The Check Isn't in the Mail

From screenwriters to journalists, writers should be wary, well-prepared and aware of what they're signing. Following is a partial reprint of an Aug. 10, 2000 article by this reporter that ran on now-defunct Office.com, a CBS/Winstar site. .....

"New writers are always taken advantage of, (but) if a studio thinks, 'Oh, this is the golden goose,' they're not going to kill you." — Midori Mahl, entertainment attorney, Midori Mahl & Associates

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Negotiating for fair pay is not necessarily a natural born skill for many writers. But those who don't develop these muscles are prey for sharks in the business — unscrupulous publishers, production companies and studios.

"You need to develop a radar about what is out there," says Richard A. Marini, who, as VP, is in charge of contracts for the New York-based American Society of Journalists and Authors. "Ninety-nine percent of the time, (bad) things are not going to happen, but it can get a little dicey."

Los Angeles-based entertainment attorney Midori Mahl is less forgiving. "New writers are always taken advantage of," she says. "But if a studio thinks, 'Oh, this is the golden goose,' they're not going to kill you."

The good news is writers — of whatever type — can avoid being vulnerable to mistreatment. Both Marini and Mahl agree that it's always about the contract.

"Since writers are bound to the contract, they need to become educated about contracts," Marini says, "not to the extent that they become lawyers, but they must become knowledgeable." He also suggests writers join an organization such as the ASJA, or, in the case of screenwriters, the Writers Guild of America.

Mahl has other advice and insight for writers in the entertainment industry, starting with: "First, do your research, and find out if the people you are dealing with are trustworthy. If you cannot trust the people, don't sell your script to them."

"If you have a spec script, put a copyright notice on it, and register the script before showing it to anybody. Get a reputable agent and pitch to a studio/production company."

"Always get terms in writing, including how much and how you will be paid. Credit is also an important factor to creators in terms of getting future jobs. Writers should check the WGA rules on this."

"If a studio or production company hires you to write a script, they ask you to sign a writing agreement, and your work belongs to them. It's called 'work-for-hire,' and your work will be at their mercy."

"If you do your part, but the production company/studio does not, and you have a written contract proving the breach, you can hire a lawyer and take action. However, it is costly and time-consuming, and you risk being blacklisted in the industry. After all, studio people do not like troublemakers."

Photo: Courtesy of Wikimedia Commons Images: A Danish Mailbox/ Polski: duńska skrzynka na listy fot. Tomasz Sienicki [user: tsca, mail: tomasz.sienicki at gmail.com]