Paragraph 3, DELIVERY (and welcome to page 2 of the contract). Delivery isn't very exciting, it just says "time is of the essence" which is a legal term for "you can't say the dates specified weren't real deadlines." Image
Programming note: I've split the thread on purpose. For page one of the contract and the beginning of the thread go here:
The delivery clause also names the actual person you deliver to. This is usually a very senior exec or even the president of production, although as a practical matter you won't really deliver to them. I'd love to see a writer ask for the POP's email so they can properly deliver!
Paragraph 4, TERM. The term seems kind of obvious and not really important until you have two projects. Then the issue of priority comes into play. You might have heard "first position" or "second position." Big-time EPs might have multiple scripts in development.
"First position, non-exclusive" means you can do another project in lower priority and the Term defines how long you are "engaged" on each project. Okay, that's it for term, Monday is going to get really exciting because that's when we start talking about COMPENSATION!💰💰💰
I should have added: while I AM a lawyer, this isn't legal advice. And I haven't practiced law in 25 years so my understanding and discussion of the terms could be off. If you're an entertainment lawyer, please feel free to add to or correct anything I say.
Any questions so far?
Paragraph 5, PILOT SCRIPT WRITING COMPENSATION. It's the moment you've been waiting for! The guaranteed* compensation! Before I break it down, let's talk about the several money streams a series creator can potentially look forward to. *But see:
Briefly, because we'll get into this soon enough, a series creator is going to get paid separate 💰 to: WRITE the pilot (and possibly a format/bible); PRODUCE the pilot; PRODUCE each episode; WRITE the episodes they write.
Plus, there will be a SERIES PICKUP BONUS for the show getting picked up to series; a per-episode ROYALTY for creating the show; future season RENEWAL BONUSES; and BACK-END. We've got a lot to look forward to! But let's get back to Paragraph 5, the Pilot Writing Fee.
This is the fee for writing the pilot, obviously, and this is the only guaranteed (pay or play) money in the contract. It's what you probably spent the most time fighting for and it's what your "quote" is. For median and range of pilot quotes, see wga.org/members/employ…
A quick aside about quotes. It's now against the law in CA to ask for your quote (previous salary), so this complicates the negotiation somewhat. BA tends to start low and needs to be convinced that your quote is your quote so in reality it usually all works out the same.
But you will find that depending on circumstances you might make less on a subsequent deal! This deal has my fee redacted but it was my first cable pilot so my pilot fee was about half my broadcast network quote! Also depends on if you sell late in the season.
Long story short, in success you will get your quote or above on your next deal. But a lot of times you have to fight for your quote and wind up getting less! It doesn't always go up! 😭 Tomorrow, PILOT SERVICES.

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More from @DavidHSteinberg

14 Nov
This discussion of “rolling it over” reminds me of the maxim Even guaranteed money isn’t guaranteed until it’s in your bank account. And here’s why…
Long story short, when things go south they can always ask you to accept less than the guarantee, roll it over, accept 50c on the dollar etc. And as discussed above your ability to say no depends on your relationship and power.
And counterintuitively, sometimes contingent deals can be better than guaranteed ones. Here’s why: you sell a tv pitch to a studio. They offer you an if/come (contingent on selling to network) deal. Not as good as a guaranteed “sale” right?
Read 7 tweets
9 Nov
You sold a pilot! Congrats! In 2-12 months you'll have a contract (usually-- sometimes there is no contract! They pay you off a COA & only draft the agreement "if it goes"). Want to know what's in it? What's it all mean? Take a deep dive into a WRITING & EP SERVICES CONTRACT!
In this thread, I'll post pages from an actual contract (albeit an old one from 2011) and explain what it all means. New paragraphs will be discussed daily!
Let's start with the preamble. You sold the pitch to a network or streamer but oddly, your deal is with some company you never heard of before. That's their signatory company. Most big companies don't sign the WGA MBA themselves but use subsidiaries to sign the agreement.
Read 24 tweets
25 Apr
You’ve heard stories about the 100-day WGA strike in 2007-2008 that paved the way for streaming royalties. But I’m guessing you’ve never heard this story. How one heroic writer stood up to the biggest villain of the entire WGA strike. That’s right, I’m talking about Taco Bell.
The strike started on November 5, 2007, and shortly thereafter, Taco Bell decided to lend its support to the striking writers the best way it could think of: by exploiting us for free labor!
It was called the “Writers Strike Sauce Wisdom Contest.” The idea was that presumably bored writers could submit catchy slogans for the sauce packets and ten winners would receive a year’s supply of Taco Bell (retail value $260).
Read 23 tweets
26 Feb
“I think it’s ready.”
*panic*
I had just turned in my latest draft of Slackers to my agent @JewerlRoss on Thursday, September 9, 1999, and I’m ready for more notes. Something like, “Can you make it funnier?” which was his main note on the last draft.
So when I get the call Monday morning telling me it’s ready to “go out to the town,” I’m *really* not ready for what’s about to happen. Sure, Jewerl had sent out my last spec just a few months back, but this script feels different.
Read 63 tweets
20 Jul 20
I haven't done a tv arbitration like that but I can give a bit more info about why tv credits are even more complicated!
Pilot arbitrations determine "created by" which trigger (per episode) royalties and backend (in addition to residuals) and can happen if there are multiple writers. But episode arbitration is rare for one main reason: the showrunner.
The showrunner assigns the script to a writer on staff or a freelance writer. That person gets the WGA minimum fee for that medium and length (network hour is highest, low budget SVOD 1/2 hour is much lower).
Read 20 tweets
20 Jul 20
No, no WGA signatory company can “screw the writer” since credit are determined by the WGA. The companies must abide by the credit rules and when there’s more than one writer vying it does to arbitration (unless they agree). It’s quite complicated but allow me to explain!
I’ve been an arbiter dozens of times and even the arbiters get confused. I’m going to first break down how it works and then explain why it matters.
First of all there are a lot of confusing terms but basically as others have correctly stated a full writing credit is called “written by” and it consists of 2 parts, “story” and “screenplay” (in tv screenplay is called “teleplay”). 1 writer could get story & another screenplay.
Read 16 tweets

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