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ARTICLE A6 – SPECULATIVE WRITING, SAMPLE PAGES AND UNSOLICITED SCRIPTS

ARTICLE A6 – SPECULATIVE WRITING, SAMPLE PAGES AND UNSOLICITED SCRIPTS

A601 There shall be no speculative writing and therefore no Producer may require a Writer to submit Script Material without a written contract.
A602 The Producer and the Guild recognize that there may be an area where the proper and constructive exchange of ideas and criticism between a Writer and a Producer may be claimed by the Guild to be speculative writing.  Whenever the Guild feels that speculative writing has occurred, the case will be referred to the grievance procedure and the Producer's intent as determined by the facts shall be an important factor in the consideration.  In this connection, nothing in this Article shall limit the submission of original stories or prevent the Producer from discussing with any Writer any ideas suggested by such Writer, or discussing with any Writer any ideas or any material suggested by the Producer in order to determine the Writer's thoughts and reactions with respect to any such idea or other material to determine the Writer's suitability for an assignment, provided, however, that any such discussion relating to an assignment shall be subject to the provisions of Article A603.
A603

A Writer's initial interview with the Producer concerning engagement in connection with an assignment may only be with:

  1. a person authorized to make a commitment to the Writer; or

  2. a person designated by the Producer to interview Writers with regard  to the particular project under consideration.

Unless a commitment was made by the Producer in such initial interview, a second interview by the Writer with the Producer concerning the same assignment may only be with a person authorized to make a commitment to the Writer.  In no event may a third interview between the Writer and Producer take place concerning such assignment, nor may the Producer request the Writer to render any writing services, unless a firm agreement has been arrived at between the Writer and Producer as to terms and conditions of engagement prior to the third meeting or the request to render writing services.  As used in this Article, the term "a person authorized to make a commitment to the Writer", shall mean a person who is empowered to make, subject to the negotiation of mutually acceptable terms and conditions, the final creative decision to engage a Writer for an assignment.

A604

When a Producer is considering engaging a Writer in the category of drama or Documentary and the Writer has no credits or written sample of his/her work for the appropriate category, the Producer may request the Writer to write sample pages which shall not be directly related to the prospective engagement provided that:

  1. the sample pages will be a maximum of ten standard form pages; and

  2. all rights remain with the Writer.
A605 Subject to Article A602, should a Producer wish revisions to an unsolicited Script, a contract for the Script must be entered into with the Writer before a contract for revisions is negotiated.

 

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