting forth the creative rights of writers and directors; to include this pamphlet in materials provided to new members; and to include the topic of writer-director collaboration in new member orientation programs.
The DGA has the right to terminate our participation in these programs, which we may have to exercise if we find that the programs are not furthering a collegial relationship between writers and directors and their respective institutions.
I know all of you remain committed to working with your writer collaborators to continue to improve the film and television production process. We are hopeful that the ongoing Screen Actors Guild talks will come to a successful resolution, and that 2001 will come and go without a labor strike in Hollywood.
Best wishes,
JACK SHEA
President, Directors Guild of America
