Since its inception, The Caucus for Producers, Writers, & Directors has been dedicated to the defense of the right of producers, writers and directors to exercise their talents free from unwarranted network, cable, or studio intervention. Over the last 25 years, we have observed steady erosion of those rights, despite our efforts. The death of FinSyn, the expansion of network economic powers, and the concentration in ownership of television has only speeded and exacerbated the process. With the erosion of our creative rights has come a decline in the creativity of much of television programming as well as an absence of joy in the creative process. Without a reversal of this trend, the historic role of each member of the credited creative team in Television is about to become extinct.

We have come to determine that the first step in the defense of our creative rights is to define those rights specifically. Without a clear statement of our creative rights, it is nearly impossible to get agreement as to when these rights have been violated. Furthermore, it is absolutely impossible to confront a network executive about abuses of our rights when there is no agreement as to what those rights are. Strangely enough, this step has never been undertaken.

The Bill of Rights describes in broad terms the rights of Producers, Writers and Directors as if they were one without delineating the lines of authority between the three. In practice, the exercise of each of these rights may be the specific prerogative of one or more members of the team. The Bill Of Rights is intended to be a vehicle to unite the members of the three guilds by defining the relationship between Producers, Writers and Directors as a group and the financing entity rather than attempting to define the boundaries of rights and prerogatives between each guild member. The creation of the Bill of Rights is but the first step. The second step is to gather consensus in the industry and in the media that the Bill describes the appropriate working relationship between financiers and the credited creative team for the creation of excellence in Television programming. Finally, as this Bill gathers agreement and consensus, we can pursue network policies and personnel who violate these rights. Without the specificity and the agreement, all efforts are doomed to failure or, at best, very limited and temporary alleviation of a condition.

Discussion of the Provisions

Preamble: We, the members of the Caucus for Producers, Writers & Directors, believe that the American public is deserving of and entitled to excellence in television programming. We believe this can result only from the efforts of a diverse pool of talented men and women working in an open, free and supportive environment. We believe that our rights and responsibilities originate with the assumption of the credit that appears on screen. By setting forth the following statement of our creative rights we hope to define appropriate boundaries between the individuals who create entertainment and the entities that finance and distribute those creations

DISCUSSION: The historic, proven, and time-honored tradition of the film and television industry dictates that the quality of execution of a project is the responsibility of the producer, writer and director. Screen credit is both the recognition of that tradition as well as a statement to all of who is responsible for the creative quality of a project. Therefore, we stand on the immutable principle that it is the right and responsibility of the producer, writer and/or director to determine all creative components of the project. We recognize the rights of the financing/distribution entity to protect its business interests through the approval of elements that directly impact the projects marketability (selection of concept, script, star casting), or its execution by approving the people primarily responsible for the project's execution (the writer, director and producer). These two rights are not contradictory as long as the choices emanate from, or are arrived at with the unqualified approval of, the producer, writer and/or director.

The Bill of Rights seems to describe the relationship between the Executive Producer and the financier/distributor. In fact, because, in most cases, the Executive Producer is the individual charged with the responsibility of representing the credited creative team (producers, writers, directors,) to the financing/distribution entity, it describes the relationship between all the credited creative team members and the financier/distributor.

We believe a healthy, and productive creative process can exist only in an environment where the rights and responsibilities of all parties are known, acknowledged, and consistent with each's position, background, and talents. Therefore, in order to enable the creative process, diminish conflict and abusive behavior, and protect the natural rights of all parties, we are delineating and defining those rights and responsibilities.

1. The Right to Creative Rights

The rights and responsibilities of each of the credited producers, writers, and directors, inseparable from screen credit, can not be negotiated away or avoided. It is the obligation of every writer, director and producer to defend these rights and responsibilities and to oppose the granting of unjustified screen credits.

DISCUSSION: Because screen credit signifies creative responsibility, assumption of the creative obligations by non credited individuals, be they network program executives, studio executives or others, negates the very truth of the credit on the screen. Furthermore, because the assumption of screen credit acknowledges to the world that the individual was responsible for the creative output, non fulfillment of those creative responsibilities by credited individuals implies either taking credit or accepting criticism for the work of another. Both are dishonest. Moreover the practice of branding an individual as difficult or uncooperative because he/she insists on exercising the creative rights and responsibilities that are consistent with the credit determination upon which we are judged and evaluated is abusive and destructive to a creative environment.

2. The Right of Representation and Association

Independent and strong artistic guilds are essential to a healthy and supportive creative environment. Nothing contained herein may diminish rights already won in collective bargaining nor limit an individual guild in future collective bargaining efforts.

DISCUSSION: The primacy of the individual guilds as representatives of their members must be clear and uncompromised. The Bill of Rights is meant to stake a minimum position in the relationship between the creative team (writer, director and producer) and the financier/distributor or network. It does not represent the ultimate goals or objectives of any particular guild. Nor does it define the locus of any particular responsibility or right between the members of the creative team.

3. The Right of Creative Survival

In assuming screen credit, we put our reputations, and thereby our careers, at risk with every project. We have the right to be protected from imposed conditions which place our very creative survival at risk.

DISCUSSION: Imposed conditions such as rush schedules, improper intrusion into the creative process, or demands regarding talent interfere with and negate the creative team's rights and responsibilities. There are circumstances that are unavoidable given the nature of the television business and the competitive demands of scheduling which cause rushed production or post production schedules. Yet, whether they are a natural part of the industry consistent with the financier's economic rights or the result of inappropriate creative intrusion, the members of the creative team are entitled to protection from the responsibility the screen credit signifies when that responsibility is denied. Writers have the right to assign a pseudonym if they wish to disassociate from their work that has been altered. The Director's guild has established the credit name of Allan Smithee as a signal to all that the Director has chosen to disassociate his name from the project because the product does not represent their work or vision. We believe a similar system needs to be established for Producers.

4. The Right of Fair Competition

Efforts made by those who control the means of exhibition to extract ownership or rights as a condition of pickup is unfair competition and an attack upon excellence in programming.

DISCUSSION: The freedom won by the entrepreneurial Producer, Writer or Director by his economic independence is an essential component of his/her ability to determine the shape and content of his/her work. It is the economic freedom and independence that contributes to a healthy creative environment that encourages free expression and originality of vision. Network practices that limit access to those who give up ownership is a direct threat to that free creative environment. Furthermore, conditioning access upon acquiring ownership is a violation of fair business practices under American law.

5. The Right of Diverse Ideas

Concentration of ownership of media is inherently contrary to the interests of diversity of ideas and quality programming. Censorship of content, whether it is applied by Government, advertisers, pressure groups, or networks/cable services themselves, is contrary to the American tradition of free speech and the creation of a rich television environment.

DISCUSSION: Along with the obvious limitations to creative expression and free speech contained in any censorship system based on arbitrary standards, the concentration of ownership into the hands of a very few international mega-corporations acts to limit the range of ideas and stories available to the public.

6. The Right of Script Determination

While the financier/distributor retains the right to approve the story and script and to provide notes and guidance as to areas of concern, the ultimate responsibility for all script content, including changes, rests with one or more of the producers, writers, or director.

DISCUSSION: The Network/Studio executive's appropriate role is to offer observations and responses as to areas of concern and, if possible, offer suggestions as to changes. Dictates as to any specific script change are a violation of creative rights. It negates the validity of the creative credits and implies the Financier/distributor has the superior creative abilities.

7. The Right of Talent Selection

With the exception of star casting for ratings purposes, the selection of all creative staffing is the responsibility of one or more of the producers, writers, or director. Disapproval of any element must be on a show cause basis.

DISCUSSION: The financier/distributor's right of approval over certain elements is intended to offer protection against unwise choices made because of incomplete information. The financier/distributor has no legitimate power to force a creative element upon the Executive Producer or Director. Rather, the role is to approve or disapprove based on factual information.

8. The Right of Production Control

Consistent with the provisions of the financing agreement or budget, all creative decisions regarding production, including locations, staff, shooting schedule, etc. are the responsibility of one or more of the producers, writers, or director.

9. The Right of Final Determination

Consistent with format, standards and practices and the approved script, all decisions regarding final editing, music, and sound are the responsibility of one or more of the producers, writers, or director.

10. The Right of Timely Response

Because each project represents a commitment of both time and creative energy, we are entitled to prompt responses with regard to rights of approval and sufficient lead-time so as to enable quality work.

DISCUSSION: Financier/distributor unwillingness to abide by contractual response requirements, or the use of their bargaining power to extort unreasonable or unlimited response times constitutes an unfair and abusive practice that can and often does impact our rights.

Jan. 9, 1999 ©1999 The Caucus for Producers Writers and Directors