Animation Contract Guidelines

Transcription

1 1 Animation Contract Guidelines Introduction Now that the Independent Production Agreement ( IPA ) is in place, the WGC is offering the following guidelines to animation writers and their agents to assist them with negotiating their contracts. These contract guidelines are the result of extensive statistical gathering and analysis of hundreds of WGC Animation contracts from 2006, and consultation with experienced WGC staff who deal with animation contract issues. In the IPA Animation Section, the writer and producer negotiate the applicable fee for each script. Since writers and agents frequently ask for some assistance in determining the appropriate fees, until such time as minimum fees for animation are agreed on in future collective bargaining, the following will serve as the Guild s guidelines for individual negotiations. If all writers begin negotiating to these rates (or better!) as a minimum standard, it will reduce the current very wide spread in animation script fees. It means more writers will be making similar amounts for the same work (i.e. a half-hour script) and will help the WGC to argue for minimums when we bargain the next IPA. We will be able to say, These are the rates that Animation writers are consistently working for and producers are already paying. There s no reason not to enshrine them in the agreement. Apart from rates, there are other items in the Animation Section that require your or your agent s attention. They will also be addressed below and are just as important both to you and the way you work, and to all Animation writers collectively, when the WGC can go to the bargaining table and say these are the terms writers are working for, and the animation producers consistently agree to them. Should you or your agent wish to depart significantly from the guidelines please consult with the Guild. 1. Rates Payment for delivery of material plus use a) Scripts The following are suggested rates for scripts of different standard lengths, based on statistical data gathered by WGC staff from all animation contracts issued under the

2 2 IPA in This is considered a fee for all use, unless you negotiate differently in your own contract. Script Length 30 minutes 15 minutes 10 minutes Special (45 to 60 mins) Feature (75 mins +) median $7,500 $3,750 $3,000 $25,000 $55,230 high $56,000 $8,500 $3,750 $31,000 $70,000 b) Bibles Bible (30 min) median $5,000 high $6,500 In negotiating your bible contract (or script contract, though this is less common), don t forget to think about these other items, even if the bible contract doesn t fall under the IPA: i) guaranteed engagement as showrunner or in the story department, and a guaranteed number of episodes to write. ii) if you are creating the characters rather than developing a show from an existing book, toy, or other property, a consideration for the merchandising based on those characters. iii) a merchandising royalty if you re contributing original elements to a show based on an existing property (i.e. storybooks based on your scripts). iv) a series or character royalty payable to you for every produced episode of the series based on your bible or characters (this is often a flat amount, rather than a percentage of revenues). Even a royalty of $1,000 an episode can really add up over the life of a series. v) A format royalty if the format of your show is used to create another show specific to another country, but in the model of your show. vi) your entitlement to a Created by or Developed for television by credit on every episode. 2. Writing Credits All of the credit terms and forms of credit used in the live-action IPA (i.e. Written by or Story by combined with Teleplay by, etc.) now also apply in the Animation Section. Advise the WGC promptly if you encounter any variation from these regulated credits.

3 3 3. Animation Copyright One of the major gains in the CFTPA and APFTQ IPAs was the retention of copyright in the Animation Script. Previously, in the IPA (the first to cover animation) the Animation writer gave up copyright in their script material to the Producer, but that is no longer the case. The producer does not need copyright in the script to make and market the production. It s important for you to keep copyright because many secondary use monies require the writer keeping copyright in their script in order to get these monies. The parties at the bargaining table agreed to the writer s retention of copyright in the Animation Section in Article 801. Article 801 in the IPA reads: 801 The Producer acknowledges that the Animation Writer is the owner of copyright in the Script Material. That is a minimum term of the agreement, and like any minimum term, cannot be waived. (See Article 108 of the Animation Section.) Even under the new IPA, however, you may still see a draft contract with the copyright in the script being assigned to the producer. This may be due to production companies continuing to use their old contract templates, for whatever reason. Do not sign any animation contracts with an assignment of copyright. It is, in effect, signing for less than a minimum term (a violation of WGC working rules on the member s part), and the WGC then has to attempt to get the producer to amend the contract. This is much more difficult to pursue after the fact than if the clause were not in the contract in the first place. It is also important for the collection of secondary use monies that the copyright be retained in the contract, rather than relying on the IPA will override it if the producer does not comply with amending the contract. Article 803 in the Animation Section Article 803 of the Animation Section reads: 803 Nothing in this Section limits the Animation Writer and Producer from negotiating alternative division of rights with respect to copyright in the Script Material to that described in 802 above. Some producers have attempted to use Article 803 to take back the copyright that has been retained by the writer in Article 801. However, Article 803 does not modify

4 4 Article 801 in which the writer keeps copyright, only Article 802. Article 802 is the clause that speaks to the licensing (not an assignment) of copyright to the producer. Therefore, Article 803 can only be used for an alternative division of licensing of copyright, not ownership of copyright. It may be used, for example, to reserve certain additional rights for the writer, rather than grant the broad range of rights that are currently licensed in 802. Such an alternative division of rights would constitute more favorable terms for the writer than the minimum terms, and is allowed under the IPA. Watch all draft contracts for the use of Article 803 to take the copyright in the script for the producer, and do not sign contracts with these terms. Most producers are not attempting this, however the odd producer still might. In the IPA, the copyright provisions of the Animation Section are reinforced by Article 807 which speaks to Secondary Use Payments, and ends with: and the Animation Writer shall retain copyright in the Script Material for such purpose. The Canadian Screenwriters Collection Society (CSCS) collects secondary use monies on behalf of screenwriters and we encourage all WGC members to join CSCS in order to receive any monies due to them. There is more information on CSCS at this link: 4. Story Editing The vast majority of Animation Story Editing contracts provide fees per episode. This is not as much the case in live-action, where Story Editing contracts are more frequently for fees paid per week or day. Fees by the episode mean that the Story Editor could spend weeks rewriting one episode (with endless notes constantly coming in from multiple co-producers or broadcasters, since animation is frequently internationally co-produced and pre-licensed to many outlets). And for all this work, the Story Editor receives the one per-episode story editing fee, instead of additional fees for the additional weeks you have to work on the script. This practice harks back to the days of payment on acceptance thinking, before Animation came under the IPA. Seriously consider negotiating your Story Editing contracts with a time-based fee (weekly, or even daily, if it s a short-term gig) rather than an episode-based one.

5 5 5. Digital Content (webisodes, mobisodes, etc.) Additional script material you write for the internet or cellphones, or other digital use should be covered by an additional contract. Fees in this area remain negotiable. Consider negotiating a first right to be engaged for such additional material. Animated digital content defaults to the Animation Section, as opposed to Section F Digital Production. The Digital Guidelines developed by the WGC can still be used as a guide to negotiating rates for this work, even though it may be animated. Contact the WGC if you haven t received a copy, or find them at 7. Signatory Status Remember that production companies become signatory to the IPA on a per-project basis. Check with the WGC office before you sign your contract to make sure that the producer has signed on for your show. Otherwise, you may be signing a nonunion contract, which is a violation of your WGC membership. 8. Non-members Agents representing animation writers are reminded that non-members hired by a signatory producer also fall under the IPA now, along with members. As always, if you have any questions, please don t hesitate to contact the appropriate agreement administrator, or Laurie Channer, or Christine Rutherford at the WGC. Writers Guild of Canada 366 Adelaide St. West, Toronto, ON M5V 1R9 Canada or (416)