Credits ManualTelevision

WRITERS GUILD OF AMERICAAs of November 15, 2002

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PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

I. WORKING PROCEDURES . . . . . . . . . . . . . . 4

A. WRITER’S RESPONSIBILITIES WHEN ASSIGNED . . . . . 4

B. COLLABORATION: A TEAM OF WRITERS . . . . . . . . . . . . . 5

C. WRITING INDEPENDENTLY OF PRIOR SCRIPTS . . . . . . 5

II. CREDIT DETERMINATION PROCEDURE . . 7

A. NOTICE OF TENTATIVE WRITING CREDIT . . . . . . . . . . . . 7

B. WHAT TO DO UPON RECEIPT OF NOTICE . . . . . . . . . . . . 8

C. AGREEMENT AMONG WRITERS . . . . . . . . . . . . . . . . . . . . 9

D. ARBITRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

1. Selection of Arbiters . . . . . . . . . . . . . . . . . . . . . . . 10

2. Television Credits Consultants . . . . . . . . . . . . . . . 10

3. Anonymity of Arbiters and Consultants . . . . . . . . 11

4. Rights and Responsibilities of Participants . . . . . 11

5. Pre-Arbitration Hearing . . . . . . . . . . . . . . . . . . . . . 13

6. Procedure of Arbitration Committee . . . . . . . . . . 14

7. Appeals Before a Policy Review Board . . . . . . . . . 15

8. Notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

9. Guild Decision Final . . . . . . . . . . . . . . . . . . . . . . . . . 17

III. GUILD POLICY ON CREDITS . . . . . . . . . . 18

A. DEFINITIONS: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

1. Writer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

2. Literary Material . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

3. Source Material . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

4. Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

5. Television Story . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

6. Teleplay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

7. “Written by" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

8. Narration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

9. “Based on Characters Created by" . . . . . . . . . . . . . 20

10. Episodic Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

11. Unit Series . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

12. Format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

13. “Created By” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

14. “Developed By” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

15. “Adaptation By” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

B. RULES FOR DETERMINING CREDIT: . . . . . . . . . . . . . . . 23

1. “Written by” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

2. “Story by” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

3. “Television Story by” . . . . . . . . . . . . . . . . . . . . . . . . 24

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4. “Teleplay by” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

5. “Adaptation by” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

6. Variety or Audience Participation Shows . . . . . . . 27

7. Narration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

8. No Other Credits Approved . . . . . . . . . . . . . . . . . . . 27

C. PRODUCTION EXECUTIVES . . . . . . . . . . . . . . . . . . . . . . 27

1. Automatic Arbitration Provisions . . . . . . . . . . . . . . 28

2. Notice Requirements . . . . . . . . . . . . . . . . . . . . . . . . 28

D. REMAKES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

E. WITHDRAWAL FROM CREDIT . . . . . . . . . . . . . . . . . . . . . 29

F. GUILD’S RIGHT TO PROTEST . . . . . . . . . . . . . . . . . . . . . 29

G. ORDER OF NAMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

H. PSEUDONYMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

I. WRITTEN MATERIAL PREVAILS . . . . . . . . . . . . . . . . . . . 30

J. REVISION OF SCRIPT AFTER FINAL

CREDIT DETERMINATION . . . . . . . . . . . . . . . . . . . . . . . . 30

K. PUBLICIZING OF CREDITS . . . . . . . . . . . . . . . . . . . . . . . 31

L. CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Preface

A writer’s position in the motion picture or televisionindustry is determined largely by his/her credits.His/her professional status depends on the quality andnumber of the screenplays, teleplays, or stories whichbear his/her name. Writing credit is given for the act ofcreation in writing for the screen. This includes thecreation of plot, characters, dialogue, scenes and theother elements which comprise a teleplay.

The administration of an accurate and equitable systemof determining credits is, therefore, one of the mostimportant services the Guild performs for writers, andit is to a better understanding of this important respon-sibility that this Manual is dedicated.

The Guild is asked more than three hundred times ayear to assist in the resolution of controversies betweenwriters over their credits. Arduous and unpleasant asthis chore sometimes is, the Guild undertakes itwillingly, not only to protect writers from embarrassingpersonal conflicts but also to ensure the validity ofcredit records on which the professional status ofwriters depends.

The guiding principle of this system of credit determi-nation is that the writing credits should be a true andaccurate statement of authorship as determined by therules of this Manual. Fortunately, the written materialprovides a definite basis for credit determination, andthe willingness of experienced writers to read thismaterial carefully and weigh the contributions of theparticipants ensures a fair and impartial decision arrivedat by qualified persons.

The importance of credits demands that writers givethe process for determining credits the closest scrutiny.The rules and procedures set down here are based on:

1. the Guild’s contractual obligations under the Minimum Basic Agreement; and

2. the Guild’s own rules and regulations adopted by the membership, which are put into practice by writers.

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I. WORKING PROCEDURES

A. WRITER’S RESPONSIBILITY WHEN ASSIGNED

1. Notify other writers on the same assignment.

The Company is obligated, under the MinimumBasic Agreement, to notify a writer of all writerscurrently or previously employed by the Companyon the same material. On a television motionpicture ninety (90) minutes or longer, the Companyis required to notify all participating writers inwriting of the name(s) of any subsequent writers.Such notice(s) shall be issued within a reasonabletime after employment of each subsequent writer.

The writer’s responsibility begins at the momentthe writer starts an assignment. A Guild WorkingRule requires that the writer ascertain from theproper authorities in the production company thenames of any other writers currently assigned to thesame material. The writer also must notify any ofsuch other writers of the fact that the writer hasbeen assigned to the material.

2. File contract at Guild office.

Each member must promptly file with the Guildoffice a copy of his/her contract of employment, inno case later than one week after receipt of thecontract.

3. Keep a copy of all work done.

For fair credit determination it is vital that thewriter keep copies of all work done. To be consid-ered in a credit arbitration, literary material musthave been submitted by the writer to the Companyupon completion of the work or upon purchase.All material should be properly dated and labeled.Copies of story or script suggestions constitutingliterary material should be kept and must also havebeen submitted to the Company in writing if thewriter wants to claim credit for these contributions.A dated memorandum to the Company can placethese suggestions on the record. Literary materialsubmitted to the Company includes submission toindividuals authorized by the Company to acceptsuch materials.

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B. COLLABORATION: A TEAM OF WRITERS

A “team” of writers is defined as follows: Two writerswho have been assigned at about the same time to thesame material and who work together for approximate-ly the same length of time on the material.

The Guild does and must presume that when twowriters comply with the definition of a team and theirnames appear jointly on the work that is produced, thewhole will be judged as a joint contribution unless aspecific objection to this assumption is made at thetime of the writing. Such objections should be made inwriting to the Television Credits Administrator andconcurrently to the other writer. It is the Guild’sposition that a writer who chooses to question thevalidity of a collaboration should do so openly andfrankly at the time the work is done and not severalmonths later in the course of a dispute as to credits.

If a writer is employed to work as part of a team in col-laboration with a writer also employed in an additionalcapacity, an Application to Collaborate is required inorder for the writer also employed in an additionalcapacity to claim co-authorship of the team’s material.(See Section III.C., Production Executives.)

When credit is accorded to a team of writers, anampersand (&) shall be used between the writers’names in the credit to denote a writing team. Use of theword “and” between writers’ names in a credit indicatesthat the writers did their work separately, one usuallyrewriting the other. This distinction is well establishedin the industry through custom and practice.

C. WRITING INDEPENDENTLY OF PRIOR SCRIPTS

It has been the practice and the policy of arbiters incredit arbitrations to assume that a writer has access toprior literary material, an assumption based on thecustom of the industry.

Although a writer may claim in all honesty not to haveseen any prior literary material, and/or that theproducer had asked the writer not to read any priorliterary material; and/or that all copies of prior literarymaterial had been made unavailable for any reasonwhatsoever, nevertheless, the arbiters must act on thebasis that there is presumptive evidence that a writer

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did, in fact, have access, in spite of a writer’s claim of“writing independently of prior scripts,” if a significantsimilarity exists between a prior piece of literarymaterial and a writer’s later literary material. Thearbiters must proceed on the basis that the similaritiesin themselves constitute presumptive evidence thatthere must have been some sort of access even if theliterary material of the prior writer were only orallytransmitted, as, for example, from a productionexecutive to a later writer. It is also presumptiveevidence that a production executive would relate insome manner or form, directly or inadvertently,formally or informally, significant contents of a priorpiece of literary material which may or may not beincorporated in later literary material.

Therefore, it is the policy of the Guild that the writtenmaterial will prevail, making the lack of or the existenceof a significant similarity between the prior or laterliterary material the deciding factor. Because this pre-sumption is irrebuttable, the claim of writing inde-pendently of prior literary material may not beconsidered by a Policy Review Board.

This section relates only to the presumption that sub-sequent writers have access to prior writers’ literarymaterial. Please see “Section III. Guild Policy onCredits” for contribution necessary to receive credit.

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II. CREDIT DETERMINATION

PROCEDURE

A. NOTICE OF TENTATIVE WRITING CREDIT

Schedule A of our Minimum Basic Agreementprovides that the Company will send to each partici-pant, and the Guild concurrently a Notice of TentativeWriting Credits. The Company also is required toprovide each participating writer a copy of the finalshooting script (or if such script is not available, thelatest revised script).

A participant is defined as a writer who has participat-ed in the writing of the teleplay or story (other thansource material), or a writer who has been employed bythe Company on the story and/or teleplay, or a “profes-sional writer”1 who has sold or licensed literary materialsubject to the Minimum Basic Agreement. In addition,in the case of a remake, any writer who has receivedwriting credit under any WGA Basic Agreement inconnection with a prior produced version shall also beconsidered a participant. If a participating writer isdeceased or unavailable to participate in the creditdetermination process, such writer may participatethrough an appropriate representative. As a participant,he/she shall be entitled to participate in the procedurefor determination of writing credits.

Although it is the Company’s responsibility to send theNotice properly in accordance with the MBA provi-sions, it is in the best interest of each participatingwriter to make sure the Guild and the Company alwayshave current address information to ensure proper andtimely delivery. If a writer contractually designates anagent or other representative to receive Notices thenthe writer should periodically remind such representa-tive to forward all Notices in a timely manner soimportant deadlines are not missed.

If a participating writer intends to be away from his/herresidence or for any other reason will not be able to

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1 The MBA generally defines a “professional writer” as a person who has receivedemployment for a total of thirteen weeks as a television or theatrical motion pic-ture writer; or received credit on the screen for a television or theatrical motionpicture; or received credit for a professionally produced play or a published novel.A writer may also negotiate with a Company to be treated as a “professionalwriter” even if the writer would not otherwise qualify as a “professional writer”under the MBA.

receive materials at his/her customary mailing address,this writer should give prompt written notice to theCompany to send the Notice of Tentative WritingCredit and the final shooting script to a specified rep-resentative.

B. WHAT TO DO UPON RECEIPT OF NOTICE

1. If the writer agrees with the tentative writingcredits proposed by the Company, the writer doesnothing, signifying acquiescence by failure toprotest.

2. If after reading the final script, the writer wishes todiscuss the credits with the other participatingwriters involved before deciding whether or not toprotest the tentative writing credits, the writer maycall the Guild and the Guild will make reasonableefforts to arrange for such discussion.

3. If after reading the final script the writer wishes toprotest the tentative writing credits as proposed bythe Company, the writer sends the followingwritten protest both to the Company and theGuild:

“HAVE READ FINAL SCRIPT AND HEREBYPROTEST TENTATIVE WRITING CREDITS ON(NAME OF PRODUCTION) AND CONSIDERCREDIT SHOULD BE _______________________ .”

Such written protest must be received by theCompany and the Guild within the time specifiedat the bottom of the Notice of Tentative WritingCredits, but in no event shall this time be less thanthat specified in the Minimum Basic Agreementwhich states, “The Company will keep the finaldetermination of screen credits open until a timespecified in the notice by the Company but suchtime will not be earlier than 6:00 p.m. of the fifthbusiness day following the next day after thedispatch of the notice above specified (7 businessdays); provided, however, that if in the good faithjudgment of the Company there is an emergencyrequiring earlier determination and the Companyso states in its notice, such time will not be earlierthan 6:00 p.m. of the next business day followingthe next day after the dispatch of the notice abovespecified (3 business days).”

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No writer should request credit or ask for an arbi-tration without first having read the final script.

4. In the case of an automatic arbitration, the Guildwill be deemed to have made a written request forarbitration of credits at the time the Companysubmits the Notice of Tentative Writing Credits.

C. AGREEMENT AMONG WRITERS

The Minimum Basic Agreement provides that whenmore than one writer has participated in the writing ofa motion picture, then all participants have the right toagree unanimously among themselves as to which ofthem shall receive writing credits on the televisionscreen and in what form, provided that the form agreedupon is in accordance with the terms of TelevisionSchedule A of the Minimum Basic Agreement, andprovided the agreement is reached in advance of arbi-tration. The Minimum Basic Agreement also providesthat the form of such credit shall not be suggested ordirected by the Company.

Any participant may initiate a meeting or other discus-sion among all the writers who have contributed to tryto reach such an agreement.

After a protest is received by the Guild, if there is anindication that agreement on the credits might bereached by the participants, the Television CreditsAdministrator will make reasonable efforts to arrange ameeting or other discussion among the writers for thispurpose. If no agreement is reached, credits shall befinally determined by arbitration.

D. ARBITRATION

NOTE: The words “arbitration” and “arbiters” and theirvariants are used in this manual in the broadest general,as opposed to technical, sense as implying an expedi-tious, fair and impartial means of resolving differencesamong writers as to their credits.There is no intended orimplied connection with the more formalized arbitra-tions conducted in other forums, such as court-orderedarbitrations or union-management arbitrations. Use ofthe terms “arbitration” and its variants in this manualdoes not contemplate that the credit determination pro-cedures hereinafter set forth are to be construed as a formof statutory arbitration or as a grievance/arbitration

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mechanism such as the one contained in Articles 10 and11 of the Minimum Basic Agreement.

No individual who serves as an arbiter, consultant,member of a Special Committee or Policy ReviewBoard shall have an interest in the outcome of thecredit determination.

1. Selection of Arbiters

Any controversy as to credits shall be determinedby an Arbitration Committee consisting of threemembers of the Guild who shall be drawn from theTelevision Arbiters List. The Television ArbitersList includes writers who have been currentmembers for at least one year and who havereceived no less than three writing credits. At leasttwo of the three arbiters on any ArbitrationCommittee shall have served on no less than twoprevious Arbitration Committees.

Once a year the Television Arbiters List is sent tothe membership. At that time, members have theopportunity to file a list of peremptory challengesdeleting a reasonable number of names from anytelevision arbitration in which they are involved.

The Television Credits Administrator will selectthe Arbitration Committee from the namesremaining on the list after participating writershave had an opportunity to file a list of perempto-ry challenges. Wherever possible, arbiters will beselected who are experienced in the type of writinginvolved in a particular arbitration.

The members of the Committee so selected shallnot be informed as to the name or identity of theother members of the Committee, and there shallbe no conference among the members of theCommittee.

2. Television Credits Consultants

One member of the Guild’s Television CreditsCommittee shall be designated by the TelevisionCredits Administrator to act as Consultant for eachArbitration Committee, and he/she shall beavailable to the members of the ArbitrationCommittee for information on policy, rules,precedent and procedure during the arbitration

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period. It is his/her duty to aid the Committeetoward a majority decision.

3. Anonymity of Arbiters and Consultants

As has always been Guild practice, the identity ofthe arbiters and consultants selected remainanonymous and confidential. The Guild does notreveal the arbiters’ or consultants’ identities or anyidentifying information about them to theCompany, the participating writers or anyone elseoutside the credit determination process. Arbitersand consultants volunteer their services in relianceupon the Guild’s promise of anonymity.

4. Rights and Responsibilities of Participants

All participating writers are obligated to cooperatewith the Guild, including the Television CreditsAdministrator, Consultant, Arbitration Committeeand Policy Review Board panel in every wayrequired to render a fair and timely decision.

a. Verification of Materials

The Minimum Basic Agreement requires theCompany to submit three copies of all materialwritten by participating writers as well as theavailable source material. Inasmuch as the finaldetermination of credits is based on an analysisof this written material, the writer owes it tohimself/herself to examine all literary materialand source material submitted to the Guild bythe Company and to make certain that allmaterial written by him/her has beensubmitted and such material is accuratelyattributed and dated. This may necessitate atrip to the Guild office to examine material.

Under provisions of the Minimum BasicAgreement, the Guild has the right to ask for acutting continuity which will be provided bythe Company if it is available at the time of thearbitration. For this reason, if a writer believesthat the “final shooting script” does not accu-rately reflect what was shot during principalphotography, the writer should request theTelevision Credits Administrator to ask theCompany to submit a cutting continuity. If thecutting continuity is submitted to the Arbitra-

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tion Committee, it is not credited to any par-ticipating writer.

b. Statement to the Arbitration Committee

While the Arbitration Committee bases itsdecision on literary material, including scripts,stories, treatments, etc., and source material,each participating writer is strongly urged tosubmit a written statement of his/her positionto the Television Credits Administrator toforward to the arbiters. It is suggested that thestatement address the requirements to receivecredit as set forth in this Manual, “Section III.Guild Policy on Credits.” The statement mayinclude breakdowns and illustrative compar-isons between the final shooting script andearlier work or any other information whichwould help the Arbitration Committee toevaluate the writer’s contribution to the finalteleplay. It is the Guild’s policy to preclude ref-erences to a writer’s entitlement to contingentcompensation tied to the receipt of credit onthe screen. Participants shall not include suchreferences in their statements. Participatingwriters also shall not include as part of theirstatements to the Arbitration Committee anyletters of support from other individuals.

Statements should not contain informationpertaining to the development process that isnot germane to the arbiters’ analysis of theliterary material. For example, the fact that aproject was “greenlit” after a certain draft isirrelevant in determining credits. The Arbitra-tion Committee must base its decision on eachwriter’s relative contribution to the finalshooting script, and not on the perceivedquality of work or other extraneous factors. Inaddition, statements may not contain informa-tion irrelevant to the written work which mayprejudice any writer in the process.

As the written statement is the participant’sonly opportunity to communicate his/herposition to the arbiters, it is advised that thewriter take due care in its preparation. There is

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no set form or required length. Because of thelimitation of eight business days for the arbi-tration, this statement must be delivered to theGuild within 24 hours after the writer hasnotice that there has been a protest. At therequest of a participating writer, additionaltime to submit a statement may be granted bythe Television Credits Administrator withinthe time constraints for determination ofcredits. Such requests will not be unreasonablydenied. A participant’s failure to submit astatement in a timely fashion shall not precludethe Guild from proceeding with an arbitrationwith the statements then available to theGuild. If a participating writer submits astatement after the materials have beensubmitted to the Arbitration Committee, theTelevision Credits Administrator will forwardsuch statement to the Arbitration Committeeprovided such statement is received prior to adecision of the Arbitration Committee.

As a matter of Guild policy, in each arbitrationthe participants’ statements are held confiden-tial by the Guild. They are not provided toother participants, the Company or anyone elseoutside the credit determination process.

c. Anonymity of Writers

The identity of all participating writers and anyfunctions they performed on the production,other than as writers, shall not be revealed tothe Arbitration Committee. Writers will beidentified to the Arbitration Committee onlyas “Writer A,” “Writer B,” etc., such designa-tions to reflect the order in which the partici-pating writers wrote.

5. Pre-Arbitration Hearing

In the event that a dispute exists as to the authen-ticity, identification, sequence, authorship or com-pleteness of any literary material to be considered ina credit arbitration, a Special Committee consistingof three members of the Television CreditsCommittee shall conduct a hearing at which allparticipating writers may present testimony and

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documentary evidence. Such Special Committee isempowered to make a binding determination forpurposes of submission of material to the arbiters.Following a decision of a credit ArbitrationCommittee, findings and/or conclusions of a SpecialCommittee may be reviewed by a Policy ReviewBoard to determine if there has been a misinterpre-tation, misapplication or violation of Guild policy.

6. Procedure of Arbitration Committee

The following information and material is sent toeach member of the Arbitration Committee by theTelevision Credits Administrator:

a. Writing credits as tentatively determined bythe Company.

b. Statements submitted by participating writers.

c. A statement of the issues to be determined bythe Committee and any other relevant infor-mation as formulated by the Television CreditsAdministrator.

d. Literary material, including scripts, stories,treatments, etc., verified for inclusion in thecredit arbitration and source material submittedby the Company, together with a list of the datesof the material in chronological order.

Each participating writer may choose to havesubmitted those verified literary materialshe/she deems relevant to demonstrate his/herwriting contribution to the final shootingscript. Every draft need not be submitted.Each writer should review his/her material inorder to make this determination.

As has been the practice, where appropriate,only the final shooting script and not prior draftswill be submitted to the Arbitration Committeeon behalf of the last participating writer.

The literary material submitted to the Arbitra-tion Committee includes material written byparticipating writers who are not seekingwriting credit. This is necessary so that theArbitration Committee can separate out thecontribution of a subsequent writer from thatof a prior writer who is not seeking credit.

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e. A copy of this Credits Manual.

f. Request for telephonic communication to theTelevision Credits Administrator by eachmember of the Arbitration Committee, indi-cating each arbiter’s determination of writingcredit, with confirmation of this decision tofollow in writing.

Each member of the Arbitration Committeereads all the material submitted independent ofthe other two arbiters and makes a decisionbased on the guidelines for determiningcredits. In determining relative contribution,the Arbitration Committee bases its determi-nation on what material was actually used, notthe Committee’s personal preference of onescript over another. Upon reaching a decision,each member of the Arbitration Committeeshall telephone it to the Television CreditsAdministrator and confirm it in writing with asummation of the reasons for his/her decision.The majority decision shall be accepted as finaland communicated by the Television CreditsAdministrator to all interested parties.

7. Appeals Before a Policy Review Board

Within twenty-four hours of the initial notificationof the Arbitration Committee’s decision, any of theparticipating writers may request an internal Guildappeal to a Policy Review Board consisting of theChair or Vice-Chair and any other two members ofthe Television Credits Committee except the Con-sultant in the case. If the Chair or Vice-Chair isunavailable or otherwise unable to serve on a PolicyReview Board, the Policy Review Board shallconsist of three members of the Television CreditsCommittee. No member of the Policy ReviewBoard shall have an interest in the outcome of thecredit determination.

The function of the Policy Review Board is todetermine whether or not, in the course of thecredit determination, there has been any seriousdeviation from the policy of the Guild or theprocedure as set forth in this Manual.

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The members of a Policy Review Board are notpermitted to read the material involved forpurposes of independently judging writers’ contri-butions to the final shooting script, and the PolicyReview Board is not empowered to reverse anArbitration Committee in matters of judgment asto the participating writers’ relative contributions tothe final script.

Only the following are grounds for a participant’sappeal to a Policy Review Board:

a. Dereliction of duty on the part of the Arbitra-tion Committee or any of its members.

b. The use of undue influence upon the Arbitra-tion Committee or any of its members.

c. The misinterpretation, misapplication orviolation of Guild policy.

d. Availability of important literary or sourcematerial for valid reasons not previouslyavailable to the Arbitration Committee.

If a writer is considering requesting a Policy ReviewBoard, the writer may request copies of the arbiters’written summaries of their decisions, which will beprovided by the Guild without any indication ofthe arbiters’ identities.

Prior to the Policy Review Board hearing, writersrequesting such Policy Review Board shouldsubmit a written statement to the Policy ReviewBoard setting forth the grounds upon which thePolicy Review Board is being requested (i.e., itemsa., b., c. and/or d. listed above) and the basis forsuch claims in reasonable detail. It is not necessaryto bring an attorney to the Policy Review Board asthe hearing is informal, although writers are free todo so if they so choose.

In those cases where it is empowered to act, thePolicy Review Board shall have the authority todirect the original Arbitration Committee toreconsider the case or to direct the TelevisionCredits Administrator to form a new ArbitrationCommittee.

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The Policy Review Board hearing must be held andits decision rendered within the time allowed forthe arbitration under the provisions of theMinimum Basic Agreement.

8. Notification

The Television Credits Administrator shall write aletter to the Company and the participating writersnotifying them of the final decision of the Arbitra-tion Committee.

9. Guild Decision Final

Television Schedule A provides:

“The decision of the Guild Arbitration Committeewith respect to writing credits, including any PolicyReview Board established in connection therewith,insofar as it is rendered within the limitations ofthis paragraph, shall be final, and the Company willaccept and follow the designation of screen creditscontained in such decision and all writers shall bebound thereby.”

“The decision of the Guild Arbitration Committeemay be published in such media as the Guild maydetermine. No writer or Company shall be entitledto collect damages or shall be entitled to injunctiverelief as a result of any decision of the committeewith regard to credits. In signing any contractincorporating by reference or otherwise all or partof this Basic Agreement, any writer or Companyspecifically waives all rights or claims against theGuild and/or its arbiters or any of them under thelaws of libel or slander or otherwise with regard toproceedings before the Guild Arbitration Commit-tee and any full and fair publication of the findingsand/or decisions of such committee.The Guild andany writer signing any contract incorporating byreference or otherwise referring to this subpara-graph or any writer consenting to the procedure setforth in this subparagraph shall not have any rightsor claims of any nature against any Companygrowing out of or concerning any action of theGuild or its arbiters or any of them, or any deter-mination of credits in the manner provided in thissubparagraph, and all such rights or claims arehereby specifically waived.”

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III. GUILD POLICY ON CREDITS

A. DEFINITIONS

1. Writer

The term “writer” is defined in the Minimum BasicAgreement. In general, the term “writer” means aperson employed by a Company to write literarymaterial or a person from whom a Companypurchased literary material who at the time ofpurchase was a “professional writer,” as defined inthe Minimum Basic Agreement.

For purposes of credit, a team of writers, as definedin the Television Credits Manual Section I.B., isconsidered as one writer.

If literary material covered under the MinimumBasic Agreement is written by one member of ateam, separate and apart from the work of the team,such literary material shall be considered separatefrom the literary material by the team for purposesof assessing contributions to the final shootingscript. Therefore, such individual is eligible toreceive writing credit as an individual writer and/oras a member of a team.

2. Literary Material

Literary material is written material and shallinclude stories, adaptations, treatments, originaltreatments, scenarios, continuities, teleplays,screenplays, dialogue, scripts, sketches, plots,outlines, narrative synopses, routines, and narra-tions, and, for use in the production of televisionfilm, formats.

3. Source Material

Source material is all material, other than story ashereinafter defined, upon which the story and/orteleplay is based.

This means that source material is materialassigned to the writer which was previouslypublished or exploited and upon which the writer’swork is to be based (e.g., a novel, a produced play orseries of published articles), or any other materialwritten outside of the Guild’s jurisdiction (e.g.,literary material purchased from a non-profession-

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al writer). Illustrative examples of source materialcredits are: “From A Play by”, “From a Novel by”,“Based upon a story by”, “From a series of articlesby”, “Based upon a teleplay by” or other appropriatewording indicating the form in which such sourcematerial is acquired. Research material is not con-sidered source material.

4. Story

The term “story” means all writing covered by theprovisions of the Minimum Basic Agreement rep-resenting a contribution “distinct from teleplay andconsisting of basic narrative, idea, theme or outlineindicating character development and action.”

It is appropriate to award a “Story by” credit when:1) the story was written under employment underGuild jurisdiction; 2) the story was purchased by asignatory company from a professional writer, asdefined in the Minimum Basic Agreement; or 3)when the teleplay is based upon a sequel storywritten under the Guild’s jurisdiction. If the storyis based upon source material of a story nature, see“television story” below.

5. Television Story

Credit for story authorship in the form “TelevisionStory by” is appropriate when the teleplay is basedupon source material and a story, as those terms aredefined above, and the story is substantially new ordifferent from the source material.

6. Teleplay

A teleplay consists of individual scenes and fulldialogue or monologue (including narration inconnection therewith), and camera set-ups, ifrequired, together with such prior treatment, basicadaptation, continuity, scenario and dialogue asshall be used in, and represent substantial contribu-tions to, the final script.

A “Teleplay by” credit is appropriate when there issource material of a story nature (with or without a“television story” credit) or when the writer(s)entitled to “Story by” credit is different than thewriter(s) entitled to “Teleplay by” credit.

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7. “Written by”

The term “Written by” is used when the writer(s) isentitled to both the “Story by” credit and the“Teleplay by” credit.

This credit shall not be granted where there issource material of a story nature. However, biogra-phical, newspaper and other factual sources maynot necessarily deprive the writer of such credit.

8. Narration

The term “narration” means material used (typicallyoff-camera) to explain or relate sequence or action(excluding promos or trailers).

Credit for narration shall be accorded only to awriter other than the writer of a teleplay or storyand teleplay.

a. Film assembled in story sequence:

Where no material or a story only has beenwritten at the time the narration writer isemployed, the appropriate form of credit is“Narration Written by.”

Where a story and teleplay have been writtenat the time the narration writer is employedand if there is over eight minutes (in theaggregate) of narration, the appropriate formof credit is “Narration by.” This credit shall notbecome final or effective unless approved by acredit arbitration.

b. Film not assembled in story sequence:

Where no material has been written at thetime the narration writer is employed, theappropriate form of credit is “Written by.”

Where a story only has been written at thetime the narration writer is employed, theappropriate form of credit is “NarrationWritten by.”

9. “Based on Characters Created by”

“Based on Characters Created by” is a writingcredit given to the writer(s) entitled to separatedrights in the following circumstances:

a. when a writer(s) is entitled to separation of

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rights in a theatrical motion picture and thereis a television sequel to such theatrical motionpicture;

b. when a writer(s) is entitled to separation ofrights in a television motion picture and there isa television sequel without an order for a series.

Where there are no separated rights, “Based onCharacters Created by” may be accorded to theauthor of source material upon which a sequel isbased.

10. Episodic Series

An episodic series is a series of programs each ofwhich contains a separate complete story with acharacter or characters common to each of theprograms in the series, provided, however, that suchseries shall still remain an episodic series even thougha multi-part closed-end story is utilized in the series.

11. Unit Series

A unit series is a series of programs each of whichcontains a separate complete story, without acharacter or characters common to each of theprograms in the series but held together by the sametitle, trade name or mark or identifying device orpersonality common to all the programs in the series.

12. Format

The term “format” as defined in the MBA means awritten presentation consisting of the following:

a. As to a serial or episodic series, such format setsforth the framework within which the centralrunning characters will operate and whichframework is intended to be repeated in eachepisode; the setting, theme, premise or generalstory line of the proposed serial or episodicseries; and the central running characters whichare distinct and identifiable, including detailedcharacterizations and the interplay of suchcharacters. It also may include one or moresuggested story lines for individual episodes.

b. As to a multi-part series telling a completestory such as “Rich Man, Poor Man” (Book I)or “Roots” or a prime time serial, such as“Executive Suite,” such format as described in

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(a) above shall be called a “bible” if, in additionand at the request or upon the instructions ofthe Company, it contains all of the followingcharacteristics and requirements:

i) It is in much greater detail than a traditionalformat, and includes the context, framework,and central premises, themes and progressionof the multi-part series or serial.

ii) It sets forth a detailed overall story devel-opment for the multi-part series or for thefirst broadcast season of the serial (or suchlesser period as may be contracted for withthe writer) and includes detailed story linesfor (A) all of the projected episodes of themulti-part series or (B) most of theprojected episodes for the first broadcastseason of the serial (or such lesser period asmay be contracted for with the writer).

iii) The characters must be not only distinctand identifiable, but must be set forth withdetailed descriptions and characterizations.

c. Except as to minimum compensation andreversion ..., a “bible” is a format for all otherpurposes ...

d. As to a unit (anthology) series, a format meansa written presentation consisting of thefollowing: a detailed description of the conceptof the proposed series; the context and contin-uing framework intended to be repeated ineach episode; and the central premises, themes,setting (locale, time, etc.), flavor, mood, styleand attitude of the proposed series; and it mayinclude suggested story lines for several of theprojected episodes.

13. “Created by”

A “Created by” credit shall be given on eachepisode of an episodic series or serial to the writerwhen such writer has separated rights and isentitled to sequel payments under the terms of theMinimum Basic Agreement. The Company maycontract to give such credit to any writer, but suchcontract shall provide that in the event anotherwriter is determined to be entitled to such credit, as

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provided above, that writer shall be given a“Developed by” credit or other similar credit.

14. “Developed by”

A “Developed by” or “Developed for Television by”credit shall be given only to a person who has con-tributed to the writing of the program, series orepisode involved. As a general rule, a “Developedby” credit would be granted to that writer who hascontributed significantly to the series’ distinctive-ness and viability, but not enough to warrant a“Created by” credit. It is up to the arbiters todetermine whether or not it is appropriate to award“Developed by” to the writer proposed for suchcredit by the Company.

15. “Adaptation by”

This credit is appropriate in certain unusual caseswhere a writer shapes the direction of a teleplayconstruction without qualifying for “Teleplay by”credit. In those special cases, and only as a result ofarbitration, the “Adaptation by” credit may be used.

B. RULES FOR DETERMINING CREDIT:

In determining relative contribution, the relevantfactors shall be what material was actually used, not theArbitration Committee’s personal preference of onescript over another.

A team of writers shall be treated in all respects as asingle writer.

1. “Written by”

(See Section III.A.7.)

2. “Story by”

(See Section III.A.4.)

Story credit may not be shared by more than twowriters. For a second writer to share story credit,his/her contribution must constitute substantiallymore than the contribution of the first writer.

A story may be written in story form or may becontained within other literary material, such as atreatment or a teleplay, for purposes of receiving a“Story by” credit.

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3. “Television Story by”

(See Section III.A.5.)

Television Story credit may not be shared by morethan two writers.

If the writer is furnished source material but takesfrom it only a characterization, an incident or someequally limited contribution, creating a substantial-ly new and different story from the source material,he/she may receive credit for “Television Story by,”but only as the result of arbitration. In such casesthe author of the source material may be givencredit that specifies the form in which his/hermaterial was acquired -- for instance, “From a Playby,” “From a Novel by,” “From a Saturday EveningPost Story by,” “From a Series of Articles by,”“From a Story by,” etc.

4. “Teleplay by”

(See Section III.A.6.)

a. Guidelines for the Arbiters in DeterminingTeleplay Credit

Credit for teleplay will not be shared by morethan two writers, except that in unusual cases,and solely as a result of a credit arbitration, thenames of three writers or the names of twowriting teams may be used. The limitation onthe number of writers applies to all dramaticteleplays except multiple-story teleplays, revues,variety and audience participation shows.

A writer who is the original writer (hereinsometimes called the “first writer”) of a teleplayshall be entitled to teleplay credit unless a“second writer(s)” contributes substantially allof the four elements listed below to a degreethat the contribution of the “first writer” ineach of the four elements is essentially elimi-nated. A “second writer(s)” is any writer orwriters who render writing services on ateleplay after the “first writer.”

As a general rule, for a “second writer(s)” toshare teleplay credit the contribution to theteleplay must consist of changes of a substantialand original nature that go to the root of the

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drama or comedy, characterization and contentof a teleplay and constitute substantially morethan the contribution of the “first writer.”

Notwithstanding the requirement that a“second writer” must contribute substantiallymore than the “first writer” in order to shareteleplay credit, where there is more than one“second writer” and where they together con-tribute substantially more to the teleplay thanthe “first writer,” but no one writer contributessubstantially more than the “first writer," the“second writer(s)” contributing most substan-tially to their combined contribution shall beentitled to teleplay credit.

b. Additional Guidelines for the Arbiters inDetermining Teleplay Credit

In each case the arbiters read any sourcematerial and all literary material provided tothem in connection with the development ofthe final teleplay in order to assess the contribu-tion of each writer to the final shooting script.

The relative contribution of writers to teleplayobviously cannot be determined by countinglines or even the number of pages to which awriter has contributed. Arbiters must take intoconsideration the following elements in deter-mining whether a writer is entitled to teleplaycredit:

• dramatic construction;

• original and different scenes;

• characterization or character relationships;and

• dialogue.

It is up to the Arbitration Committee todetermine which of the above-listed elementsare most important to the overall values of thefinal teleplay in each particular case. A writermay receive credit for a contribution to any orall of the above-listed elements. It is because ofthe need to understand contributions to theteleplay as a whole that professional expertise is

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required on the part of the ArbitrationCommittee. For example, there have beeninstances in which every line of dialogue hasbeen changed and still the Committee foundno significant change in the teleplay as a whole.On the other hand, there have been instanceswhere far fewer changes in dialogue have madea significant contribution to the teleplay as awhole. In addition, a change in one portion ofthe script may be so significant that the entireteleplay is affected by it. It is because of theneed to weigh the relative importance of theseelements and to understand contributions tothe teleplay as a whole that experience isrequired on the part of the ArbitrationCommittee, which in each case reads anysource material and all of the writing which hasbeen done in the development of the finalteleplay in order to assess the contribution ofeach writer to the shooting script.

It is possible to consider the writer of a story ortreatment as eligible for teleplay credit, but onlyin those cases where the story or treatment iswritten in great detail, to an extent far beyond thecustomary requirements for a story or treatment.

c. Selection from Source Material

As a guideline for arbiters in cases involving anon-original teleplay based upon sourcematerial, it is a fundamental principle thatselection of teleplay elements2 from the sourcematerial is a part of the creative process ofwriting the teleplay. Arbiters should giveweight to any writer’s original and unique uti-lization, choice, or arrangement of sourcematerial when it is present in the final shootingscript, but not the employment of basic storyelements3 which any other writer may havealso selected.

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2 Section III.B.4.b. of the Television Credits Manual refers to teleplay elements asfollows: dramatic construction; original and different scenes; characterization orcharacter relationships; and dialogue.

3 The term “story” means all writing covered by the provisions of the MinimumBasic Agreement representing a contribution “distinct from teleplay and consist-ing of basic narrative, idea, theme or outline indicating character developmentand action.” (See Section III.A.4.)

5. “Adaptation By”

(See Section III.A.15)

Because of the strong feeling against a multiplicityof credits, the Guild is opposed to the general useof the “Adaptation by” credit. However, the Guildrecognizes that there are certain unusual caseswhere credit is due a writer who shapes thedirection of teleplay construction without qualify-ing for “Teleplay by” credit. In those special cases,and only as a result of arbitration, the “Adaptationby” credit may be used.

6. Variety or Audience Participation Shows

The credit customarily given writers of this type ofprogram is:

“Written by”

Where a writer has contributed material but is notentitled to share in “Written by” credit, an addition-al credit may be given for such material in the form:

“Special Material by”

These credits are subject to determination underAppendix A,Television Schedule C, of the MinimumBasic Agreement. There is no limitation as to thenumber of writers who may share such credits.

7. Narration

(See Section III.A.8.)

8. No Other Credits Approved

Any form of credit not expressly described in thisManual shall be used only upon receipt of a waiverfrom the Guild. Fewer names and fewer types ofcredit enhance the value of all credits and thedignity of all writers.

C. PRODUCTION EXECUTIVES

The term “production executive” means any employeeof the Company customarily hired for, or engaging in,activities considered part of the managerial phase of theCompany’s business activities. For the purpose of creditdetermination, the following are considered to be pro-duction executives: producers, directors, story editors,story supervisors, or any other person who representsmanagement in dealing with writers.

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1. Automatic Arbitration Provisions

Schedule A of the Minimum Basic Agreementprovides:

“Unless the writing of the story and/or teleplayis done entirely without any other writer, nostory or teleplay credit to a productionexecutive shall become final or effective unlessapproved by a credit arbitration as hereinprovided, in accordance with the Guild rulesfor the determination of such credit.”

2. Notice Requirements

A production executive may not receive credit onthe basis of work done as a member of a writingteam, except as a member of a head-to-head col-laboration on such terms as may be approved by theBoard of Directors.

As in all cases, decisions of Arbitration Commit-tees are based upon literary material. Therefore,production executives, as well as other writers,should keep dated copies of all literary materialwritten by them and submitted to the Company.

D. REMAKES

In the case of remakes, any writer who has receivedwriting credit under the Guild’s jurisdiction in connec-tion with a prior version of the motion picture is a par-ticipating writer on the remake. As such, those priorwriters are entitled to participate in the credit determi-nation process and are eligible to receive writing creditpursuant to the rules for determining writing credits.The material written by a prior writer(s) shall be con-sidered literary material.

If under the “Rules for Determining Writing Credits”(Section III.B.) the Arbitration Committee determinesthat such prior writer(s) is not entitled to receivewriting credit, the Arbitration Committee may, withinits discretion, accord such prior writer(s) a credit in thenature of a source material credit, such as “Based on aTeleplay by....”

However, the rules do not preclude a prior writer(s)from receiving both writing credit and a credit in thenature of a source material credit at the discretion of theArbitration Committee.

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E. WITHDRAWAL FROM CREDIT

Prior to the time a credit question has been submittedto arbitration, a writer may withdraw from writingcredit for personal cause, such as violation of his/herprinciples or mutilation of material he/she has written.If the other writer-contributors do not agree, thequestion shall be referred to arbitration. The Arbitra-tion Committee in such cases shall base its determina-tion on whether there is such personal cause.

After credits have been determined by arbitration, awriter may not withdraw his/her name from credit.He/she may, however, by notification to the Guild,withdraw from any other form of credit.

Withdrawal from writing credit will result in loss of anyand all rights accruing from receipt of writing credit.Use of a pseudonym rather than withdrawing fromcredit will not result in such a forfeiture. (See H. below.)

F. GUILD’S RIGHT TO PROTEST

Pursuant to the provisions of the Minimum BasicAgreement the Guild has the right to protest creditsproposed by the Company. The Guild may act irrespec-tive of the wishes of any of the participating writers inorder to ensure that the credit rules are properly applied.

G. ORDER OF NAMES

The order of writers’ names in a shared credit may bearbitrated. Generally, the most substantial contributoris entitled to first position credit. Where there is noagreement among the arbiters as to order of names, orwhere the Arbitration Committee determines that thecredited writers’ contribution is equal, then the Arbi-tration Committee shall order the writers’ nameschronologically.

H. PSEUDONYMS

The Minimum Basic Agreement provides that anywriter who is entitled to credit on the screen and whohas been paid, or is guaranteed payment of, less thanthree (3) times the applicable minimum provided for inthe Minimum Basic Agreement shall have the right tobe accorded credit on the screen, in advertising orotherwise, in a reasonable pseudonymous name.

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The writer shall exercise his/her said right within thetime he/she may give written notice of protest asprovided in Paragraph 13 of Television Schedule A.;provided, however, that in the event of a timely protestby any participating writer, the time to exercise his orher right to use of a pseudonym shall be extended to 24hours after the Guild’s credit determination, but in noevent later than the applicable time periods set forth inParagraph 14 of Television Schedule A.

None of the writer’s rights, including but not limited tocompensation of any kind, shall be affected by use ofsuch pseudonym.

Before using a pseudonym a writer must register it withthe Guild by sending a written notice to the Member-ship Department with the writer’s Social Securitynumber, if any. A pseudonym may not duplicate thename or pseudonym of another writer or the name of apublic figure.

Subject to the terms of a fully-executed strike settle-ment agreement between a signatory company and theGuild, the Television Credits Administrator shall beempowered to obtain the true name and identity of anywriter listed by pseudonym on any Notice of TentativeWriting Credit submitted to the Guild. In the eventthat the Company or writer refuses to reveal the trueidentity of a writer listed by pseudonym on a Notice ofTentative Writing Credit on which the names of one ormore other writers also appear, such writer listed bypseudonym shall not be entitled to receive writingcredit, and credit shall be awarded to the other writersas the Arbitration Committee or the Television CreditsAdministrator determines.

I. WRITTEN MATERIAL PREVAILS

Decisions of Arbitration Committees are based uponliterary material. Claims of authorship must besupported by literary material appropriate for submis-sion to the Arbitration Committee. In the event ofconflicting claims, literary material always prevails.

J. REVISION OF SCRIPT AFTER FINAL CREDIT

DETERMINATION

If, after screen credits are finally determined, materialchanges are made in the literary material, either the

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Company or a participant and the Guild jointly mayreopen credit determination by making a claim within 48hours after completion of the writing work claimed tojustify the revision of credits; and in such case the procedurefor the original determination of credits is followed.

K. PUBLICIZING OF CREDITS

The Minimum Basic Agreement and Guild WorkingRules provide that no writer shall claim credit forscreen authorship on any motion picture prior to thetime when the credits have been determined, and nowriter shall claim credits contrary to such determina-tion. In addition, the Guild believes that it is in thebest interest of all writers that certain facts relating toany particular credit determination should remain con-fidential. For example, participating writers are askedto refrain from commenting in the press or media aboutissues related to pre-arbitration hearings, arbiters’written decisions or Policy Review Board hearings.

L. CONCLUSION

These rules and procedures have been derived from theexperience and practice of the past years. Althoughthey remain the guiding policy by which credits aredetermined, they are not to be considered rigid orinflexible. The Guild has the discretion to depart fromprecedent when new conditions, new problems, or newmethods of work may require an alteration of the rulesor a new application of an existing rule to a unique setof facts and circumstances.

It is now accepted that administration of writers’ creditsbelongs to the writers themselves. It is their responsi-bility to see to it that credits are administered wiselyand well, that the written work product of participatingwriters is credited as accurately as possible, and that theoverall result leads ultimately to a recognition of theimportance of the writers’ contribution to the screen.

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