Welcome back to my deep dive into a Writing & EP Services Contract and welcome to page 3. Paragraph 6, PILOT SERVICES. Networks that make pilots will have a separate provision for your producing services of the pilot episode which may be more or less money that your episodic fee. Image
(Link back to the first page of this thread)
Producing a pilot is hard! But thankfully you get paid to do it because you're a producer now! Note that you are pay or played (in this contract) if you wrote the pilot on your own (or people did minor punch up/polish work).
But if you got rewritten you may still be called in to EP the pilot, but now at it's the network's option, not your guarantee. Note also how much time is spent rehashing your term of commitment. They do NOT want you taking other jobs if this goes! Next up, SERIES SALE BONUS.
Paragraph 7, SERIES SALES BONUS. This is kind of self-explanatory: If they order the series you get a bonus. This is often equal to your pilot producing fee but sometimes significantly more (esp. w a network that doesn't make pilots). If you share pilot credit you get 1/2 bonus.
But wait! Sure if Netflix orders a series you just make the series and you get the series sales bonus. But what about broadcast and cable where a series order can get cut short or cancelled? Welcome to page 4. Image
They may condition the bonus on a certain number of produced episodes (in this case 12) and if you make fewer you get a prorated amount. And in those cases the bonus is paid out in steps. Next up, SERIES SERVICES.
Paragraph 8, SERIES SERVICES. This is where the real money is! Your episodic quote! Maybe a first-time EP might "only" get 20 or 25k per episode, but that will quickly become 30k, 35k, and showrunners will make 40k or a LOT more... PER EPISODE. This is for producing.
You still get paid to write episodes you assign to yourself (usually at scale but still). And you still get your per episode royalty for creating the show (more on that later).
Note that in this deal the subsequent years give 5% bumps. That's fairly typical, though you will also see deals where the years are spelled out (25k for s1, 30k for s2, 35k for s3, etc.). You won't see much beyond s3 because that's when an EP in success RENEGOTIATES.
This is also where you will see the all-important Consulting Services. This is sort of your golden parachute. You put in three years as EP and now you're big time so you go sell some other show and go work on that one. They still pay you a Consulting Fee per episode.
It might only be 5k or 7.5k or 10k (could be more) but this is sort of Emeritus status. Now they'll say this is for meaningful consulting (attending table reads, run throughs, etc.) but I'm not sure that EPs providing consulting services really do anything. (Any EPs who've...
...been there, please let me know if it's a real job or just free money!) LINGO ALERT: The episodic producing fees are sometimes called the "inside numbers" by BA. Monday, we'll talk about an area I find interesting but no one else does: ARTICLE 14 of the MBA. Stay tuned!
Here it is, folks! The discussion you've been waiting for... ARTICLE 14!

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More from @DavidHSteinberg

22 Nov
Welcome back to our deep dive into your EP and Writing Services Contract for that show you sold! We're on page 5 and today we'll be discussing ARTICLE 14! This doesn't seem like fun one, but honestly it's the most important discussion of the whole contract. Trust me. Image
First of all, we need to know what Article 14 is being contrasted with and big surprise, it’s Article 13! Article 13 of the Minimum Basic Agreement (MBA) deals with compensation in general, and 13B deals with television compensation...
Read 28 tweets
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
12 Nov
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!
Read 14 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

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