Whose script is it, Anyway? Writers question credit and compensation

A still from Madgaon Express, which was Kunal Khemu’s first writing credit for screenplay; (right) YRF’s Mere Brother Ki Dulhan launched writer Ali Abbas Zafar

It was an announcement from Yash Raj Films, asking writers to send in scripts to their submission portal. Innocuous enough, until a clause screenshot from the YRF website found its way to social media, with a post titled "This is wrong on so many levels." Soon enough, WhatsApp groups were buzzing, setting off alarm bells among film enthusiasts.

The clause reads as if it was from a dystopian contract: "Any submission, solicited or unsolicited, shall become the property of the production house unless there's a prior written agreement, and may be exploited in any way at YRF's sole discretion." The fine print went on to state that those submitting their work would not be entitled to "any compensation, credit, or notice".

What made the post blow up was its reference to YRF's announcement just days earlier of the submission portal, "Script Cell".

Riya Rajkumar Sharma, Sailesh Ramaswamy, Anu Singh Choudhary and Sudeep Nigam, screenwriter

We reached out to YRF for a clarification; however, they only issued a public statement claiming that the viral clause was not part of its Script Cell terms but from a separate disclaimer (now removed) on their website.

However, screenwriters say such clauses are not unheard of. Contracts often support producers more than the writers. Independent screenwriter Sailesh Ramaswamy lists some examples, including the credit clause, which gives credit as per the producer's or platform's (in the case of OTTs) discretion. "Earlier, we used to be able to push back. Back in 2019, 2018, and 2020, I signed contracts where I had put in clauses that my name would be on the poster. We have regressed from there," he says.

The second big thing, Ramaswamy says, is the shift in the payment structure. Contracts are now being structured to pay writers only 40 to 50 per cent for the final draft, and the rest in parts. Ramaswamy adds, "At times, if the writer has insisted on a buyback clause, successful producers want writers to buy it back at 40-50 per cent more than the price that they paid you for writing it." In many contracts, payments are also tied to draft approvals: 20 per cent on the first draft, another 20 per cent on the second, and so on.

While Ramaswamy has more examples that even established writers struggle with, we wonder if it is even logical to submit scripts via a portal.

How do new writers, looking to get their foot in the door, even navigate this system? "I feel that script submissions done without knowing the person to whom you are submitting are not that useful," says Sudeep Nigam, screenwriter and creator.

Instead, Nigam recommends pitch festivals, like the one organised by the Screenwriters Association (SWA), as better platforms to bring new scripts forward.

In the real world, where young writers have little to no bargaining power, you can't depend only on luck. "Over the last five years there has been a lot of chatter around writers' rights, and we want to push that discourse forward. The Writers Guild of America (WGA) strike in 2023 gave us a lot of momentum. It's still not equitable, it's still not great bargaining power. But at least there is chatter and there is fight," says Nigam.

But why is credit and compensation even a question? Anu Singh Choudhary, a screenwriter who has recently transitioned to being a director and producer, says that the Copyright Act in India is strong, but it gets murky as "filmmaking is such a collaborative idea". "At what point is a director's voice or a producer's voice giving input? When you have submitted your script and then they come back with feedback or "notes" and they are making it supposedly their own, does that make the material theirs? Therefore, I feel a basic minimum contract is important to have. We are only fighting for that," she says.

The SWA, for some time now, has been working on standardising writers' contracts that cover fair compensation and credit with a Minimum Basic Contract (MBC). "The ecosystem is changing, and there is pushback now. Therefore, my advice to young writers is that before they sit at the negotiating table, they should be ready to walk away," says Anjum Rajabali, a veteran screenwriter and senior activist of the Screenwriters Association.

Despite tug-and-pull, the MBC has made progress, but as Rajabali says, the contract will ensure "more vulnerable writers are protected."

In the meantime, what can writers do at an individual level? Riya Rajkumar Sharma, counsel at AM Sports Law and Management Co, who handles gaming, media, and entertainment law, explains: "When writers submit a script on a portal, they often consent to its exploitation in line with the portal's terms and conditions. If they're not careful, they may inadvertently surrender all ownership and rights, including derivative rights [ie, the right to create new works based on their original material]. Moreover, when writers share their ideas through such portals, they usually have little to no bargaining power. It is therefore crucial to understand the implications of any submission. Everyone should carefully read all terms and conditions before uploading or sharing their original work on any platform."

Sharma further clarifies that there is no intellectual property in an idea itself. "What I mean is that an idea, by itself, is merely a concept. It gains protection only when expressed in a tangible form, for example, as a written script or a painting. The intellectual property rights lie in that expression, not in the idea alone," she adds.

Nigam also emphasises the need for writers to speak up, instead of simply complaining about it on social media. "The more they speak up, the better it is for the entire ecosystem to not allow for this to happen. Most writers are fearful, and that's where the problem lies. At SWA, we have a dispute settlement committee, which is specially designed just to do this. We handle over 500 cases in a year, and we have the capacity to handle even more," he says.

Would it then help if copyright and IP law were taught as a module in film schools? It would, says Anu, adding, "Also, the art of negotiation. We can all benefit from this and learn not just our rights, but also a producer or studio's perspective."

Naturally, coming together as a community is crucial to this cause. Anu says that young writers should constantly check with each other on what kinds of terms and conditions one is agreeing upon. She says that trusted whisper networks do exist, and writers usually compare notes and red flags before signing projects. There is a flipside, though. "Unfortunately, there is such tough competition and such little work that we end up taking these exploitative contracts only because everybody needs work," she says, adding that "the responsibility of advocacy at various levels then falls on senior writers, which means constantly talking and creating awareness. And if there are red flags, let the community know. Be, in that sense, champion of the other writers. All this while, this ecosystem has really thrived on a lack of unity between the writers."

Rajabali echoes this, "If writers stand united… collective bargaining is very strong."