Good practice
As a screenwriter, here are some of the most important guidelines and principles to keep in mind when starting a new job and signing a contract.
Open communication
A good film is based on honest and trusting relationships. Many problems can be solved by talking about them. Most of the time, the other person is just a phone call, message or email away. Instead of assuming and avoiding, we should communicate. It’s always worth remembering that everyone is working towards the best possible film.
The role of the screenwriter
Depending on the project, the role of the scriptwriter varies greatly. It can be the original idea of the scriptwriter, someone else’s initial idea, an adaptation of a novel or a finished script that needs rewriting.
Agree with the producer and director as early as possible on what your collaboration will look like, whether and to what extent the director will be involved in the writing process (he or she can be a co-screenwriter or just provide feedback), whether and when you plan to involve a script editor, how involved you want to be in the filmmaking process, in pre-production, shooting or post-production. Clearly state your expectations for the whole writing and production process.
In any case, you must have enough time, a relaxed atmosphere and creative freedom to write a script.
Written contract
A written contract with the producer should be signed as early as possible, before work starts on the script. This is useful for both the scriptwriter and the producer, as it helps to avoid misunderstandings later on. It is a good idea to have the help of a lawyer to draft and negotiate the contract.
The scenario contract must not be left to the last minute before the submission of funding applications. The scriptwriter must have a reasonable time to study and negotiate the contract. This is also important for both parties.
In the case of a dual creative, such as a screenwriter-director, a separate contract is concluded for each of the two professions, including an author’s contract as a screenwriter.
Starting work
The work of a scriptwriter starts with writing the concept and treatment. The producer should be prepared to put his own resources into this phase, otherwise the screenwriter bears all the financial risk (in the form of unpaid work) until a possible grant is received. Writing a treatmentis extremely time-consuming work. A scriptwriter cannot be expected to work for free, just as other professionals cannot be expected to work for free.
In the case of an experienced screenwriter, the producer should be able to judge from the verbal pitchand previous work whether he or she is interested in the screenwriter’s idea and vision. Subsequent work should continue on a contract basis and be remunerated.
Option contract
When approaching a producer with your original idea, it is advisable to initially sign an option contract for a reasonable period (for example two years). This way, the idea will not be trapped if the producer abandons the project or delays too long.
Property rights
The scenarist does not have to waive all proprietary rights in favour of the producer. The contract must specify exactly which rights the screenwriter waives. Examples of rights that are important for the screenwriter include, but are not limited to, the rights to aremake orsequel/prequel and the rights to various adaptations (series, book, play, comic, game, etc.).
The personal rights of the author are inalienable
The personal rights of the author mentioned in §12 of the Estonian Copyright Act (the right to authorship, the right to the author’s name, the right to the inviolability of the work, the right to object to modifications made without consent, the right to object to distortions, etc.) are inseparable from the person of the author and are not transferable.
Involvement of a scenarist
The screenwriter has the right to expect that the producer will keep him/her informed of the progress of the film project: informing about the grants awarded, the casting process, involving the producer in the preparation of the film, inviting him/her to screenings where meetings with the filmmakers will take place, informing him/her about screenings at festivals and opportunities to participate in festivals, as well as being ready to report on the film’s sales.
If changes are made to the script after the final script has been handed over and before shooting starts (for example, due to the choice of locations, as a result of rehearsals, or during the process of finalising the mode script), these should also be communicated to the scriptwriter and offered the opportunity to provide feedback.
It is also natural for a scriptwriter to be involved in post-production, for example in editing reviews.
Depending on the form of cooperation and agreements, the scriptwriter may also participate in the filming. The aim of the screenwriter is not to check the faithfulness of the text, but to act as a partner to the director (and also the producer) at various stages of the film’s production, helping to see the dramaturgical whole and providing feedback.
As this is not a common practice in Estonian film culture, you should talk to the producer and director about your expectations when you start work.
Authorship in titles
The screenwriter has the right to be credited in the film’s credits, as well as the right to opt out of having his/her name used.
The author of the script must be credited in the film’s credits as “screenwriter” (or plural if there is more than one author). The person credited as scriptwriter must have made a significant contribution to the writing of the screenplay.
In addition to the scriptwriter, if someone participates in story development, structure development, brainstorming or makes minor revisions to the script, he or she can be credited as “story/idea writer” in the credits.
Screenwriter’s fee
The screenwriter’s fee will be set by agreement between the parties and will depend on the screenwriter’s experience and work to date.
According to common international practice, the screenwriter’s fee is 3-5% of the final budget of the film (or more for a more experienced and highly regarded writer) if the film has a budget of at least €500 000. For smaller budgets, the screenwriter’s fee is a higher percentage. This screenwriter’s fee will include all possible national taxes (except VAT if invoiced through a company that is subject to VAT).
It’s important to agree and set out in the contract what the screenwriter’s share ( royalties) of the film’s income will be. According to international practice, this should be at least 3% of the producer’s net profit.
It is also possible to include a clause that the scriptwriter will be paid a premium if the number of viewers exceeds a certain number. For example, if the number of viewers exceeds 100 000, the scriptwriter will receive an extra €10 000 (the figures given here are indicative and subject to negotiation).
The work of the scriptwriter during the filming of the film will be remunerated separately if the need arises.
Payment schedule
Agree exactly what will be paid for and when. Separate out the fees for the treatment, version 1 of the script and subsequent versions. EXAMPLES: treatment 20%, 1st draft 30%, 2nd draft 20%, 3rd draft 10%, etc. (numbers are indicative and subject to negotiation).
By the start of the first day of shooting at the latest, the screenwriter should have all the initial salary in hand.
Grants
When talking about screenwriter’s fees, it is also important to know about Estonia’s national film support system. In Estonia, the writing and development of feature-length screenplays is mainly financed by grants from the Estonian Film Institute and the Cultural Endowment of Estonia, as well as by producers’ own financing.
Recently, the private sector has also started to invest more and more money in film production.
The amounts of state aid are:
Screenplay for a feature-length fiction or animated film: up to €10 000 (EFI).
Full-length feature film development grant: up to €50 000 (EFI, not including previous grants).
Writing the first draft of a feature-length film: up to €2000 (Kulka)
Development of a feature film script: up to €10 000 (Kulka, includes all previous grants).
Development of a feature-length film: up to €25 000 (Kulka, includes all previous grants).
In total, €95 000 is available from Estonian public donors for the development of the film. During the development phase, the screenplay is the most important document, as it lays the basis for all the funding. The screenwriter should receive the bulk of his/her initial fee during the development phase, which ends with the application for production support.