Writer's Contract

Let's Talk Writer's Contracts.......

When a producer offers the writer a contract, it is essential in the first instance for the writer to gain legal representation to ensure the contract protects the client's interests and is legally binding. The writer's agent will negotiate the terms and conditions, liaising with all parties to get the best fee for the writer. If, however, the writer has no established relationship with an agent, the writer must then approach a media lawyer to draw up the contract.
It's important to remember that the producer is there for profit. They can provide the contacts and negotiate certain deals, using the script to further the deal with directors/actors/financiers etc. They also have contractual obligations within the terms of the contract.
An agent is a sales person and a ‘lawyer’ although they do have in-house lawyers. They want to obtain the best deal for the writer, of course cementing their own percentage. They will need to understand and protect the writer's interests.

In the terms of a writer's contract details include; Names, Dates, Terms, purpose of the contract, consideration, assignment, grant of rights, option, rights retained, credit, approvals, warranties and undertakings, further assurance/undertakings, confidentiality and publicity, sequels, remakes, spin off, approval, set up bonuses,  payment schedule, expenses, turnaround, governing law, dispute, arbitration, signatories.

The following link covers contracting details which may be of some use.

http://writerscontracts.com/the-contracts/freelance-writers-contract/

Protecting the rights of the writer...The Copyright, Design and Patents Act, 1988.

The UK Copyright Law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions, rights to control the ways in which their material may be used. (Source: Copyright Witness Ltd. 2000-2012. Available from: http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law. Accessed: 08/12/2012)

For The Copyright Law guidelines please click on the following link. I also attach useful links to the UK copyright factsheet and to the PACT association - representatives of independent media companies. 

http://www.copyrightservice.co.uk/copyright/p03_copyright_notices

www.legislation.gov.uk/ukpga/1988/48

http://www.pact.co.uk/about-us/

References:

Legislation.gov.uk. Copyright, Degign and Patents Act 1988. Available from: www.legislation.gov.uk. [Accessed 08/12/2012]

London Screenwriter’s Festival.  2011. Writer’s Guild Advice on Collaborative Writing. Available at: http://www.youtube.com/watch?feature=player_embedded&v=mBKhHAY8Njs#! [Accessed 08/12/2012]

Pact. 2011. Representing UK independent content. Available at: http://www.pact.co.uk. [Accessed 08/12/12]

The UK Copyright Service. 2009. Using copyright Notices. Available at: http://www.copyrightservice.co.uk [Accessed 10/12/2012]

Writer’s Contract.com. Date unknown. Freelance Writer’s Contract. Available at: http://writerscontracts.com  [Accessed: 10/12/2012]