Directors Guild of America Creative Rights Handbook 2010 - 2011
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DIRECTORS GUILD OF AMERICA CREATIVE RIGHTS HANDBOOK 2010 - 2011 Los Angeles, CA (310) 289-2000 New York, NY (212) 581-0370 Chicago, IL (312) 644-5050 www.dga.org Taylor Hackford, President • Jay D. Roth, National Executive Director Dear Colleague, As Co-Chairs of the DGA Creative Rights Committee, we spend a lot of time talking to Directors about their Theatrical Creative Rights work problems. Often we find that trouble begins with Committee those who are unclear about or unaware of creative TABLE OF CONTENTS rights protections they already have as members of the Jonathan Mostow Steven Soderbergh Co-Chair Co-Chair Directors Guild of America. Michael Bay Taylor Hackford Donald Petrie CREATIVE RIGHTS CHECKLISTS Some DGA Directors have voiced frustration over John Carpenter Curtis Hanson Sam Raimi Checklists of DGA Directors’ creative rights, practices in the editing room; they did not know codified in this handbook that the DGA Basic Agreement protects them from Thomas Carter Mary Lambert Brett Ratner .…..................….…….…….…….…….….3 interference when they are preparing their cut. Some Martha Coolidge Jonathan Lynn Jay Roach television Directors have expressed concern about being excluded from the looping and dubbing process; they Wes Craven Michael Mann Tom Shadyac were unaware that they, like feature Directors, have Andy Davis Frank Marshall Brad Silberling SUMMARY OF CREATIVE RIGHTS the right to participate in both. And many Directors Roger Donaldson McG Penelope Spheeris A summary of a Director’s creative rights did not realize that, because they are Guild members, under the Directors Guild of America Basic they have a right to additional cutting time if necessary David Fincher E. Elias Merhige Betty Thomas Agreement of 2008 for feature film, long-form to incorporate temp effects for the preview of their Carl Franklin Phillip Noyce Jon Turteltaub television and television series .....................................................................4 Director’s Cut. F. Gary Gray Mark Pellington Ron Underwood The purpose of this Creative Rights Handbook is to help raise awareness of your rights during all phases of production. It is important for every member to BASIC AGREEMENT, ARTICLE 7 understand that these are “use them or lose them” rights; Directors’ minimum conditions, preparation, each time we choose not to exercise them, we further the production and post-production for feature chances of their erosion. film, long-form television and television series ..................….......…...................….............7 As you enjoy the benefits of DGA creative rights on Television Creative Rights your next directing assignment, hold a special thought Committee for the Directors who have fought battle after battle to win these protections for us all. And if you find yourself Rod Holcomb Mike Robe CODE OF PREFERRED Michael Zinberg Chair, Movies for Television with any creative rights questions or problems, please Subcommittee PRACTICES call the DGA. Co-Chairs, Single Camera Series Subcommittee A set of non-binding guidelines, agreed upon Sincerely, by the Guild and the studios, to encourage Paris Barclay David Grossman Oz Scott a higher level of conduct for employers and Andrew Bernstein Charles Haid Thomas Schlamme Director ...................................................................18 Tricia Brock Victoria Hochberg David Semel Guy Ferland Lesli Linka Glatter Mark Tinker Jonathan Mostow Steven Soderbergh Karen Gaviola Paul McCrane Jesus Treviño Co-Chairs Steve Gomer Alan Myerson Tom Verica DGA Creative Rights Committee Dennie Gordon Daniel Sackheim Greg Yaitanes CREATIVE RIGHTS CHECKLIST FEATURES & CREATIVE RIGHTS CHECKLIST TELEVISION SERIES LONG-FORM television DURING PREP BEFORE PREP 1. Did you receive the script, with your name on it as Director, no less than 24 hours before prep? 1. Were all the company’s script, casting, approvals and budget commitments revealed to you before you took the assignment? 2. Were you provided with an office? 2. Did you get to choose your first AD? 3. Did you participate in all casting, and was there a reasonable purpose for each person present at the casting session(s) to be there? DURING PREP 4. Were you told what material would be shot by a second unit? 1. Were you provided with an office? 2. Did you participate in all casting? 5. Were you consulted on wardrobe, props, special FX, choreography, music, special equipment, etc.? 3. Was there a reasonable purpose for each person present at the casting session(s)? 4. Were you told what material would be shot by a second unit? DURING PRODUCTION 5. Did you approve the selection of a second unit director? 1. Did you direct all of the originally scheduled principal photography? 6. Were you given a full below-the-line budget before assignment, as well as all subsequent revisions? 7. Were you consulted on all script revisions? 2. Did all notes to cast and crew come directly from you? 3. Were you informed about any electronic transmission of sound or images from the set? DURING PRODUCTION 1. Did you see dailies at a reasonable time? 4. Did you see dailies at a reasonable time? 2. Did you approve the use of video assist? Did you decide the number and placement of monitors? 3. Were you informed about any electronic transmission of sound or images from the set? FOLLOWING PRODUCTION 4. Did all notes to cast and crew come directly from you? 1. Did you see the editor’s assembly within six (6) business days after shooting was complete? Did you see the editor’s assembly before anyone else? FOLLOWING PRODUCTION 1. Did you see the editor’s assembly before anyone else? 2. For a one-hour episode, did you have four (4) days to complete your cut (as long as there were no bona 2. Were you allowed adequate time for preparing your cut? fide delivery date exigencies)? 3. If your cutting time was curtailed because of a delivery or release date, and that date was postponed, 3. For a half-hour episode, did you have one day to complete your cut plus up to one more day to make were you offered more time for your cut? changes? 4. Did you get your cut without interference or “cutting behind”? 5. Did you screen your cut for the producer and person with final cutting authority? 4. Did you get your cut without interference or “cutting behind”? 6. Did you preview your cut of your feature film? Was it in a format superior to a simple Avid output? 5. Did you screen your cut for the producer and person with final cutting authority? 7. If your film involved substantial special effects, were you given the opportunity to incorporate temp 6. Were you notified of the date, time and place of every post-production operation, and in good faith effects for your preview? allowed to be present and consulted? 8. Were you notified of the date, time and place of every post-production operation, and allowed to be present and consulted? 7. Were you offered the opportunity to direct any additional scenes or retakes? 9. Were you offered the opportunity to direct any additional scenes or retakes? 8. Were you offered the opportunity to direct looping or narration? 10. Were you offered the opportunity to direct looping or narration? For long-form TV, if you were not sent to the place of looping, were you provided communication to the looping site through 9. Were you offered the opportunity to take part in the spotting and dubbing of sound and music? ISDN, T-Line or a similar device? 10. If you directed the pilot of a series and a domestic DVD or Internet Web page was created, were your 11. Were you offered the opportunity to take part in the spotting and dubbing of sound and music? name, background, and filmography included along with those of the series’ “creator”? SECONDARY MARKETS AT ALL TIMES 1. Were you advised about editing of versions for ancillary markets and given the opportunity to Were you consulted about every creative decision? participate in this editing? 2. Were you consulted on the contents of the DVD and advised of its release schedule in a timely manner? The Director’s creative rights are codified in Article 7 of the DGA Basic Agreement. If you have any questions, AT ALL TIMES please consult the Guild office or a DGA field representative. Were you consulted about every creative decision? DGA Contract Line: (310) 289-2010 The Director’s creative rights are codified in Article 7 of the DGA Basic Agreement. If you have any questions, please consult the Guild office or a DGA field representative. DGA Contract Line: (310) 289-2010 [ 3 ] SUMMARY SUMMARY OF DIRECTORS’ that person leaves the company, his or her successor must be large enough for at least two people and have a door that shuts, of equivalent rank and must be designated within a reasonable adequate ventilation, a telephone, a desk and desk chair, and CREATIVE RIGHTS UNDER THE time. If the company fails to designate a successor, you have good lighting. The Producer must use its best efforts to provide DIRECTORS GUILD OF AMERICA the right to select one from three persons submitted by the reasonable parking at no cost to you. (7-403) BASIC AGREEMENT OF 2008 company. (7-206) If the Producer provides a private facility for others at a distant Following is a summary of Directors’ creative rights under Article The intended post-production locale must also be mentioned location, it must also provide you with a private facility. Upon 7 of the Directors Guild of America Basic Agreement of 2008. in your Deal Memorandum. (7-506) your request, the Producer must provide you with private It is not intended to change or interpret Article 7. If there is any transportation to and from local locations, unless this increases difference between this summary and the Basic Agreement, the Basic 5.