W RITERS T ELEVISION S HORT -F ORM C ONTRACT
(F OR M OVIES OF THE WEEK AND M INI -S ERIES )
DATE: _____________
1. NAME OF PROJECT: ______________________________________________________________ (“PROJECT”)
2. LENGTH OF PROGRAM: _____ MINUTES (OVER __ BROADCAST PERIODS/NIGHTS)
3. NAME/ADDRESS OF COMPANY:
______________________________________________________________ (“COMPANY”)
___________________________________________________________________________
___________________________________________________________________________
4. NAME OF WRITER: ____________________________________________________________ (“WRITER” )
SOCIAL SECURITY NUMBER _____________________________
5. WRITER’S REPRESENTATIVE: ___________________________________________________________
6. CONDITIONS PRECEDENT:
□ W-4 □ I-9 □ OTHER, IF ANY
7. COMPENSATION:
A. GUARANTEED COMPENSATION (SEE 15, BELOW): $ _____________
B. CONTINGENT COMPENSATION (SEE 15, BELOW): $ _____________
C. PROFIT PARTICIPATION: IF SOLE WRITING CREDIT, _____% OF (NET/GROSS) PROCEEDS;
REDUCIBLE FOR SHARED CREDIT TO _____% (SEE 33, BELOW)
8. SPECIFIC MATERIAL UPON WHICH SERVICES ARE TO BE BASED, IF ANY (A COPY WILL BE SENT TO
WRITER UNDER SEPARATE COVER):
9. OTHER WRITERS EMPLOYED ON SAME PROJECT OR FROM WHOM MATERIAL HAS BEEN
OPTIONED/ACQUIRED, AND DATES OF MATERIAL, IF ANY:
10. COMPANY REPRESENTATIVE AUTHORIZED TO REQUEST REVISIONS:
11. COMPANY REPRESENTATIVE TO WHOM/PLACE WHERE MATERIAL IS TO BE DELIVERED:
12. ANNOTATIONS WILL □ WILL NOT □ BE REQUIRED (IF YES, COMPANY’S ANNOTATION GUIDE
WILL BE PROVIDED TO WRITER IMMEDIATELY)
13. PRODUCER IS □ IS NOT □ AUTHORIZED BY THE NETWORK/LICENSEE TO REQUEST
ADDITIONAL REVISIONS BEFORE SUBMITTING DRAFTS TO THE NETWORK/LICENSEE.
14. PRODUCER IS □ IS NOT □ A SIGNATORY TO THE NETWORK WGA MBA (WHICH REQUIRES THE
COMPANY TO NOTIFY THE NETWORK/LICENSEE IN WRITING WHEN WRITER HAS DELIVERED TO THE
COMPANY).
15. SERVICES TO BE PERFORMED, INCLUDING NUMBER OF STEPS (e.g., story and frst draft, two
rewrites and a polish)
[ Note : not less than 10% of agreed compensation for the frst delivered material is due
upon commencement, not less than 30% of agreed compensation is due on delivery of
story, not less than 40% of agreed compensation on delivery of frst draft teleplay, not less
than 90% of WGA minimum shall be paid by delivery of frst draft teleplay. The balance is
due on delivery of fnal draft teleplay. In addition, if the writer is employed for story and
teleplay, not more than 14 days shall elapse between the frst submission of the story and
the commencement of the preparation of the teleplay. For teleplay, the applicable time
limits for teleplay in Article 13.B.8. shall control.]
A. FOR STEP 1: _________________( EXAMPLE : STORY/TELEPLAY/REWRITE)
□ GUARANTEED
□ OPTIONAL
WRITING PERIOD: _______ WEEKS
READING PERIOD: _______ WEEKS
PAYMENT DUE: $_______________
(50% DUE ON COMMENCEMENT, 50% WITHIN SEVEN (7) DAYS OF
DELIVERY)
B. FOR STEP 2 (IF APPLICABLE): ______________________
□ GUARANTEED
□ OPTIONAL
WRITING PERIOD: _______ WEEKS
READING PERIOD: _______ WEEKS
PAYMENT DUE: $_______________
(50% DUE ON COMMENCEMENT, 50% WITHIN SEVEN (7) DAYS OF
DELIVERY)
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C. FOR STEP 3 (IF APPLICABLE): _____________________
□ GUARANTEED
□ OPTIONAL
WRITING PERIOD: _______ WEEKS
READING PERIOD: _______ WEEKS
PAYMENT DUE: $_______________
(50% DUE ON COMMENCEMENT, 50% WITHIN SEVEN (7) DAYS OF
DELIVERY)
D. FOR STEP 4 (IF APPLICABLE): _____________________
□ GUARANTEED
□ OPTIONAL
WRITING PERIOD: _______ WEEKS
READING PERIOD: _______ WEEKS
PAYMENT DUE: $_______________
(50% DUE ON COMMENCEMENT, 50% WITHIN SEVEN (7) DAYS OF
DELIVERY)
E. FOR STEP 5 (IF APPLICABLE): _____________________
□ GUARANTEED
□ OPTIONAL
WRITING PERIOD: _______ WEEKS
READING PERIOD: _______ WEEKS
PAYMENT DUE: $_______________
(50% DUE ON COMMENCEMENT, 50% WITHIN SEVEN (7) DAYS OF
DELIVERY)
F. ADDITIONAL STEPS (IF APPLICABLE):
_______________________________________________________________
_______________________________________________________________
16. COMPANY SHALL PAY THE ABOVE GUARANTEED AMOUNTS DUE IF READING PERIODS PASS AND
COMPANY DOES NOT REQUEST SERVICES. THE READING PERIOD FOR A POLISH SHALL NOT IN ANY
EVENT EXCEED THIRTY (30) DAYS. IF THERE HAS BEEN NO INTERVENING WRITER(S), HOWEVER,
SERVICES SHALL BE DUE, SUBJECT TO WRITER'S PROFESSIONAL AVAILABILITY, FOR A PERIOD NOT
TO EXCEED ______ MONTHS. IF COMPANY AT ANY TIME GIVES WRITER NOTICE THAT NO FURTHER
SERVICES ARE REQUIRED, THEN ANY REMAINING UNPAID INSTALLMENTS OF THE ABOVE FIXED
COMPENSATION SHALL BE PAYABLE AT SUCH TIME AS COMPANY NOTIFIES IN WRITING THAT NO
FURTHER SERVICES ARE REQUIRED.
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17. BONUS:
A. For sole writing credit: $_____________
B. For shared writing credit: $___________
Shared credit bonus will be paid on commencement of principal photography if no other writer
has been engaged; balance to be paid on determination of writing credit.
C. For “green light” or engagement of an “element”: $___________
If Writer is writer of record or is most recent writer on the Project at the time the Project is given
a “green light” by a network or an element is attached on a pay-or-play basis, Writer shall be
given a bonus of __________________________________ Dollars ($________ ) which may may not
be applied against the bonus in A. or B., above.
18. CREDITS AND SEPARATED RIGHTS:
P er WGA MBA. It is understood that writer has not sold any reserved rights by virtue of this
agreement. If company wishes to acquire any reserved rights, or the compensation above is equal
to or in excess of the “upset price,” writer and company will negotiate separately regarding such
reserved rights, subject to the wga mba .
19. EXISTING CREDIT OBLIGATIONS REGARDING ASSIGNED MATERIAL, IF ANY (SUBJECT TO WGA MBA):
20. VIEWING CUT:
Per WGA MBA: Company shall invite Writer to view the “Director’s Cut” within forty-eight (48) hours
after the Company’s viewing. If, in lieu of a viewing, the Company is provided with a videocassette
copy of the cut, the Company shall simultaneously provide the Writer with a videocassette copy of
the cut. Writer shall also be invited to [_____] other screenings.
21. PREMIERES:
If writer receives writing credit, Company shall □ shall not □ provide Writer and one (1) guest
with an invitation to the initial celebrity premiere, if held, with travel and accommodations at a level
not less than the director or producer of the project.
22. VIDEOCASSETTE:
Per WGA MBA.
23. TRANSPORTATION AND EXPENSES:
If Company requires Writer to perform services hereunder at a location more than ____ miles from
Writer's principal place of residence, which is _____________________, Writer shall be given frst class
(if available) transportation to and from such location and a weekly sum of $________ ($______ per
week in a high cost urban area). If Company requires Writer to perform services at such location for
two (2) weeks or more, Writer shall be given one (1) additional frst class round trip transportation
for Writer’s companion.
24. SEQUELS/REMAKES:
If separated rights,
• Series Payments: $ ______ per 1/2 hour episode; $ ____ per 1 hour episode; $ _____ per
MOW (in network primetime or on pay television, otherwise $ _____ per MOW); $ ______ per
sequel produced directly for the videocassette/videodisc market; $ ______ per product
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produced for the interactive market based on the Project; _________________________ [other,
e.g., theme park attractions based on the Project].
• Spin-ofs: Generic – 1/2 of above payments
Planted – 1/4 of above payments
• Sequel Movies for Television: If Project is ninety (90) minutes or longer, Writer shall be ofered
the opportunity to write any sequel Project ninety (90) minutes or longer, at not less than the
Writer was paid to write the Project.
• Other Sequels: If Writer is accorded sole “Written by” or “Screenplay by” credit, Writer shall
have the right of frst negotiation on all audio-visual exploitation, including, but not limited to
remakes and sequels and MOWs, mini-series and TV pilots (or frst episode if no pilot) for a
period of seven (7) years following release.
25. THEATRICAL EXHIBITION: 100/50/50 (BUT NOT LESS THAN WGA MINIMUMS):
If the Project, or any edited version thereof, either in whole or in part, is released theatrically,
then Company will pay Writer the following compensation in addition to all other compensation
provided for in this Agreement.
( a ) If the Project, or any edited version thereof, either in whole or in part, is released
theatrically anywhere in the world prior to its initial telecast in the United States, then
Writer will receive the greater of: (i) an amount equal to 100% of Writer’s compensation
specifed in Paragraphs 15 and 17 of this Agreement, or (ii) WGA minimum for such
theatrical release.
( b ) If the Project, or any edited version thereof, either in whole or in part, is released
theatrically subsequent to its initial telecast in the United States, then: (i) upon such
theatrical release in the Domestic Territory, Writer will receive an amount equal to 50%
of Writer’s compensation specifed in Paragraphs 15 and 17 of this Agreement, or WGA
minimum for such theatrical release, whichever is greater; and (ii) upon such theatrical
release in the Foreign Territory, Writer will receive an amount equal to 50% of Writer’s
compensation specifed in Paragraphs 15 and 17 of this Agreement, or WGA minimum
for such theatrical release, whichever is greater. For purposes hereof, the “Domestic
Territory” means the United States and/or Canada; the “Foreign Territory” means any
area(s) of the world outside the Domestic Territory.
( c ) It is understood that regardless of the number or sequence of theatrical releases of the
Picture, Company will not be required to pay Writer a grand total of theatrical release
payments under subparagraphs 25(a) and 25(b) above in excess of 100% of Writer’s
compensation specifed in Paragraphs 15 and 17 of this Agreement, or the aggregate
WGA minimum for all theatrical releases, whichever is greater.
( d ) All theatrical release payments will be made within 30 days following the applicable
theatrical release to which the payment relates.
26. NOTICES:
All notices shall be sent as follows:
TO WRITER: TO COMPANY:
27. MINIMUM BASIC AGREEMENT:
The parties acknowledge that this contract is subject to all of the terms and provisions of the Basic
Agreement and to the extent that the terms and provisions of said Basic Agreement are more
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advantageous to Writer than the terms hereof, the terms of said Basic Agreement shall supersede
and replace the less advantageous terms of this agreement. Writer is an employee as defned by
said Basic Agreement and Company has the right to control and direct the services to be
performed.
28. GUILD MEMBERSHIP:
To the extent that it may be lawful for the Company to require the Writer to do so, Writer agrees to
become and/or remain a member of Writers Guild of America in good standing as required by the
provisions of said Basic Agreement. If Writer fails or refuses to become or remain a member of said
Guild in good standing, as required in the preceding sentence, the Company shall have the right at
any time thereafter to terminate this agreement with the Writer.
29. PLUGOLA AND PAYOLA: Writer acknowledges that it is a crime to accept or pay any money, service
or other valuable consideration for the inclusion of any plug, reference, product identifcation or
other matter as a part of a television program unless there is a full disclosure as required by the
applicable sections of the Federal Communications Act. Writer will not accept or pay any such
consideration or agree to do so, and any breach of such undertaking will be considered a breach of
this Agreement.
30. RESULTS AND PROCEEDS:
Work-Made-For-Hire: Writer acknowledges that all results, product and proceeds of Writer's
services (including all original ideas in connection therewith) are being specially ordered by
Producer for use as part of a Motion Picture and shall be considered a “work made for hire” for
Producer as specially commissioned for use as a part of a motion picture in accordance with
Sections 101 and 201 of Title 17 of the U.S. Copyright Act. Therefore, Producer shall be the author
and copyright owner thereof for all purposes throughout the universe without limitation of any kind
or nature. In consideration of the monies paid to Writer hereunder, Producer shall solely and
exclusively own throughout the universe in perpetuity all rights of every kind and nature whether
now or hereafter known or created in and in connection with such results, product and proceeds, in
whatever stage of completion as may exist from time to time, including: (i) the copyright and all
rights of copyright; (ii) all neighboring rights, trademarks and any and all other ownership and
exploitation rights now or hereafter recognized in any Territory, including all rental, lending,
fxation, reproduction, broadcasting (including satellite transmission), distribution and all other
rights of communication by any and all means, media, devices, processes and technology; (iii) the
rights to adapt, rearrange, and make changes in, deletions from and additions to such results,
product and proceeds, and to use all or any part thereof in new versions, adaptations, and other
Motion Pictures including Remakes and Sequels; (iv) the right to use the title of the Work in
connection therewith or otherwise and to change such title; and (v) all rights generally known as the
“moral rights of authors.”
31. WARRANTY AND INDEMNIFICATION:
A. Subject to Article 28 of the WGA Basic Agreement, Writer hereby represents and warrants as
follows:
1. Writer is free to enter into this Agreement and no rights of any third parties are or will be
violated by Writer entering into or performing this Agreement. Writer is not subject to any
conficting obligation or any disability, and Writer has not made and shall not hereafter make
any agreement with any third party, which could interfere with the rights granted to
Company hereunder or the full performance of Writer's obligation and services hereunder.
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2. All of the Work (and the Property, if any) shall be wholly original with Writer and none of the
same has been or shall be copied from or based upon any other work unless assigned in this
contract or in the public domain. The reproduction, exhibition, or any use thereof or any of
the rights herein granted shall not defame any person or entity nor violate any copyright or
right of privacy or publicity, or any other right of any person or entity. The warranty in this
subparagraph shall not apply to any material as furnished to Writer by Company (unless
such furnished material was written or created by Writer or originally furnished to Company
by Writer) or material inserted in the Work by Company, but shall apply to all material which
Writer may add thereto.
3. Writer is sole owner of the Property together with the title thereof and all rights granted (or
purported to be granted) to Company hereunder, and no rights in the Property have been
granted to others or impaired by Writer, except as specifed, if at all, in this Agreement. No
part of the property has been registered for copyright, published, or otherwise exploited or
agreed to be published or otherwise exploited with the knowledge or consent of Writer, or is
in the public domain. Writer does not know of any pending or threatened claim or litigation
in connection with the Property or the rights herein granted.
4. Writer shall indemnify and hold harmless Company (and its afliated companies, successors,
assigns, and the directors, ofcers, employees, agents, and representatives of the foregoing)
from any damage, loss, liability, cost, penalty, guild fee or award, or expense of any kind,
including outside attorney's fees (hereinafter “Liability”) arising out of, resulting from, based
upon or incurred because of a breach by Writer of any agreement, representation, or
warranty made by Writer hereunder. The party receiving notice of such claim, demand or
action shall promptly notify the other party thereof. The pendency of such claim, demand,
or action shall not release Company of its obligation to pay Writer sums due hereunder.
B. Company agrees to indemnify Writer and hold Writer harmless from and against any and all
damages and expenses (other than with respect to any settlement entered into without
Company's written consent) arising out of any third party claim against Writer resulting from
Company's development, production, distribution and/or exploitation of the Project.
32. NO INJUNCTIVE RELIEF:
The sole right of Writer as to any breach or alleged breach hereunder by Company shall be the
recovery of money damages, if any, and the rights herein granted by Writer shall not terminate by
reason of such breach. In no event may Writer terminate this Agreement or obtain injunctive relief
or other equitable relief with respect to any breach of Company's obligations hereunder.
33. PROFIT PARTICIPATION:
Terms to be negotiated in good faith. If the parties fail to reach agreement within [ ] months after
execution hereof, either party, upon 30 days notice to the other, may submit the matter to what is
known as a “baseball arbitration,” in which each party presents one proft proposal and the
arbitrator is required to adopt one of the two proposals. The arbitrator shall be selected and the
arbitration conducted pursuant to the Voluntary Labor Arbitration Rules of the AAA.
34. WRITING TEAMS:
In the event two (2) or more writers are named as parties hereto, the word “Writer” whenever used
herein shall be deemed to mean “Writers,” and such writers shall be treated as a unit for purposes
of compensation hereunder, and, the compensation payable hereunder shall be payable to them in
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equal shares unless they otherwise direct Company in writing signed by both such writers or unless
otherwise required by the WGA MBA. The writers signatory hereto represent and warrant that they
agree with the other in good faith (and without suggestion or direction by Company) prior to
ofering themselves for employment hereunder to collaborate as a team and that they have
obtained or will obtain any necessary WGA waivers with respect to their employment hereunder as
a team.
35. AGREEMENT OF THE PARTIES:
This document [including Attachment 1, if any] shall constitute the agreement between the parties
until modifed or amended by a subsequent writing.
BY: _________________________________________ BY: _________________________________________
[NAME OF WRITER] TITLE
CC: WGA CONTRACTS DEPARTMENT
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ATTACHMENT 1
ADDITIONAL PROVISIONS, IF ANY:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
___________________________________________________________________________
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