Best Practice Guide Version 1, August 2021
Best Practice Guide Version 1, August 2021
Best Practice Guide Version 1, August 2021
PRACTICE
GUIDE
A guide for screenwriters and
producers working together.
We have attempted to include all the ways screenwriters and producers engage with
each other and offer recommendations for best practice in each of these scenarios.
Conversations will differ depending on the projects or partnerships and the extent of
each person’s involvement. So, ensure everything is discussed and mutually agreed upon
up front.
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WRITERS APPROACHING PRODUCERS
Writers need to research producers and production companies that are making the types
of work that best fit with their ideas. Funding round decisions are a good place to start,
as is watching and listening to work that is being made in New Zealand. Alternatively,
look at the Membership List on SPADA’s website.
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EXPECTATIONS & NO SURPRISES POLICY
Think ahead and ask each other at the beginning: how does each person define 'success'
for the project, and what are the barriers to success? We recommend agreeing to a No
Surprises Policy, where all potential barriers are identified and discussed as far in
advance as possible.
COMMUNICATION
Good creative collaborations rely on good communication. Commit to staying in contact
throughout all stages of development, production, completion, and delivery of the
project. Ensure that communication pathways are clear – keep updated contact details
and decide on who will contact whom.
Organise in advance:
How much communication, and about which elements of the collaboration, will be
required at each stage of the project.
Schedules and deliverables, ensure these are mutually discussed and agreed prior to
work commencing.
What happens if there is a break in communication, how will this be resolved?
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COPYRIGHTS & CREDITS
This is a vital part of initial conversations in constructing healthy, long-lasting creative
collaborations. All contributors in development need to have a clear understanding
about Intellectual Property (IP) creation, rights to underlying materials, and authorial
rights.
without appropriate
acknowledgement, creative
partners can become invisible
It is important to note:
Writers own copyright, moral rights, and licencing rights to the material they have
originally written.
A producer can option the rights for development, but they do not own these rights
until they are assigned.
Rights agreements covering work created by all parties need to be established and
agreed in advance of any work commencing.
These agreements should be in writing.
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CHAIN OF TITLE
Chain of Title (CoT) is the legal term covering all rights agreements of copyright holders
linked to the works, from creation through to distribution. Examples of these types of
agreements can be creator’s rights, writer’s rights, music rights, life rights, adaptation
rights, and performers rights.
Depending on the format of the project (TV, Feature Film, Web series, etc) there can be
multiple agreements that make up the rights and writer’s portions of the CoT.
AGREEMENT BASICS
There are some agreement basics that must be included in any rights agreements. These
must be agreed upon in writing by the producer and writer prior to any work
commencing.
Keep all contract negotiations respectful through fair and transparent dealings.
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AGREEMENT BASICS
Rights agreements should include a Non-Disclosure Agreement(s) (NDA’s) – these
agreements set out the binding confidentiality measures to be agreed to. Sometimes
they include binding confidentiality about the project in its entirety or in part (i.e.
agreements, people, and processes).
When presented with any agreement, all parties have the right to:
Seek advice
Time to seek advice
Negotiate
Say no
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DEFINING ROLES
Decide together on the definition of every role, its responsibilities, and expectations,
before the process starts. Disputes occur because people have different ideas about
what their role entails and what is expected of them.
Make sure everyone understands who oversees what and be as detailed as possible.
Writers and producers should also respect each other’s process and parameters.
ROLES IN COLLABORATION
These roles differ depending on the format of the work and the creative collaboration
team structure.
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TE TIRITI O WAITANGI & TANGATA
WHENUA, INCLUSIVITY
TE TIRITI O WAITANGI & TANGATA WHENUA
The principles of Te Tiriti o Waitangi provide the framework for how producers and
writers will meet their obligations under Te Tiriti in day-to-day work.
For more detailed information about creative collaborations involving Māori key
creatives and / or Māori content and themes, please refer to Urutahi Koataata Māori, a
guide to working with the Māori screen industry published by New Zealand Film
Commission and Ngā Aho Whakaari.
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INCLUSIVITY
When telling stories that are considered culturally specific or diverse, it is essential to
be inclusive, aware, and respectful of all people, experiences, and practices, throughout
the creative collaboration process. This could include working with people of diverse
ethnicity, gender, sexuality, age, location, physical and neurological ability.
Some key questions to ask and points to consider before starting development on work
that would be considered diverse, niche, or culturally specific:
Why do you want to write and produce this story?
Do you have authority or permission to speak, write, record, or represent certain
people, cultures, or experiences?
Do you have appropriate cultural advisors to work with?
Could this story cause harm to certain people or cultures?
Aim to challenge the status quo of gender and ethnic inequality, and ensure that
there are strong character and production roles for all peoples.
Create a commitment to authenticity, accuracy and respect of cultures, identities,
experiences, and practices.
Honour other people’s areas of expertise.
To tell stories about another person or culture requires consent and consultation.
Consent is a process whereby permission is given, based on a relationship of trust.
Consultation is the process of working together, exchanging views, information,
knowledge, and opinions.
Stories, myths, legends, songs, dances, and other cultural expressions may not
necessarily be in the public domain, even if previously portrayed in books or films.
These may be taonga of specific groups such as families, clans, or tribes. Permission to
use any of these representations is required. This may take additional time and budget,
plan for this as part of the development process, and before applying for funding or
seeking other attachments.
A cultural advisor is a person with cultural competency and authority to provide advice.
They would ideally have experience in the screen industry, and expertise in writing
assessments and providing feedback. Your consultants can provide specific advice on
how to connect and work with individuals and communities. Budget for cultural advisors
at rates comparable to other technical advisors.
When considering a partnership with people from cultures represented in a project, here
are some key questions to consider:
Who makes creative decisions?
Who has final authority over the content?
Who receives economic benefit and how is profit shared?
Ensure fair remuneration for all cultural advisors.
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PROCESSES & DEVELOPMENT
Following are some of the processes and development tools within creative
collaborations, and ways to ensure they are beneficial for the growth of both the
collaborations and the projects.
DEVELOPMENT
Collaborators should engage in creative dialogue from the outset to ensure everyone
agrees on the intent of the story being told.
Establish clear protocols about script and story development. Parameters should be
set regarding the sharing of ideas and notes with the screenwriter(s) on all written
materials throughout the development process.
Schedules and deliverables should be established through contracting, and agreed by
all parties around delivery, notes, and re-writes.
Collaborators should mutually agree on the process for input on all writing elements
from script consultants, editors, and others providing script notes.
PROPOSAL MATERIALS
Proposal materials are the foundational documents used in funding applications, pitches
to broadcasters, platforms, sales agents, and other commercial entities. Proposal
materials include, but are not limited to: treatments, pitch decks, series bibles, and
sometimes sample scripts.
Television and feature film formats require different materials to receive development
support and funding. Writers and producers must agree about the purpose of creating
any proposal materials, who they are for and what is required.
There should be remuneration to the creators for any proposal materials created, and
this must be agreed to prior to creating and writing.
Both parties need to formally agree on the ownership (copyright) structure for the
life of the developed materials.
Copyright of the materials remains with the author if the idea originated from the
writer. If further development is not pursued the writer may utilise the materials for
other purposes.
Ownership of the idea and future use, needs to be mutually agreed well before the
material writing occurs.
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TABLE READS
The main purpose of a table read is for the benefit of the script and for the writer to
further develop that script. Protocols need to be followed to ensure it runs smoothly, the
expectations and goals of the writer and producer should be discussed before the
reading.
WORKSHOPS
Depending on the work and the time at which the workshop takes place, a development
workshop can mean different things. As with a Table Read, it is for the benefit of the
story and the script, and for the writer to further develop the story into the script.
Producers and writers should discuss if and how a workshop is useful, and what they
expect to gain from it.
The timing of the workshop should be carefully considered to ensure it is as useful
as it can be – e.g. Is it too late to make any changes to the script that the workshop
generates?
As soon as possible after the workshop, writers should inform the producer of any
significant changes in the works – character, structure, tone etc. A timeline should
then be agreed for delivery of any re-writes.
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PROFESSIONAL DEVELOPMENT TOOLS
There are a variety of professional development tools to progress the story and script
through funded development, following are some of those elements.
MENTORING
Mentoring can come in many forms but should always be professional and related to the
pursuit of healthy and sustainable craft and good business practice. Mentoring is viewed
as an independent relationship in which the mentor advises the mentee. Mentoring may,
but will not necessarily, include career, process, script advice, and life coaching.
Mentor and mentee should have an initial meeting to decide if they both want to
take the relationship forward before committing to the mentorship.
Both parties should begin with a clear sense of how they will work together and
what outcome they are aiming for.
Ensure a Confidentiality Agreement is in place between the parties, that covers the
material and any payment for mentoring services.
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EARLY DEVELOPMENT FUNDING
Early development funding is offered in a range of places and at different levels of
support, depending on the format and project requirements.
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OTHER WORKING ARRANGEMENTS &
FORMATS
Below are some other formats and areas of work where creative collaboration can
blossom. Best practice principles apply to these formats and scenarios.
To protect all parties, producing and funding partners say no to unsolicited materials
primarily for copyright reasons. However, most production companies and funders will
have general submission processes for how they would accept these materials, either
through Request for Proposals (RFPs) or funding rounds.
PITCHING TO MARKET
Once the project is ready for pitching to the wider market (broadcasters, funders, sales
agents etc.) the writers and producers are encouraged to go back to the original guiding
communication that formed the creative collaboration. Ensure everyone is telling the
same story and speaking to the same audience and that the format, scale, and market,
are aligned for all parties on the project.
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ADAPTATIONS & TRANSLATIONS
Unless the original work is out of copyright, adaptations and translations always require
permission from the originating authors, their agent or estate. This should be
investigated before any work happens. Be aware that permission may not be granted to
utilise the underlying material, no matter what stage the adaptation is at, either
development or quality-wise.
Be clear on who has the responsibility of looking into and acquiring copyright
permissions, prior to any work commencing.
Ensure all copyright licences and assignments are confirmed in a written agreement
prior to any adaptation, or translation work commencing. These agreements should
cover credits, fees, and any profit share.
The writer and producer should be clear with the originating author or estate /
literary agent about the intention of the adaptation, how faithful, or not, to the
original the new work will be.
Originating authors, estates, or literary agents, may require sign off on the shoot
script prior to filming commencing.
ANTHOLOGY WORKS
An anthology work consists of a collection of shorter works, sometimes around a
selected theme, created by several different writers and/or makers.
Writers invited to write for an anthology project should negotiate with the director
and producer whether their script is to be presented as a discrete entity or intercut
with other scripts.
Writers and producers should be clear on the process, expectations, financial
arrangements, copyright, credits, and other parameters of the project before
commencing e.g. cast size, length, the number of writers and directors involved, what
script consultant and dramaturgical support is attached.
Writers should ensure that they have an individual contract for their script and that
it covers their right to approve changes, credits, fees, percentage of profits, viewing
of edits at specified stages, and right to remove their name.
Writers should know up front how many writers are involved in the project and who
they are and ensure they have a right of notification and approval of any changes
beyond the initial agreement.
Writers should be clear, before commencing, on whether the project can be licensed
or assigned in the future separate to the full collection.
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ABOUT
NEW ZEALAND WRITERS GUILD SCREEN PRODUCTION AND
PUNI TAATUHI O AOTEAROA DEVELOPMENT ASSOCIATION
OF NEW ZEALAND
New Zealand Writers Guild Incorporated - The Screen Production and Development
Puni Taatuhi o Aotearoa (NZWG) is the Association of New Zealand (SPADA) is the
professional association and registered professional membership association of
trade union of New Zealand script writers, New Zealand screen producers, established
established in 1975. in 1982.
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ACKNOWLEDGEMENTS
NZWG and SPADA would like to thank everyone who has contributed their time,
knowledge, and expertise to this document, including:
Andrew Gunn, Irene Gardiner, Karin Williams, Rachel Lang MNZM, Alice Shearman, Ness
Simons and Sandy Gildea.
Hineani Melbourne – Ngā Aho Whakaari, Marc Laureano – Pan-Asian Screen Collective,
Eloise Veber - Proud Voices on Screen.
Murray Lynch ONZM – Playmarket, for their permission to include material from the
Playmarket Guidelines Series 02 Working Together: Theatre Producers, Writers and Makers in
the creation of this Best Practice Guide for Screenwriters and Producers.
New Zealand Film Commission – for their financial support to create this guide from the
Screen Sector Capability Fund. The fund supports the New Zealand screen sector to
develop the business and technical capability to meet the challenges of a COVID-19 and
post COVID-19 environment and is part of the New Zealand Government’s Screen Sector
Recovery package.