Rights During Pre-Production and Production
Regardless of what you may have heard, screenwriters can still play an important role when a film has been greenlit and goes into production. This isn’t always the case, but the MBA offers some protection in that respect.
Producer and Director Meetings
For theatrical motion pictures, pilots, movies-of-the-week and miniseries, you have the right to meet with a producer to discuss the project at hand before a director is attached. The MBA uses the phrase “meaningful discussion of the translation of his/her vision to the screen”, which means that you’ll have the right to discuss all aspects of the movie, including tone, location, casting, choice of director, etc.
This allows you to have a continued say for your vision of what you’ve just written. This doesn’t mean that they have to abide by your preferences, rather, it allows for the opportunity of additional collaboration.
When a director is attached, whatever writer is currently under contract for the project will meet with the executive producer and the director to further discuss the project.
In both situations, if the company believes that your inclusion in the production process should continue, you will be considered for an additional contract.
Cast Readings of the Script
The MBA states that it is the preferred practice that the director invite the currently employed writer to the first cast reading.
While this isn’t necessarily a right, the MBA does list it as a preferred practice. If this happens, the writer should only share notes to the director in private, as opposed to speaking to the whole cast reading group.
Visiting the Set
Believe it or not, writers are usually welcome on the set. A new provision in the 2001 MBA addressed the right for a writer to visit the set during production.
So if you’d like to visit the set of your film, what you need to do is contact the producer or executive that you’ve dealt with and make an official request for you and guests to be allowed onto the set during production. However, the director—the captain of the ship—has the contractual right to approve any such visit for any number of reasons.
Covering Location Expenses
If you are still employed through production and have been asked to be on location during filming, the company must cover all travel expenses, which includes first class travel, board and lodging. Any additional writing services authorized by the company while on location must be compensated.
After Production Rights
The journey doesn’t end for the screenwriter when they type THE END or when the production wraps.
Cast and Crew Events
You have the right to be invited to any and all cast and crew events. The company is not required to pay for your travel and overnight expenses, mind you, but you can negotiate for such inclusions (see below).
Right to View Cut of Film
As a contributing screenwriter, you have the right to be able to view a cut of the film. This falls under a “Writer’s Viewing Period” that is set up by the company with due time enough for the writer’s reactions and notes to be offered up and applied—if approved.
Sneak Previews
All credited writers must be invited to the first sneak preview — if any are being held in the Los Angeles area. You should be given five days notice, and once again, your travel and overnight accommodations for such a screening would not be covered by the company. It is not a breach of contract if there is an oversight, so the writer should contact the company after production wraps to stay in the loop.
Premiere, Press Junkets, and Festivals
Credited writers will be invited to attend the domestic premiere or the domestic film festival at which their film is first exhibited—unless notified otherwise by the company. They will furnish you with transportation and accommodations, but only if you are required to travel more than 150 miles to attend the premiere, festival, or press junket.
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