Members
The following is a ready reference for writers and staff members who propose writing credits, prepare and submit Notices of Tentative Writing Credits (“NTWCs”) to the Guild for Guild signatory production companies, and gather materials for credit arbitrations on episodic series and movies-of-the-week (“MOWs”). It addresses many of the questions and issues which may arise with respect to writing credits in television.
For your convenience, we have cross-referenced provisions of the Theatrical and Television Basic Agreement (“MBA”) from Television Schedule A (“TVSA”), which governs episodic television and MOWs, Television Schedule C (“TVSC”), which governs comedy/variety, daytime, and children’s programs, the Sideletter on Literary Material Written for Programs Made for New Media (“NMS), which applies high budget subscription video-on-demand programs, and the Television Credits and Separated Rights Manuals (“TVCM” and “SRM”).
This is not intended to, and it does not, replace the MBA, the TVCM or SRM.
(TVSA, ¶¶10 – 17; NMS ¶4.f.)
The NTWC is one of the most important documents a writer will receive. It serves several important functions for the Guild, the writer, and the Company. It is therefore imperative that the NTWC is properly completed and sent to the participating writers and the Guild. For television (including basic cable and pay television) and high budget subscription video-on-demand projects, the NTWC forms can be found on the Guild’s website at the following links:
A sample of the NTWC is attached.
It is important to understand the purpose of the NTWC. For the Company, the filing of the NTWC sets in motion the mechanism for determination of credits so that the credits can be finalized in a timely fashion. From the writer’s perspective, the NTWC advises of the proposed credit and the deadline to register a protest of such credits or to elect to use a pseudonym.
For the Guild, the NTWC offers an opportunity to ensure that the proposed writing credit and any and all source material credit comply with the mandates of the MBA and Guild policy. The NTWC also advises the Guild of the participating writers and production executives on a given project and sets forth the information needed to determine whether the automatic arbitration provisions of the MBA are triggered by the proposed credits.
1. The NTWC
(Form, TVSA, ¶25.)
The NTWC must be submitted to the Guild and to all participating writers as soon as practicable following completion of principal photography.
(TVSA, ¶11.)
Before submitting the NTWC to the Guild and to the participating writers, check to ensure that you have done the following (the applicable areas are indicated on the attached forms):
A. List the date on which the NTWC is sent to the Guild and the participating writers. The NTWC should be sent to the Guild and the participating writers concurrently. Remember: this is the date on which you actually send the NTWC out to the recipients as opposed to the date on which the NTWC is prepared.
B. List the names and addresses of all participating writers at the top of the NTWC. (TVSA, ¶10; TVCM, pg. 7.) Remember: you must list the names of all participating writers, even if they are not proposed for credit.
A “participating writer” is a writer who has participated in the writing of the teleplay or a writer who has been employed by the Company on the story and/or teleplay or a “professional writer” who has sold or licensed literary material subject to the MBA. (See Article 1.C.1.a. of the MBA for the definition of a “professional writer.”) If you have a question regarding who should be listed as a participating writer, contact the Guild as soon as possible after you become aware of the issue and the Guild may conduct a Participating Writer Investigation. In the case of a remake of a motion picture that was produced under the Guild’s jurisdiction, the credited writers of the original motion picture must be included as participating writers on the NTWC. If you have a question regarding who should be listed as a participating writer, contact the Guild as soon as possible after you become aware of the issue and the Guild may conduct a Participating Writer Investigation.
Note: the NTWC must be sent to the writer unless they have a contract provision directing the Company to send the NTWC to an agent and/ or other designated representative(s). Also, the NTWC must be sent via Certified Mail/Return Receipt Requested, messenger, or some other independently verifiable means. (TVSA, ¶¶ 12 and 16.) The NTWC may be sent to a participating writer via EMAIL only if the writer’s representative is also given email notice and only if the writer’s personal services contract includes all of the following: (a) the writer’s express agreement to receive notices by email; (b) the writer’s email address; and (c) the email address of the writer’s designated personal representative, which address must be an individual address and not a general company address. (TVSA, ¶¶ 12 and 16.)
C. List the name of the series or program, episode title (if applicable), and production number. In the case of a pilot or MOW, be sure to list the length of the program and the network or streaming service.
D. List the name of the production company and the names of all production executives on the program. Remember: this includes all producers, the director, story editors, etc.
E. List the names of all Staff Writers. Note that if any Staff Writer is credited, all Staff Writers must be credited. In addition, any Staff Writer who performed writing services on the program or episode in question (including breaking the story) must be credited as such, even if they are no longer on the program at the time the NTWC was submitted.
F. List the proposed on-screen writing credit. Be sure to include the form of credit (e.g., “Written by”, “Teleplay by”, etc.). (TVSA, ¶¶1 – 2; TVCM, pp. 23–27.) Be sure the credit is in the correct order, as it will appear on screen. (TVSA, ¶7.) Remember: in television, “teleplay” credit always precedes “story” credit.
Writers may only be credited in the manner set forth in the MBA. For example, combining credit in the form “Produced and Directed by” violates the placement provisions of TVSA, ¶7.
Note: on a program governed by TVSC (e.g., comedy/variety and children’s programs), any writer who furnishes literary material is entitled to on-screen writing credit. This is so even if the writer’s material is not used. (TVSC, ¶1.a.)
Note: an ampersand (“&”) is used between the names of writers who worked as a team on the program in question. The word “and” is used between the names of writers who did not work as a team. A “team” is defined as “two [or more] writers who have been assigned at about the same time to the same material and who work together for approximately the same length of time on the material.” (TVCM, pp. 3–4.) Writers who perform services as defined above are a team for credits purposes on the program even if the writers do not regularly write as a bona fide team.
G. In the case of an episodic series, include the specific source material, if any, on which the episode is based. This may be the same or different from the source material on which the series is based. (For example, while the series A Game of Thrones, was based on the Song of Ice and Fire series of novels by George R.R. Martin, the episodes in each season were based on a specific novel within the series.)
H. Include any series source material or source material on which an individual program is based (e.g., “Based on the Novel by”) on the NTWC. (TVSA, ¶¶2, 11.) Note that, generally, the word “Novel” is used to denote a work of fiction and the word “Book” is used to denote a work of non-fiction.
I. Include any continuing credit (e.g., “Created by,” “Developed by”) on the NTWC. (TVSA, ¶23.)
J. Send a copy of the final shooting script to all participating writers, including those who are not proposed for credit. (Article 13.B.8.f.)
K. Properly calculate the date on which the proposed credits become final absent a protest. (TVSA, ¶13.) Remember: generally, the credits become final seven business days from the date the NTWC is sent to the Guild and the participating writers; this time may be shortened to three business days if a good faith emergency exists requiring an earlier determination and it is requested on the NTWC. If the automatic arbitration provisions apply, “Automatic Arbitration” should be written in place of a final date.
Note: In the event the NTWC must be revised, the final date must be recalculated from the new date of dispatch of the NTWC and the revised NTWC must be properly delivered to all participating writers.
L. Make sure the NTWC is signed by an authorized representative of the Company. Also, legibly print the name of the representative and provide the name, address, and telephone number of the company submitting the NTWC, which should be the company that is signatory to the MBA.
2. Team Writing
TEAM WAIVERS: This is required for a writing team of more than 3 people. (See TVSA ¶3 defining “team” and Article 13.B.1.b of the MBA.) Waivers must be requested and approved in advance of services being performed. Contact the Contracts Department at (323) 782-4508 or via email to request a team waiver.
PRODUCTION EXECUTVE/NON-PRODUCTION EXECUTIVE TEAMS: Although the MBA prohibits writing by a team comprised of a production executive and a non-production executive writer (see TVSA ¶3), the Guild permits such collaborations if certain conditions are met. Specifically, for team writing involving a production executive and a non-production executive writer, certain forms must be submitted, and their terms complied with, either prior to, or in connection with, the NTWC. These include the following:
a. APPLICATION TO COLLABORATE: The Application to Collaborate should be submitted to the Guild before commencement of writing by the team. (TVCM, pg. 2.) A sample of the Application to Collaborate is attached. Remember: “production executive” includes all producers, the director, story editors, etc. Non-production executive writers include staff writers, but do not include story editors.
b. CERTIFICATE OF COMPLIANCE: The Certificate of Compliance should be submitted to the Guild upon completion of writing by the team. A sample of the Certificate of Compliance is attached.
Generally, a credit arbitration is triggered by the timely receipt of a protest by a participating writer or the Guild. (TVSA, ¶14; TVCM, pg. 4–5). In the following situations, the MBA provides for automatic credit arbitration:
1. When a production executive is proposed for writing credit and there are other non-production executive participating writers. (TVSA, ¶5; TVCM, pg. 24–25.) Remember: “production executive” includes all producers, the director, story editors, etc. Non-production executive writers include staff writers, but not story editors.
2. When a “Television Story by” credit is proposed. (TVSA, ¶2.c.; TVCM, pg. 19.)
3.When a “Developed by” credit is proposed in addition to a “Created by” credit on a series in which there are separated rights. (TVSA, ¶23.b.; TVCM, pg. 27.)
4. When three writers are proposed for “Written by” or “Teleplay by” credit. (TVSA, ¶3; TVCM, pg. 18.) (Remember: a team is considered a single writer.)
In the case of an arbitration, the following must be submitted to the Guild as soon as possible (upon receipt of a protest or concurrently with the NTWC in the case of an automatic arbitration):
1. All literary material submitted to, or acquired by, the Company by all of the participating writers and any source material. (TVSA, ¶15.) Remember: literary material includes beat sheets, outlines, stories, treatments, scripts, formats, etc. Source material includes material that has been previously exploited and any material not written under the Guild’s jurisdiction. The Company may submit either three copies of the physical literary and source material to the Guild or submit the material via email or secure file sharing service. (TVSA, ¶15.)
2. A transmittal letter which identifies each piece of literary material by author and date. A sample transmittal letter is attached.
For a description of the credit determination process, please refer to pages 4–16 of the TVCM.
It is important that the cover pages on all literary material comply with the provisions of the MBA. The provision covering names on literary material is Article 37 of the MBA which provides in relevant part as follows:
Upon commencement of pre-production, Company shall place the name of the initial writer on literary material written hereunder, following which the word “revisions” shall precede the names of all subsequent writers.
A sample of the proper form for cover pages is attached.
Correct format for the cover pages on literary material alleviates disputes over material during the arbitration process. As set forth above, Guild rules require that until the final determination of credits, the cover page of each piece of material must include the name of the first writer on the project followed by the word "revisions" and then the names of all subsequent writers. The contributions of a subsequent writer are indicated by putting the words "current revisions by" followed by the writer’s name and the date the material is submitted to the Company.
It is crucial that the cover page of each piece of literary material accurately reflects 1) the prior writers on the project and 2) the writer who is responsible for the changes in that specific document (i.e., “current revisions by”), regardless of how insignificant the changes are. Accordingly, do not remove the names of earlier writers, even if you believe that not one word of their material remains in the current draft.
Remember: The cover page is NOT a statement of authorship of the project or an assessment of writing credit. Rather, it is a means of tracking who the writers on a project are and which writer is responsible for the changes in each draft, no matter how extensive or how minor. The final credits will be determined by the Guild at the end of production.
In the following situations, a waiver is required from the Guild before a particular credit can be accorded:
1. On made-for-television or HBSVOD movies, “Screenplay by” credit may be accorded on screen in lieu of “Teleplay by” credit.
2. On Television Schedule C shows only (e.g., comedy/variety) shows only, for “Writing Supervised by” or “Special Material [written] by” credits. (TVSC, ¶2.a.(4).)
If you require a credit waiver, please contact the Credits Department at (323) 783-4528 or via email to request one. As set forth above, a waiver must be requested from the Contracts Department at (323) 782-4508 or via email for a writing team of more than 3 persons.
The following general rules govern the on-screen placement of writing credits:
1. The writing credit, in general, must appear on a separate card contiguous to the credit to the director. (TVSA, ¶7.c.) Alternatively, the writing credit may appear on the same card as, or a separate card immediately contiguous to, the card with the title of the episode or program. (TVSA, ¶¶7.a. and 7.b.) No other placement of the writing credit is permitted without a Guild waiver.
2. The “Teleplay by” credit always precedes the “Story by” credit. (TVSA, ¶7.) The teleplay and story credits may be on either the same card or separate cards.
3. The “Created by” credit (or variations thereof such as “Created for Television by”) must appear on a separate card contiguous to the writing credit. With the writer’s written permission, the “Created by” credit may appear on a separate card immediately following the main cast of actors in the main titles. (TVSA, ¶23.) No other placement of the “Created by” credit is permitted without a Guild waiver.
4. The “Developed by” credit (or variations thereof such as “Developed for Television by”) must appear on a separate card contiguous to the “Created by” credit. No other placement of the “Developed by” credit is permitted without a Guild waiver. If there is no “Created by” credit, the “Developed by” credit should be placed in accordance with the rules for placement of the “Created by” credit.
5. The writing credit generally appears in the main titles on a separate card. The MBA provides that any source material credit must be preceded by (but not necessarily immediately preceded by) the writing credit. (TVSA, ¶7.e.) Accordingly, the source material credit generally appears in the end titles. The Guild will also grant a waiver for the source material credit to precede the writing credit in the main titles. Please contact the WGAW Credits Department to request such a waiver. (See also, TVSA, ¶¶7.e.(1) & 7.e.(2) for exceptions to the rule that the writing credit precedes the source material credit.)
Of course, you should carefully review the applicable MBA provisions, including those set forth in Television Schedules C and D, to ensure proper on-screen placement of all writing credits.
We hope that the foregoing is helpful. You are encouraged to review and become familiar with MBA provisions set forth above and all of the television credits provisions, which generally can be found in Television Schedule A for episodic series and MOWs, Television Schedule C for children’s and comedy-variety programs, and Television Schedule D for documentary programs. Also, you are welcome to contact the Credits Department at (323) 782-4528 or via email if you have any questions or concerns not addressed in this handout.