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?
Usually yes. A sale is pay or play and that’s better than if/come. But often you’ll get a bump on your quote on an if/come because you’re taking a risk. So they compensate you for agreeing to contingencies. You sell it to the network your deal becomes pay or play and you get >$.
What happens on your guaranteed studio sale if it doesn’t sell to the network? Maybe they’ll let you write it “on spec” and you get paid. Maybe they say roll it over. Either way you’re kind of in trouble because the network already passed.
So sometimes the if/come isn’t so bad because in success you make more money and in failure the guaranteed deal becomes not guaranteed and/or a quagmire. Sometimes.
Also a failed if/come disappears and you can retool and pitch/sell it in the future. A sale to a studio where no network bites effectively kills your project forever.
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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."
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!
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.
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).
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.
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).
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.